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Aerospace & Defense
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March 12, 2024
4th Circ. Revives Navy Surgery Wrongful Death Claims
The Fourth Circuit on Tuesday reversed an order dismissing claims from the estate of a woman who died after an allegedly botched surgery at a Navy hospital, saying the trial court was wrong to conclude that Navy regulations for implementing Federal Tort Claims Act procedures created jurisdictional requirements beyond what the FTCA's text includes.
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March 12, 2024
GE Aerospace Plans $650M Manufacturing Investment
GE Aerospace said Tuesday it plans to invest $650 million into its manufacturing facilities and supply chain this year to bolster support for its commercial and defense customers.
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March 11, 2024
Biden Calls For More Cybersecurity Funding Across Agencies
The Biden administration on Monday pushed Congress to make significant monetary investments in efforts to bolster the federal government's cybersecurity posture, including by earmarking $13 billion to support initiatives across civilian agencies and devoting additional funding to help the U.S. Department of Health and Human Services combat a growing scourge of cyberattacks on healthcare providers.
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March 11, 2024
DOD's $850B Budget Request For 2025 Prioritizes Readiness
The White House on Monday proposed an $849.8 billion discretionary budget for the U.S. Department of Defense for fiscal year 2025, focusing heavily on supporting readiness programs over other priorities.
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March 11, 2024
Senate Could Be Hurdle To House Plan For TikTok Limits
A bill to clamp down on TikTok that was unanimously approved by a House committee is expected to come to the House floor this week, but its fate in the U.S. Senate looks dicier.
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March 11, 2024
DOD Expands Contractor Cybersecurity Info Sharing Program
The U.S. Department of Defense on Monday finalized a rule revising the criteria for defense contractors to participate in a voluntary program for sharing information on cybersecurity threats among themselves, saying it expects to attract thousands of new participants.
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March 11, 2024
Magnet Co. Says Feds' Leak On PACER Bars ITAR Charges
A rare-earth magnets manufacturer and executives facing an April criminal conspiracy trial asked a Kentucky federal judge Monday to trim charges that they violated the International Traffic in Arms Regulations by sending sensitive technical data to a Chinese company, arguing that prosecutors recently disclosed the allegedly sensitive materials in court filings.
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March 11, 2024
Menendez Must Face May 6 Trial Despite Likely Appeal
A Manhattan federal judge on Monday refused to push back U.S. Sen. Robert Menendez's May 6 corruption trial after the New Jersey Democrat and his wife pled not guilty to newly added obstruction of justice charges.
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March 11, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.
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March 08, 2024
Biden Administration Must Use Border Wall Funds, For Now
A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.
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March 08, 2024
Feds Slam Trump's Immunity Bid In Classified Docs Case
The Special Counsel's Office has taken aim at former President Donald Trump's various attempts to dodge criminal allegations in Florida that he mishandled classified documents, in particular criticizing his "frivolous" presidential immunity argument as nothing more than a delay tactic.
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March 08, 2024
Trump 'An Existential Threat' To Rule Of Law, Attys Warn
Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.
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March 08, 2024
Judge Sweeps Aside 9 Protests To CBP's $900M Support Deals
The federal claims court cleared U.S. Customs and Border Protection's decision to deny nine bidders spots on $900 million support deals, finding reasonable the agency's assessment that their past work wasn't similar enough to the requested artificial intelligence development services.
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March 08, 2024
DOJ Eyes FCPA For New Whistleblower Rewards Program
U.S. Department of Justice officials on Friday signaled a renewed emphasis on fighting foreign corruption, saying its planned whistleblower rewards program should prove useful in Foreign Corrupt Practices Act cases against private companies, and warned companies against running afoul of new rules barring the sale of personal data to foreign adversaries of the U.S.
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March 08, 2024
Fed. Circ. Argues Judge Newman's Ethics Law Challenge Fails
A D.C. federal judge must reject suspended U.S. Circuit Judge Pauline Newman's challenge to the Judicial Conduct and Disability Act, as her constitutional arguments are too limited, the Federal Circuit Judicial Council said Friday.
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March 08, 2024
Aircraft Parts Co. AeroCision Begins Ch. 11 Liquidation
AeroCision, a troubled supplier of airplane components, has informed Delaware's bankruptcy court its Chapter 11 liquidation plan has gone into effect, distributing remaining assets of the business after it went on the auction block late last year.
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March 08, 2024
CFIUS Rules May Need Review Amid 'Exponential' Growth
Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday.
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March 08, 2024
Big Shift Unlikely In Cybersecurity Regs, Despite Concerns
The U.S. Department of Defense is unlikely to significantly alter its cybersecurity proposals for contractors, despite calls from its private industry base for more flexibility and clarity.
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March 07, 2024
Judges Say Facing Threats And Vitriol Now Part Of The Job
Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.
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March 07, 2024
11th Circ. Urged To Restore Qui Tam Over Small Biz Contracts
The U.S. Department of Justice argued Thursday in support of reinstating a qui tam lawsuit against two companies that gained control of a small Florida construction business, telling the Eleventh Circuit that they were not qualified for a government program that awards contracts to firms owned by socially and economically disadvantaged individuals.
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March 07, 2024
Shipbuilder Says Navy Ended Deal in Bad Faith, Seeks $150M
A Louisiana shipbuilder accused the U.S. Navy of doing everything it could to thwart the company's success on a craft-building deal, telling a Court of Federal Claims judge it deserved at least $150 million for the Navy's alleged bad faith.
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March 07, 2024
US Soldier Charged With Selling Military Secrets To China
A U.S. Army intelligence analyst with the rank of sergeant sold an array of sensitive and classified military secrets to China in exchange for $42,000, according to a Tennessee grand jury indictment unsealed on Thursday.
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March 07, 2024
Claims Court Backs VA Redo Of Eyewear Deal Over Errors
A Court of Federal Claims judge tossed an eyewear manufacturer's bid to be reinstated to a U.S. Department of Veterans Affairs optometry deal, saying the VA was allowed to cancel the award in light of calculation errors the agency made.
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March 07, 2024
DOI, Tribe Want More Time To Solve Truckee River Water Row
A Nevada federal judge has agreed to keep a Pyramid Lake Paiute Tribe suit over Truckee River water diversions on hold for six more months as the tribe and the U.S. Department of the Interior work to resolve their dispute.
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March 07, 2024
Investor Sues In Del. Over Space Co.'s Lockheed Bid Block
The board members of satellite maker Terran Orbital Corp. are protecting their power and infringing on shareholders' rights by adopting "an unreasonable and overbroad poison pill" in response to Lockheed Martin Corp.'s recent $606 million takeover attempt, a stockholder alleges in a new Delaware Chancery Court complaint.
Expert Analysis
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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What Can Be Learned From 3M's Iran Sanctions Settlement
3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Suspension And Debarment: FY 2023 By The Numbers
A comparative analysis of System for Award Management data, culminating with fiscal year 2023, reveals a year-over-year drop in annual suspension and debarment numbers so significant as to leave the government contracting community trying to figure out what is happening, says David Robbins at Jenner & Block.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Best Practices For Cos. Navigating US-China Investigations
Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Contracts Disputes Recap: Expect Strict Application Of Rules
Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.
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Unpacking The FAR Council's Cybersecurity Rules Proposal
New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A
Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.
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What To Watch As The FCC Leans Into National Security
Information and communications technology and services operators and investors should keep a close eye on the Federal Communications Commission's increasing activity in national security matters, which could slow transactions and subject providers to additional oversight, say David Plotinsky and Patricia Cave at Morgan Lewis.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.