News & Analysis as of

Appeals Aggregation Rules

Foley & Lardner LLP

“Objectively Reasonable” Interpretation Defeats FCA Knowledge in 4th Circuit

Foley & Lardner LLP on

The Fourth Circuit Court of Appeals is now the latest in a growing number of courts holding that an objectively reasonable interpretation of governing law defeats the requisite element of intent or “scienter” under the False...more

White & Case LLP

Opting In (or Out): FERC’s Approach to Integrating Electric Storage and Distributed Energy Resources

White & Case LLP on

In a breakthrough final rule, the Federal Energy Regulatory Commission carves out space in wholesale markets for the aggregation of distributed energy resources. Earlier in the summer, the US Court of Appeals for the DC...more

Dechert LLP

Some Less Egregious Aggregation? – First Circuit Reverses the District Court in Sun Capital Partners

Dechert LLP on

The recent decision by the U.S. Court of Appeals for the First Circuit in the Sun Capital Partners case may allay some of the concerns that private-equity and other investment funds that acquire or invest in portfolio...more

Cozen O'Connor

No Closure Yet on the Issue of Aggregation of Claims Against Solicitors

Cozen O'Connor on

The Court of Appeal in AIG Europe Ltd v OC320301 LLP (formerly The International Law Partnership LLP) has ordered a retrial of the question of whether actions brought by 214 investors in two failed holiday property schemes in...more

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