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Aerospace & Defense
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March 04, 2024
Feds Urged Not To Let Mobile Cos. 'Centralize' Airwaves
Mobile networks should not be allowed to amass so much of the airwaves that they inadvertently crowd out national security technologies or sideline shared spectrum models, a group of experts told the U.S. Commerce Department.
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March 04, 2024
FAA Audit Flags Boeing 737 Max 9 Production Lapses
Boeing and its key supplier, Spirit AeroSystems, failed to comply with manufacturing quality control requirements across several departments, according to findings from a Federal Aviation Administration audit of the 737 Max 9 jets after January's harrowing Alaska Airlines midair panel blowout.
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March 04, 2024
Appeal Of $20.5M Terminated Deal Too Late, Says Fed. Circ.
The Federal Circuit on Monday declined to revive a construction company's untimely challenge over the termination of a $20.5 million National Guard contract, saying the company had enough information to be aware of the deadline to appeal.
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March 04, 2024
US Ends Old Curbs On Zimbabwe, But Sanctions Its President
The Biden administration on Monday ended more than two decades of U.S. economic sanctions on Zimbabwe in an apparent pivot toward a program covering "clear and specific targets," including the country's current president, Emmerson Mnangagwa.
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March 04, 2024
Vista Outdoor Rejects $2B Takeover Bid From MNC Capital
Vista Outdoor Inc. has rejected a $2 billion takeover bid from MNC Capital Partners LP, saying the proposal does not take into account increased earnings the company will see when it separates its outdoor and sporting goods divisions.
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March 04, 2024
Menendez Loses Bid To Suppress Gold Bars In Bribery Case
A New York federal judge on Monday refused to suppress explosive evidence — including gold bars, cash and an engagement ring — the federal government unearthed in its second bribery case against U.S. Sen. Robert Menendez and his associates, reasoning that the omissions the embattled New Jersey Democrat targeted in prosecutors' affidavits weren't material.
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March 04, 2024
L3Harris Agrees To Pay $650K To Wrap 401(k) Class Action
Defense contractor L3Harris will pay $650,000 to end a class action accusing it of running afoul of federal benefits law by saddling retirement plan participants with high fees and expensive investment options, according to a Florida federal court filing.
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March 04, 2024
Pentagon Leaker Faces Lengthy Prison Term After Plea
Jack Teixeira, the 22-year-old Massachusetts Air National Guardsman charged with one of the most significant military intelligence leaks in U.S. history, is facing more than a decade in prison after pleading guilty Monday to multiple violations of the Espionage Act.
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March 01, 2024
Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed
A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.
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March 01, 2024
Microsoft Escapes SAIC's Night-Vision Goggle Patent Suit
A U.S. Court of Federal Claims judge has found that Microsoft Corp. didn't infringe a Science Applications International Corp. patent in a suit accusing the federal government of contracting with Microsoft and L3 Technologies Inc. for night-vision goggle weapon systems with infringing displays, but the judge also denied bids to find the patent invalid.
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March 01, 2024
Afghan Allies' Visa Processing On The Rise, Watchdog Says
The U.S. Department of State was able to increase the number of special immigrant visas issued to Afghan allies during the last months of 2023, the U.S. Department of Defense watchdog recently reported.
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March 01, 2024
Trump Challenges Origins Of Prosecution In Fla. Docs Case
The special counsel's office prosecuting Donald Trump's criminal case on mishandling classified documents told the Florida federal judge overseeing the case on Friday that his attorneys don't have a viable claim challenging the origins of the prosecution team, arguing that intelligence agencies had no role in determining the charges against the former president.
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March 01, 2024
MNC Capital Enters Vista Outdoor Takeover Fray With $2B Bid
MNC Capital Partners LP has submitted a proposal to acquire Vista Outdoor Inc. for $2 billion, despite Vista entering a merger agreement last year to be acquired by a different company, according to Friday statements.
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March 01, 2024
Joint Venture Wins $45B DOE Nuclear Deal Again After Protest
The U.S. Department of Energy has again awarded a $45 billion nuclear waste management contract to a BWXT, Fluor and Amentum joint venture, after a previous award to the company was vacated over its failure to follow a federal registration requirement.
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March 01, 2024
Construction Co. Loses $492M Corps Deal Protest
The Court of Federal Claims has shot down a construction company's contention that the Army Corps of Engineers awarded a $492.3 million cutoff wall project deal despite the awardee having a deficient subcontractor commitment letter, saying the letter wasn't needed.
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March 01, 2024
Ex-Raytheon Worker Asks Full 5th Circ. To Revive Firing Suit
An ex-Raytheon engineer pressed the full Fifth Circuit to reconsider a panel decision blocking claims that he was fired for reporting concerns with a naval system, saying the panel wrongly expanded a national security court review bar to government contractors.
