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Supreme Court to Rule on Seal Rule

Client Alert | less than 1 min read | 06.02.16

The Supreme Court has granted review in State Farm Fire and Cas. Co. v. U.S. ex rel. Rigsby to address the applicable standard for dismissal in False Claims Act cases when whistleblowers, in violation of the statute’s requirements, make public the allegations in their complaint while it is under seal and being investigated by the government. The Court will address a split in which circuits have applied (1) a bright-line rule of dismissal, (2) a rule that considers whether the violation frustrates the congressional goals served by the seal requirement, and (3) a balancing test that focuses on whether the violation actually harms the government.

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Client Alert | 7 min read | 01.05.26

Consideration of Artificial Intelligence in Arbitration Terms of Reference

As artificial intelligence (AI) continues to evolve and integrate into various aspects of legal practice, counsel and arbitral tribunals drawing up their Terms of Reference (TOR) establishing the terms of the dispute being referred to arbitration and also formulating their procedural orders should consider the implications of AI. This client alert highlights the importance of addressing AI in TOR negotiations and provides an overview of likely topics international arbitration practitioners can expect to treat in TORs and procedural orders....