Aerospace & Defense

  • April 03, 2024

    Fed. Circ. Struggles With Ambiguity In $14M Army Corps Row

    Federal Circuit judges struggled Wednesday to understand ambiguous terms in a company's contract with the U.S. Army Corps of Engineers for post-hurricane power restoration, indicating that neither party had clearly explained if the contractor has a valid $14 million claim for additional work needed.

  • April 03, 2024

    Ethiopian Air Trial Set For November Over Boeing's Objections

    An Illinois federal judge said Wednesday that some pending lawsuits over a 2019 Ethiopian Airlines crash will go to trial late this year, despite Boeing's objections that he should hold off on setting a trial date to allow for fruitful settlement negotiations.

  • April 03, 2024

    Special Counsel Tells Judge Cannon To Rule On PRA Issue

    The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate told U.S. District Judge Aileen Cannon that she needs to rule on Trump's argument that he was authorized under the Presidential Records Act to take the documents and cannot send the question of law to the jury.

  • April 02, 2024

    DC Circ. Says FCC Must Rethink Terms For Chinese Video Ban

    The D.C. Circuit ordered the Federal Communications Commission to revise its definition of "critical infrastructure," but still upheld the agency's decision to ban the marketing and sale of video surveillance equipment from two Chinese manufacturers in a new ruling Tuesday.

  • April 02, 2024

    Feds Want 2 Years For Culprit In Fake NASA Contracts Plot

    Prosecutors urged a Virginia federal judge to sentence a Michigan man to 25 months in prison Tuesday after he admitted to defrauding investors through fake NASA contracts, seeking a sentence lighter than the guideline range because he spent eight grueling months in a Philippines detention center before he was in U.S. custody.

  • April 02, 2024

    9th Circ. To Hear Ex-Theranos Execs' Criminal Appeals In June

    The Ninth Circuit has set oral arguments in former Theranos CEO Elizabeth Holmes' high-stakes appeal of her criminal securities fraud conviction and 11-year prison sentence for June 11 — the same day the panel is scheduled to hear arguments in convicted ex-Theranos executive Ramesh "Sunny" Balwani's appeal.

  • April 02, 2024

    Crowell & Moring Attys Avoid Bias Fault In Army Deal Protest

    The U.S. Government Accountability Office denied a Virginia-based defense contractor's protest of a $192.7 million U.S. Army technical and engineering support deal but refused to fault Crowell & Moring LLP attorneys for representing the contractor despite conflict of interest allegations.

  • April 02, 2024

    Ex-Army Officer Says Gov't Smeared Him With False Claims

    A former major general in the U.S. Army on Tuesday sued the U.S. Department of Defense and others, alleging that the government wrongly recorded him as having assaulted his partner, despite her recanting the allegations and admitting they were a ploy to seek attention.

  • April 02, 2024

    2 Firms Seek To Lead Boeing 737 Max Safety Investor Suit

    Labaton Keller Sucharow LLP and Robbins Geller Rudman & Dowd LLP have each asked a Virginia federal judge for a lead role in a securities lawsuit against Boeing over the safety of its 737 Max jets and the role Boeing's top brass allegedly played in diminishing shareholder value.

  • April 02, 2024

    USPTO Targeted In Brothers' Patent Litigation Campaign

    Two brothers who are software engineers and claim to have invented two-factor authorization are accusing the U.S. Patent and Trademark Office of infringing their patents with its sign-in website.

  • April 02, 2024

    Feds Back The Retooled Bribery Case Against Sen. Menendez

    Federal prosecutors on Monday hit back at a "meritless" bid by Sen. Robert Menendez and his wife and business associates to ditch a superseding indictment for an elaborate bribery scheme, citing a plenitude of case law in an effort to knock down the defendants' assertions the retooled charges are "duplicitous" and lodged in the wrong court.

  • April 02, 2024

    Boston Bomber Case Offers Clues For Trump Jury Selection

    A recent ruling that may undo the Boston Marathon bomber's death sentence holds lessons for Donald Trump's upcoming trials, where attorneys will need to make prospective jurors comfortable enough to admit bias before they're picked — and potentially avoid years of appellate fights.

  • April 02, 2024

    20 Republican-Led States Urge Justices To Ax Climate Suits

    A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.

  • April 01, 2024

    Intel Hid Chip Production Delays From Investors, 9th Circ. Told

    Intel investors urged the Ninth Circuit on Monday to revive a proposed class action alleging that the tech giant hid problems with the production of its highly anticipated new computer processors, arguing that Intel repeatedly assured investors that production was "on track," even when Intel management allegedly knew Intel wouldn't meet certain deadlines.

