Aerospace & Defense

  • March 22, 2024

    RTX Loses Second Dispute Over Contract Conflict Of Interest

    A Court of Federal Claims judge has tossed RTX Corp.'s lawsuit alleging it was wrongly excluded from a $54.1 million Navy anti-missile technology contract based on an employee's former Navy job, despite RTX's argument that there was no conflict of interest.

  • March 22, 2024

    Plastics Co. Settles Claim It Forced Out Enlisted Worker

    A plastics company that allegedly refused to promote a worker because he was about to deploy with the Ohio Air National Guard has settled claims that it discriminated against him and ultimately forced him to quit because of his military service.

  • March 22, 2024

    Push For Camp Lejeune Jury Trials Seen As Long Shot

    The legal strategy to secure jury trials in the massive Camp Lejeune water contamination case hangs on a single phrase in a special law stating "nothing" shall impair such trials, but the plaintiffs' gambit is a long shot because Congress didn't go far enough in creating a framework for such trials against the government.

  • March 22, 2024

    Senators Call On White House To Declassify TikTok Info

    A pair of U.S. senators is calling on the Biden administration to declassify information from TikTok and its owner ByteDance, citing national security concerns.

  • March 22, 2024

    EU Pushes For Steep Tariffs On Russian And Belarusian Grain

    The European Commission said Friday that it's working to constrain Russia's ability to fund its war against Ukraine by increasing tariffs on cereal, oil seed and grain product imports from Russia and its Union State partner, Belarus.

  • March 22, 2024

    DHS Shrinks Race Bias Suit Accusing It Of Harsh Criticism

    A D.C. federal judge dismissed the bulk of a suit brought by a Black worker accusing the U.S. Department of Homeland Security of subjecting him to unfair criticism because of his race and then firing him after he complained, saying he failed to beef up the suit with details.

  • March 21, 2024

    Navy Federal Wants Racial Lending Discrimination Suit Axed

    Navy Federal Credit Union on Thursday urged a Virginia federal court to toss a consolidated proposed class action accusing it of racial lending discrimination following a CNN report last year, arguing the plaintiffs have not shown that they were qualified for the loans they applied for, or that the credit union considered race when denying their applications.

  • March 21, 2024

    SpaceX's Severance Agreement Is Illegal, NLRB Attys Say

    The National Labor Relations Board's Seattle office claimed SpaceX's severance agreement included confidentiality and non-disparagement clauses that violate federal labor law, according to a complaint copy obtained by Law360 on Thursday, with board prosecutors asking for a recorded notice reading scheduled for workers across the country to attend.

  • March 21, 2024

    GAO OKs Trade Compliance In Defense Container Deal

    The U.S. Government Accountability Office backed the Defense Logistics Agency's reliance on a contractor's certification that containers it was tapped to ship would use South Korean materials, rejecting a protester's contention the agency should have suspected materials would instead come from China.

  • March 21, 2024

    Sens. Launch Satellite License Streamlining Bill

    Sens. Jacky Rosen, D-Nev., and Ted Cruz, R-Texas, introduced legislation Thursday to reduce hurdles to satellite licensing after a similar effort fell short on the House side last year.

  • March 21, 2024

    Army's Rush For New Strykers Backfired, GAO Says

    The U.S. Army introduced risks to a program meant to increase the lethality of Stryker combat vehicles by ordering more than 260 upgraded vehicles without first reviewing whether the contractor was ready to produce them, a federal watchdog has reported.

  • March 21, 2024

    VA May Have Acted In Bad Faith On $30M Debt Collection Deal

    The U.S. Civilian Board of Contract Appeals refused to toss a $29.6 million appeal accusing the U.S. Department of Veterans Affairs of hampering a contractor's efforts to collect funds from outside insurers, saying the VA may have acted in bad faith.

  • March 21, 2024

    Wells Fargo Overcharged Military Members, Suit Says

    Wells Fargo was hit with a potential class action Wednesday alleging that the bank violated federal law and broke a program's promises by overcharging active duty military members in fees and interest while trying to hide the indiscretion.

