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DoD Publishes New Other Transactions Guidance

Client Alert | 1 min read | 12.07.18

DoD recently published a new online Other Transactions (OT) Guide, replacing the Other Transactions Guide for Prototype Projects, Version 1.2, dated January 2017. Whereas the previous guide applied only to prototype OTs, the new OT Guide addresses research other transaction agreements (OTAs) under 10 U.S.C. §2371, prototype OTAs under 10 U.S.C. §2371b, and follow-on production OTAs under 10 U.S.C. §2371b(f). The new OT Guide also provides practical guidance to Government Agreement Officers and attempts to debunk “Common OT myths.” Among other things, the new OT Guide reinforces that OTAs are intended to be flexible instruments, for example, by encouraging Agreements Officers to negotiate intellectual property rights that differ from those that would apply to FAR-based procurement contracts.

Insights

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....