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Aerospace & Defense
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February 02, 2024
US Chamber Calls SEC SolarWinds Suit An FCPA 'Power Grab'
The U.S. Chamber of Commerce on Friday urged a New York federal court to ax the U.S. Securities and Exchange Commission's suit against software provider SolarWinds Corp., saying the agency is using a provision of the Foreign Corrupt Practices Act as a power grab for broader corporate policing authority.
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February 02, 2024
Feds Charge 9 With Trafficking Sanctioned Iranian Oil
Nine foreign nationals have been charged with running an oil trafficking network to sell sanctioned fuel that helped finance the Iranian Islamic Revolutionary Guard Corps, which the U.S. government considers a terrorist organization, the Department of Justice said Friday.
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February 02, 2024
ACLU Atty On How To Protect Civil Liberties In The AI Era
Because artificial intelligence and algorithmic systems often operate in the shadows, there's a new need for legislation, regulation and enforcement to ensure the technology doesn't undercut civil liberties by engaging in discrimination in housing, education or employment, according to Cody Venzke, senior policy counsel for the American Civil Liberties Union.
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February 02, 2024
Coast Guard Owes $35M For 'Kidnapping,' Fishermen Say
Two fishermen claim they were kidnapped for 10 days at sea by the U.S. Coast Guard, forced to watch as the Coast Guard destroyed their ship, and then were imprisoned for six years on drug trafficking charges that were ultimately dismissed, according to a New Jersey federal lawsuit seeking more than $35 million in damages.
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February 02, 2024
Dems Ask GAO To Review Tuberville's Military Hold
A pair of top House Democrats asked the U.S. Government Accountability Office on Friday to review the impact of the "unprecedented" hold on over 400 military nominations and promotions by Sen. Tommy Tuberville, R-Ala.
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February 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Dentons sued by a former high-profile partner in Saudi Arabia, Jaguar Land Rover rev its engine in the intellectual property court against automotive company HaynesPro, and the Russian National Reinsurance Company tackle a settlement with BOC Aviation over stranded aircraft. Here, Law360 looks at these and other new claims in the U.K.
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February 02, 2024
Supreme Court Lets West Point Consider Race For Now
The U.S. Military Academy at West Point can continue considering the race and ethnicity of applicants in its admissions decisions, the U.S. Supreme Court ruled Friday, leaving in place a policy the military claims helps its forces prepare for war while Students For Fair Admissions Inc. challenges it in court.
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February 02, 2024
Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago
Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.
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February 02, 2024
NLRB Constitutionality Fight Must Stay In Texas, SpaceX Says
A constitutional challenge to the National Labor Relations Board's structure shouldn't head to a California district court, SpaceX contended, saying the case must proceed in Texas because fired workers in the dispute "caused substantial disruption" to the company in that state.
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February 01, 2024
Binance Enabled Hamas Fundraising, Oct. 7 Survivors Say
A mother and daughter taken by Hamas during the Oct. 7 attack in Israel as well as the family of two victims sued crypto-exchange Binance for allegedly allowing Hamas-linked accounts to transact on its platform and hiding that activity from U.S. regulators.
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February 01, 2024
GAO Nixes Protests To Army's Costly Pick For $549M Deal
The U.S. Government Accountability Office freed the U.S. Army Materiel Command from claims it unreasonably snubbed two contractors for an installation support deal in favor of a company with a more expensive bid, saying the command justified the price differential.
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February 01, 2024
EPA Floats New PFAS Rules For Hazardous Waste
The U.S. Environmental Protection Agency on Thursday proposed two rules that would clear the way for extensive new regulation of per- and polyfluoroalkyl substances.
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February 01, 2024
Kirkland Under Chancery Fire In Space Biz Merger Suit
Scant disclosures from Kirkland & Ellis LLP about its partners' potential financial stake in a $1.2 billion deal the firm was advising drew sharp scrutiny from Delaware's Court of Chancery at a hearing in Wilmington on Thursday.
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February 01, 2024
Chinese Nationals Charged With Smuggling US Tech To Iran
The United States government has charged four Chinese nationals in Washington, D.C., federal court with unlawfully smuggling technology to entities in Iran that manufacture military products, the U.S. Department of Justice said in a statement Wednesday.
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February 01, 2024
Gov. Study Shows Higher Cancer Rates On Camp Lejeune
Military and civilian workers at Camp Lejeune in North Carolina were 20% more likely to be diagnosed with a variety of cancers compared to those on a base with uncontaminated water, according to a government study officially published a month after people suing the government urged for its release.
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February 01, 2024
Oil Price Cap Coalition Outlines Top Evasion Tactics
The countries behind the Russian oil price cap, or OPC, issued new guidance Thursday outlining the primary tactics used to evade the $60 per barrel limit, including the increasing use of byzantine corporate structures to hide prohibited transactions.
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February 01, 2024
Texas County Can't Escape Suit Over SpaceX Beach Closures
A state appellate court ruled Thursday that several governmental entities can't escape an environmental group's challenge to the closure of a southern Texas beach for SpaceX activities, finding immunity is waived because the groups are challenging the validity of a state statute.