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March 01, 2024
Iranian National Faces 20 Years For Defense Hack Scheme
An Iranian national faces up to 20 years in prison for his alleged role in a yearslong hacking scheme that targeted U.S. companies, including defense contractors, often by using fake female personas on social media, according to a freshly unsealed indictment.
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March 01, 2024
Menendez Associate Pleads Guilty In Bribe Case
A New Jersey insurance broker pled guilty Friday to bribing Sen. Bob Menendez and his wife, Nadine, by buying her a Mercedes-Benz convertible, under an agreement to cooperate with federal prosecutors.
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March 01, 2024
Russian Admits To Smuggling US Tech With Military Uses
A Russian national pled guilty in a New York federal court to money laundering and smuggling, after being accused by U.S. prosecutors of operating a network that brought sensitive U.S. microelectronics with military applications to Russia.
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February 29, 2024
Veteran Journalist Held In Contempt For Not Divulging Source
A D.C. federal judge on Thursday found veteran journalist Catherine Herridge in civil contempt of his order to reveal her sources for a series of stories she wrote while at Fox News about a Chinese American scientist who was the subject of a federal investigation.
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February 29, 2024
Pentagon Leak Suspect To Change Plea In Hearing Next Week
Federal prosecutors indicated Thursday that a former Massachusetts Air National Guardsman will change his not guilty plea to charges he posted hundreds of top-secret military intelligence documents online, asking a Massachusetts federal judge to schedule a change of plea hearing for next week.
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February 29, 2024
GSA's Chinese Cameras Better Off In Russia, House Rep. Quips
Members of the U.S. House of Representatives criticized the federal government's 2022 purchase of 150 Chinese cameras over national security concerns during a Thursday hearing, with one lawmaker calling to get rid of them and send them to Russia instead.
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February 29, 2024
Boeing To Pay $51M To End 199 Arms Export Violation Claims
The Boeing Co. will pay $51 million to resolve nearly 200 export violations that threatened U.S. national security when its foreign employees downloaded and transferred technical data in violation of the International Traffic in Arms Regulations, with $24 million to go toward compliance efforts, the U.S. Department of State announced Thursday.
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February 29, 2024
Ex-US Diplomat To Plead Guilty To Spying For Cuba
A diplomat who served on the National Security Council during the Clinton administration and as U.S. ambassador to Bolivia told a Florida federal judge Thursday that he intends to plead guilty to charges he secretly acted as an agent of the Cuban government for decades.
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February 29, 2024
Watchdog Says Labor Mismatch Dooms Fighter Planes Deal
The U.S. Government Accountability Office called for the termination of a contract to maintain the Marines' Osprey fighter planes, saying the U.S. General Services Administration hadn't shown that the awardee was pre-qualified to offer the required workers.
Expert Analysis
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Key Takeaways From Agencies' Tri-Seal Compliance Note
In light of a recent compliance note issued by three government agencies, private sector firms should weigh several important considerations in deciding whether to voluntarily self-disclose potential violations of sanctions, export controls and other national security laws, say attorneys at Schulte Roth.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Bid Protest Spotlight: Personnel Loss, Conflicts, Timeliness
In this month's bid protest roundup, Locke Bell at MoFo highlights recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, addressing an offeror's loss of key personnel, organizational conflicts of interest arising out of reliance on former government employees in preparing a bid, and protest timeliness when no debriefing is required.
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Opinion
OFAC Designation Prosecutions Are Constitutionally Suspect
Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags
While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.
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Opinion
Congress Needs Better Health Care Fraud Data From DOD
The U.S. Department of Defense does not collect enough data to prevent health care and service contractor fraud and waste, so Congress should enact benchmarks that the DOD must meet when gathering and reporting data, enabling lawmakers to make better-informed decisions about defense appropriations, says Jessica Lehman at Verizon.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Contract Disputes Recap: Nonmonetary Claims, Timeliness
Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.
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Aviation Watch: Osprey Aircraft May Face Tort Claims
A recent U.S. Marine Corps Command report found that the cause of a 2022 Osprey crash was a problem known to the manufacturer and the military for over 10 years — and the aircraft may now be on its way to a day of reckoning in the tort liability arena, says Alan Hoffman, a retired attorney and aviation expert.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
FinCEN Regs Must Recognize Int'l Whistleblower Realities
In drafting regulations to implement an anti-money laundering whistleblower program, the Financial Crimes Enforcement Network must follow the mandates laid out in the White House’s global anti-corruption strategy to protect and compensate whistleblowers in extreme danger worldwide, says Stephen Kohn at Kohn Kohn.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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FAA Drone Guidance Clears Air On Scope Of Authority
The Federal Aviation Administration's new guidance outlines robust federal preemption in aviation safety and airspace efficiency, including drones, while delineating roles for state and local governments, and this fact sheet will likely be a helpful resource for state and local lawmakers, industry, courts and others, say attorneys at Wiley.
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How US Investment Regulation May Shift Under Biden Order
Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.