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Law, Strategy, and Risk in Commercial Disputes

2026, Barry Barnett

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Notice of Intent to Manipulate Bars Finding of Manipulation, Second Circuit Holds in ARS Case

By Barry Barnett on November 14, 2011

Caveat emptor, buyers of auction rate securities! The issuer's giving of notice that it might create the illusion of liquidity in an ARS auction defeats your claim that the issuer "manipulated" the auction market. Wilson v. Merrill Lynch & Co, Inc., No. 10-1528-cv (2d Cir. Nov. 14, 2011).

Posted in Securities

Barry Barnett, Susman Godfrey L.L.P.

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Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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