  • March 21, 2024

    Sens. Want Spectrum Pipeline, But Worry Over Nat'l Security

    Lawmakers warned Thursday that the U.S. could lose its global leadership role in telecommunications technology by delaying plans to auction more spectrum for commercial use, but said they must first deal with the national security concerns posed by shared use of the airwaves with defense users.

  • March 21, 2024

    Sen. Menendez's Wife Keeps Attys After Feds Allege Conflict

    Nadine Menendez, the wife of New Jersey's U.S. Sen. Robert Menendez, told a Manhattan federal judge Thursday that she will stick with her Schertler Onorato Mead & Sears LLP lawyers ahead of their corruption trial after prosecutors alleged an ethical conflict.

  • March 21, 2024

    Plan Admin. Escapes Ex-Aerospace Execs' Death Benefits Suit

    A third-party administrator isn't liable for misrepresentation and negligence claims from former aerospace company executives over death benefits, a Pennsylvania federal judge has ruled, saying the administrator isn't to blame for the plaintiffs' lack of understanding about the termination of a deferred compensation plan.

  • March 20, 2024

    Journalist Can Sue UAE Over Alleged Hacking, Court Says

    A court has given a British journalist the green light to sue the United Arab Emirates over its alleged use of spyware to infiltrate her mobile phone, in the first U.K. case of its kind, lawyers for the reporter said on Wednesday.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Senators Want More Scrutiny For Defense M&A Deals

    Two U.S. senators are calling on the Pentagon to shift the way it reviews defense industry mergers and dedicate more staff to the task, saying that contractor consolidation is jeopardizing national security and diminishing returns for taxpayer dollars.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Contractor Can't Refute GSA Audit Power, Gov't Tells DC Circ.

    The federal government urged the D.C. Circuit to uphold a lower court ruling that the General Services Administration had the authority to audit a Crowley Government Services Inc. military transportation contract, saying the ruling leaned on a clear interpretation of an underlying statute.

  • March 19, 2024

    NLRB Tells 5th Circ. To Deny SpaceX's Transfer Review Bid

    SpaceX's request that the Fifth Circuit rehear a venue dispute between federal courts in Texas and California isn't justified, the National Labor Relations Board argued, saying the rocket company's challenge to the agency's constitutionality lacks significant ties to Texas.

  • March 19, 2024

    Don't Impose Foreign Ownership Regs On ISPs, FCC Told

    As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.

  • March 19, 2024

    5th Circ. Won't Rehear Ex-Raytheon Worker's Firing Suit

    The Fifth Circuit on Tuesday refused to rehear an engineer's claims that he was fired by Raytheon for flagging issues with a defense system, keeping intact its ruling that national security concerns barred the retaliation case.

Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • GAO Decision Underscores Complexity Of '180-Day Rule'

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    The Government Accountability Office's ruling last month in Washington Business Dynamics, evaluating its eligibility for a small business set-aside contract, provides an important reminder for companies to stay vigilant of developments around the evolving "180-day rule" for submitting a proposal, say Stephen Ramaley and Adam Bartolanzo at Miles & Stockbridge.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How US Companies Can Wield The New Foreign Bribery Law

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    U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.

  • How Gov't Use Of Suspension And Debarment Has Evolved

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    A recent report to Congress about federal agencies' suspension and debarment activities in fiscal years 2021 and 2022 shows exclusion remains a threat to government contracting businesses, though proactive engagement with suspending-and-debarring officials and alternate forms of redress are becoming more common, says David Robbins at Jenner & Block.

  • Protections May Exist For Cos. Affected By Red Sea Attacks

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    Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.

  • What's On Tap For Public Corruption Prosecutions In 2024

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    All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • The 5 Most Important Bid Protest Decisions Of 2023

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    Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

  • 4 Questions On Groundbreaking New Foreign Bribery Law

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    The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • DOD's Proposed Cyber Rule: What Contractors Must Know

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    A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.

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