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The Contingency

Law, Strategy, and Risk in Commercial Disputes

2025, Barry Barnett

Rule 10b-5

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AIG Securities Case Wins Class Okay . . . But Only Because It Settled

By Barry Barnett on August 20, 2012

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Um.

Settling a class action case means you don't have to try it. But does making peace also mean you don't have to turn all the square corners of the class action rule, the one we call 23?

It does. Kind of. At least to the extent it avoids trial problems. The kind that could…

Posted in Class Actions, Securities

Rise After Drop in Stock Price Doesn’t Bar Damages for Securities Fraud, Second Circuit Holds

By Barry Barnett on August 2, 2012

Say you bought a share of Enron stock before it belly-flopped into chapter 11. You paid too much for it, right? $90 or so. And when the belly-flopping took place, the market price for your share in the Greatest Company Ever fell to, oh, about $1. You lost around $89 bucks, right?

Maybe. In your…

Posted in Class Actions, Securities

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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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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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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