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The Contingency

By Barry Barnett, Esq. Visit the blog

2,489 published works

  1. The Contingency

    DOJ Goes Pro-Merger (Even More)

    By Barry Barnett

    Standard Oil Octopus: Past as Prologue After suing to block a big merger the Department of Justice had waved through, a dozen state attorneys-general got a tongue-lashing from the DOJ’s…

  2. The Contingency

    How Federal Courts Got Their Inefficiency

    By Barry Barnett

    The post below comes from the June 2008 issue of Barnett’s Notes on Commercial Litigation. Rudyard Kipling (1865-1936).  Kipling's Just So Stories (1902) include the marvelous one about "The Elephant's Child". It tells…

  3. The Contingency

    Who would lose from a Google breakup

    By Barry Barnett

    Standard Oil Octopus Tech adept David Streitfeld explores the upside of cutting Google into pieces today in The New York Times. He cites talk on Wall Street that Google might…

  4. The Contingency

    Commercial Roundup – May 21, 2025

    By Barry Barnett

    Uber Eats sued DoorDash for hogging big buyers of “first-party delivery services”. https://lnkd.in/gMkmhrve. Uber Eats will need to show that DoorDash’s efforts to lock big chains into using its “first-party…

  5. The Contingency

    Commercial Roundup – March 3, 2025

    By Barry Barnett

    Commercial Roundup rides again! Patent must claim drug’s “active ingredient” as invention to qualify for listing in FDA Orange Book. 24-1936.OPINION.12-20-2024_2439730.pdf Excess policy didn’t cover defense costs (although primary policy…

  6. The Contingency

    Commercial Roundup – December 11, 2024

    By Barry Barnett

    The courts’ output has slowed as the days grow ever shorter ahead of the winter solstice. Welcome to the Commercial Roundup of December 11, 2024. “You’d think [the new Texas…

  7. The Contingency

    Commercial Roundup – September 18, 2024

    By Barry Barnett

    Welcome to the end-of-summer issue of Commercial Roundup--a collection of the most important appellate decisions for commercial litigators and trial lawyers by the U.S. Supreme Court, the 13 U.S. Courts…

  8. The Contingency

    Google monopolized online search market, Judge Mehta rules

    By Barry Barnett

    https://www.nytimes.com/2024/08/05/technology/google-antitrust-ruling.html More to follow.

  9. The Contingency

    Commercial Roundup – July 18, 2024

    By Barry Barnett

    Welcome to summer 2024's first edition of Commercial Roundup. Force majeure clause in contract for "firm" supply of natural gas from Texas to Arizona didn't require seller to show Storm…

  10. The Contingency

    Commercial Roundup – June 19, 2024

    By Barry Barnett

    Happy Teenth--and welcome to the last Commercial Roundup of spring 2024! Patent holder's grant of right to license patent didn't deprive it of standing to sue for infringement. 22-2207.OPINION.5-1-2024_2310958.pdf (uscourts.gov)…