ele- phonically. The participants in that discus- sion included two officers of XYZ, outside counsel for XYZ (Bernard Barrister), the principals of Smallco, and Smallco's*20 medical advisor.Fm During this conversa- tion, which we shall hereafter refer to as "the call," Barrister advocated XYZ's posi- t

from the market (at least temporarily). Be- fore doing so, however, XYZ's existing supply agreement obligated it to consult with its co-venturer, Smallco. Representat- ives of the two companies conferred tele- phonically. The participants in that discus- sion included two officers of XYZ, outside coun