Emory Corporate Governance and Accountability Review


While the general theory behind the First-to-File bar may appear relatively simple, properly and practically applying it is a difficult task. Though there are many complexities involved with First-to-File litigation, this Article focuses on the current disagreement among the various circuit courts of appeals as to whether the First-to-File bar is a jurisdictional bar to litigation. This Article is not intended to offer an exhaustive analysis or resolution to this issue, but rather, will simply introduce the current debate and offer initial thoughts on why the authors believe the First-to-File bar is a non-jurisdictional provision.