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D.C. Circuit Creates Split over the Reach of the First-to-File Bar

Client Alert | 1 min read | 04.18.14

In U.S. ex rel. Shea v. Verizon Co., the D.C. Circuit held that (1) two complaints may be "related" even if they involve different agencies or contracts, (2) the bar applies even when the same relator filed the earlier action, and (3) it continues to operate even after the earlier-filed action is resolved. The third holding (which drew a dissent) conflicts with dicta from two other circuits and the Fourth Circuit's 2013 opinion in U.S. ex rel. Carter v. Halliburton Co., petition for cert. filed (discussed here), holding that the first-to-file bar only applies while the earlier action is still pending.

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Client Alert | 4 min read | 01.15.26

Access to Public Domain Documents Pilot: Practice Direction 51ZH

The Pilot codifies the position at common law, set out by Lady Hale in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which permits the public the right of access to documents placed before a court and referenced in a public hearing[4]. This Pilot will apply to cases heard in the Commercial Court, the London Circuit Commercial Court (King’s Bench Division), and the Financial List (Commercial Court and Chancery Division)[5]....