  • April 01, 2024

    FCC Grants Extensions To 6 Carriers Under 'Rip And Replace'

    The Federal Communications Commission is once again granting deadline extensions for the replacement of Chinese-made telecommunications equipment for service providers claiming that supply chain problems and the lack of full "rip and replace" funding is delaying the work.

  • April 01, 2024

    DC Circ. Rejects Navarro's Presidential Records Appeal

    The D.C. Circuit on Monday ruled that the federal government can use a 1978 law governing the preservation of presidential records to force former Trump adviser Peter Navarro to turn over emails from his time at the White House.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Ex-Pharma Co. Exec Denies Signing Noncompete Deal

    The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.

  • April 01, 2024

    Indicted Crypto Whiz Says Software Development Not A Crime

    The founder of the Tornado Cash cryptocurrency exchange told a Manhattan federal judge that the government had wrongly charged him with scheming to launder money and dodge sanctions, saying that the only agreement he'd made with others was to build legal, open-source software.

  • April 01, 2024

    Fla. Judge Says Saudi Arabia Immune From Navy Attack Suit

    A Florida federal judge freed Saudi Arabia from a lawsuit alleging its responsibility for a Royal Saudi Air Force lieutenant's deadly shooting attack at a Pensacola Navy base, saying attack victims failed to overcome the country's immunity from U.S. lawsuits.

  • April 01, 2024

    Fed. Circ. Wary Of Defense Co.'s Late $19.4M Pension Claim

    The Federal Circuit appeared skeptical Monday of an aviation defense company's attempt to revive pension claims against the federal government, as judges on the panel questioned the implications of reviving a claim outside the six-year statute of limitations.

  • April 01, 2024

    GE Vernova Spinoff Approved, Valued At $35.7B

    General Electric Co. said its board has approved the previously announced spinoff of its electric power business GE Vernova, setting the new company up to begin trading on the New York Stock Exchange on April 2.

  • March 29, 2024

    Argentine Gunmaker Accused of Hiding Light Trigger Defect

    An Argentine gun manufacturer was hit with a lawsuit by a Georgia man who says that a dangerous defect in the design of a 9 mm pistol got him shot when the gun accidentally discharged.

  • March 29, 2024

    High Bar To Meet For Novel Protest Over $45B DOE Deal

    The U.S. Department of Energy's deviation from typical federal acquisition rules to award a $45 billion contract to a company previously deemed ineligible is raising eyebrows among government contracting attorneys, but may nonetheless find support in court.

  • March 29, 2024

    Navy Overspent $399M In Ukraine Funding In 2022, DOD Says

    The U.S. Department of Defense said that lax financial controls in the U.S. Navy's budgeting system led it to overspend nearly $400 million in funds intended to help Ukraine following Russia's 2022 invasion, which has also increased the risk of triggering a possible Antideficiency Act violation in the future.

Expert Analysis

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • ASBCA Ruling May Pave Way For Pandemic-Related Claims

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    The Armed Services Board of Contract Appeals’ recent decision that the government failed to meet its evidentiary burden when it sought dismissal under the sovereign acts doctrine offers hope to contractors and subcontractors that faced performance challenges resulting from the COVID-19 pandemic, say Edward Arnold and Zachary Jacobson at Seyfarth.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Contract Disputes Recap: Jurisdictional Challenges

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    Stephanie Magnell and Bret Marfut at Seyfarth examine three recent cases illustrating that, on top of being comprehensive and well-considered, claims submitted to contracting officers must be prepared to withstand future government motions to dismiss appeals for lack of jurisdiction.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • A Guide To New Russia Sanctions For Foreign Financial Cos.

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    Attorneys at Foley Hoag take foreign financial companies on a deep dive into the compliance advice the U.S. Office of Foreign Assets Control issued after President Joe Biden's December executive order widened a Russian import ban and authorized sanctions against businesses that transact with Russia's military-industrial base.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Opinion

    Stakeholder Amici Should Be Heard In Russian Trade Case

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    Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • US Cos. Must Guard Against Russian Diversion Of Goods

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    Amid allegations that Russia is end-running trade sanctions through the diversion of otherwise innocuous, everyday goods, U.S. industry involved in the manufacture or distribution of electric products must step up its customer and partner due diligence to avoid unwittingly facilitating the weapons proliferation cycle, say attorneys at Arnold & Porter.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

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