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February 01, 2024
How Will AI Impact The Environment? Dems Want To Find Out
As attempts to integrate artificial intelligence into products and processes speed up, Congress wants a close look at how the technology's electricity use, water needs and waste consequences are affecting the environment.
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February 01, 2024
Biden Admin. Sanctions Israeli Settlers In West Bank
President Joe Biden signed an executive order on Thursday imposing financial and visa restrictions on "extremist" actors in the West Bank, with the first round of sanctions being levied against four Israeli settlers found to have assaulted Palestinian civilians and Israeli activists.
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February 01, 2024
Worker Says Helicopter Co. Fired Her For Remote Work Ask
A helicopter manufacturer refused to allow an employee who suffers from anxiety to continue working from home after the company brought workers back to the office in October 2020, then fired her when she refused to resign, according to a lawsuit filed Thursday in Pennsylvania federal court.
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February 01, 2024
Ex-CIA Coder Who Sent Secrets To WikiLeaks Gets 40 Years
Joshua Schulte, a former CIA programmer convicted of leaking classified material to WikiLeaks and of child pornography charges, was sentenced to 40 years in prison Thursday by a Manhattan federal judge, who declined prosecutors' request to put the Texas computer expert away for life.
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February 01, 2024
Michigan Co. To Pay $5M To Resolve Army Overcharge Claims
A Michigan company will pay $5 million to the U.S. government to resolve a former employee's whistleblower claims it overstated pricing data for subcontractor work in a deal to manufacture armored vehicle upgrades for the U.S. Army, federal prosecutors announced.
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January 31, 2024
NASA's Pricey Pick For $60M Deal Was 'Rational,' Judge Says
The U.S. Court of Federal Claims backed a $60.3 million NASA deal for technical workforce education and training, finding that the agency rationally assessed each company's proposal and reasonably decided that a protester's cheaper bid wasn't worth its risks.
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January 31, 2024
Worker Claims Boeing Owed Duty To Future Children
A family suing Boeing in Washington state court for allegedly using factory chemicals that induced birth defects is arguing that the aerospace giant owed a duty of care to the employee's child because it knew about the risk of reproductive harm for decades before the employee became a father.
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January 31, 2024
5th Circ. Backs Lockheed's Win In Black Ex-Worker's Bias Suit
The Fifth Circuit declined Wednesday to reinstate a Black former employee's lawsuit accusing Lockheed Martin of demoting her after she complained to human resources about colleagues' race-based comments, saying her claims failed to rise to the level of severity that federal discrimination law requires.
Expert Analysis
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Joint Ventures Given More Edge In Set-Aside Contract Awards
The recent Court of Federal Claims decision in SH Synergy prompted the General Services Administration to remold proposal evaluation schemes to favor mentor-protégé joint ventures, a business structure that has taken over the world of set-aside governmentwide acquisition contracts, say Roger Abbott and Stephen Ramaley at Miles & Stockbridge.
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Defense Counsel Sentencing Lessons From Holmes Case
The recent imprisonment of Theranos founder Elizabeth Holmes highlights fundamental but sometimes overlooked sentencing practice points for white collar defense attorneys, from instilling a sense of narrative urgency in court submissions to researching potential prison facilities, says Jack Sharman at Lightfoot Franklin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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EU Sustainability Initiatives Will Affect Emissions Trading
The measures recently adopted by the EU in its "Fit for 55" legislative package to revise its emissions trading system and establish a carbon border adjustment mechanism have far-reaching implications for companies needing to implement changes to offset the potential effects of their business operations, say Melanie Bruneau, Giovanni Campi and Annette Mutschler-Siebert at K&L Gates.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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FARA Advisory Opinions Raise Questions For Digital Media
The U.S. Department of Justice's latest advisory opinions on the Foreign Agents Registration Act indicate that the broad geographic reach of the internet and digital media could bring a wide variety of activities within the scope of FARA, but lawyers are left to try to discern nuggets of guidance from these heavily redacted letters, say attorneys at Covington.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Perspectives
Service Members Should Have Right To Unanimous Verdicts
As several recent cases exemplify, service members can be convicted of crimes by nonunanimous juries in military courts and cannot appeal such verdicts, despite Supreme Court precedent from recent years — a glaring constitutional error that Congress should rectify expeditiously, says Kevin Carroll at Hughes Hubbard.
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DC Circ.'s Perchlorate Ruling Means Regulatory Restart
The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Halkbank Ruling Gives Gov't Leverage But Erodes Comity
The U.S. Supreme Court’s recent decision in Halkbank v. U.S., denying the Turkish state-owned bank immunity from prosecution, erodes the historic principle of comity in favor of imposing domestic law on foreign states, and could potentially usher in an era of mutually assured litigation between world powers, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Tips For Obtaining Removal From OFAC's Sanctions List
To obtain interim relief or removal from the Office of Foreign Assets Control's specially designated nationals list, sanctioned individuals or entities must determine why they were designated and seek relief from OFAC, while demonstrating transparency and a willingness to remediate conduct, says Robert Seiden at Seiden Law.
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SuperValu's Lesson: Always Be Building An FCA Defense
The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.