Court Explores New Frontier On The OCI Front
Client Alert | less than 1 min read | 10.17.07
In Axiom Resources Mgmt., Inc. v. U.S. (Sept. 28, 2007), the Court of Federal Claims held that an alleged unequal access to information organizational conflict of interest had not been adequately mitigated because, inter alia, the mitigation plan was not enforceable, as by court order. Also, before determining whether to issue an injunction, the court requested an amicus brief from the Federal Trade Commission Bureau of Competition on several issues, including whether the awardee should be required to divest several contracts, and whether non-disclosure agreements, perhaps similar to those typically involved in establishing appropriate firewalls, unduly restrict future competition.
Contacts
Insights
Client Alert | 8 min read | 03.05.26
A recent decision by the United States Court of Appeals for the Fifth Circuit, Farmers Texas County Mutual Insurance Co. v. 1st Choice Accident & Injury, LLC, No. 24-20275 (5th Cir. Feb. 24, 2026), offers important lessons for health care payors and other potential plaintiffs considering civil claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Although the Fifth Circuit’s decision focused on a procedural issue, the underlying case turned on a fundamental pleading failure: the plaintiff insurers did not adequately describe the fraudulent network they were suing as a RICO “enterprise.” The result was dismissal of a $14 million fraud case.
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
Client Alert | 4 min read | 03.02.26
