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GAO Introduces New Exception to Timeliness Rules

Client Alert | 1 min read | 02.10.14

In Motorola Solutions, Inc. (Jan. 28, 2014), GAO created an exception to the longstanding rule that information provided to protester's counsel under a protective order creates attributable knowledge to the protester itself, starting the 10-day clock to file a protest. GAO held that, because there was significant evidence that the protester diligently pursued the information during and after the debriefing, protester's lawyers diligently sought release of the non-confidential information from under the protective so they could consult with their client, and these efforts were impeded by unwarranted agency delay, the timeliness of a supplemental protest should be measured from the time of disclosure to the client because GAO will not allow the agency to "unfairly to benefit from its own dilatory behavior" and effectively run out the clock on prospective supplemental protest grounds.


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....