Court Dumps CICA Stay Override
Client Alert | less than 1 min read | 09.05.07
Continuing a trend at the Court of Federal Claims to give close scrutiny to agency overrides of CICA stays during a GAO protest, Judge Lettow in Superior Helicopter LLC v. U.S. (Aug. 30, 2007) found the Forest Service's override determination for firefighting helicopters deficient because it did not explain adequately why existing contracts could not suffice during the protest. More dubious, however, was Judge Lettow's then taking testimony and doing a balancing of the interests based on that additional evidence, although he still found the agency's amplified explanations wanting in this instance.
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Client Alert | 3 min read | 03.28.24
UK Government Seeks to Loosen Third Party Litigation Funding Regulation
On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28. The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable.
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Federal District Court Rules Corporate Transparency Act Unconstitutional