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.
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.
Client Alert | 6 min read | 03.26.24
Client Alert | 11 min read | 03.26.24
Client Alert | 6 min read | 03.21.24
Federal District Court Rules Corporate Transparency Act Unconstitutional