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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2025, Barry Barnett

preliminary injunction

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Trademark Owner Must Prove Likely Irreparable Harm for Preliminary Injunction, Ninth Circuit Rules

By Barry Barnett on December 2, 2013

The-Platters

Herb Reed Enterprises (HRE) claimed that Larry Marshak infringed HRE's trademark rights in "The Platters", a name and mark that relate to a singing group whose hey-day spanned the second half of the 1950s.

The band split up in the 1960s. But nostalgia for "The Great Pretender", "Smoke Gets in Your Eyes", and "Only You"…

Posted in Intellectual Property

You Have the Right to Skip Fox Ads, Ninth Circuit Rules

By Barry Barnett on July 24, 2013

PrimeTime-AnytimeRupert Murdoch's TV empire in the U.S. has lost its bid to stop you from avoiding the ads that Fox embeds in its shows — your Glees, your The Simpsonses, and your So You Think You Can Dances.

The Ninth Circuit turned back Fox's appeal of an order that denied its motion to enjoin…

Posted in Intellectual Property

Quote of the Day: E. Grady Jolly

By Barry Barnett on August 22, 2012

It takes no expansion of the mind to understand how Texas's message disfavoring abortion would be garbled if health care providers participating in the [Women's Health Program] could identify and poster their clinics with abortion-related identifying marks.

Planned Parenthood Ass'n of Hidalgo County, Texas, Inc. v. Suehs, No. 12-50377, slip op. at 10 (5th…

Posted in Uncategorized

Working for a Ponzi Scheme Doesn’t Pay, Fifth Circuit Affirms

By Barry Barnett on July 25, 2011

The wages of sin is death. What wages do you get from a Ponzi scheme?

The kind you can't access any more.

People who worked at Stanford Group Company found that out the hard way. Their employer, we now learn, paid them with proceeds of a Ponzi scheme. The Fifth Circuit held that funds they…

Posted in Class Actions

Passive Voice Saves Embryonic Stem Cell Research

By Barry Barnett on June 1, 2011

Blawgletter has a thing about the passive voice. We don't like it, no sir. Not at all. You might say it is hated by us.

[See, e.g., "They Will Be Killed by Us", "The Voice That Dares Not Call Its Name", "Passive Voice Kills Another Lawsuit", "Contingent Fee…

Posted in Uncategorized

First Circuit Okays Denial of Preliminary Injunction in Auction Rate Securities Case

By Barry Barnett on October 12, 2010

You may remember that in February 2008 the "auctions" that gave "auction-rate securities" their liquidity seized up.  Lots of people who'd bought ARSs thought they could sell them about as easily as they could unload shares in money market funds.  The slightly higher rate of return made the ARSs more attractive.  So they believed.

The auctions…

Posted in Securities

Barry Barnett, Susman Godfrey L.L.P.

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I take a personable and strategic approach with every client as we navigate the best path for our case.

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Email: bbarnett@susmangodfrey.com
Website: https://www.susmangodfrey.com/attorneys/barry-barnett/

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About This Blog

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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