This Week At The Ninth: Debarred And Debugged

This week, the Court knocks down a party's argument that it was "de facto debarred" from exporting activities under the Arms Export Control Act, and explains what exactly triggers the statute of limitations in Wiretap Act suits.

THORNE v. U.S. DEPARTMENT OF STATE
The Court rejects the contention that parties are "de facto debarred" from exporting activities under the Arms Export Control Act when the government has simply prohibited them from engaging in a discrete set of transactions.

Panel: Judges Siler (CA6), Berzon, and Lee, with Judge Siler writing the opinion.

Key Highlight:  "By essentially only informally requesting further clarification regarding Thorne's license denials, plaintiffs have not pleaded sufficient facts or provided sufficient evidence of a nefariously imposed complete prohibition on their legal engagement [Arms Export Control Act] activities so as to overcome the presumption of legitimacy that is accorded to Government records and official