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Aerospace & Defense
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March 06, 2024
SpaceX Hit With Employee's Sex Bias, Retaliation Claims
A SpaceX employee claims the astronautics company paid her less than male colleagues, slow-walked a promised promotion and retaliated against her when she reported her manager's sexual abuse, according to a lawsuit filed in California state court.
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March 06, 2024
Garland On AI Crime, And A Taylor Swift Tune For DOJ
U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.
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March 06, 2024
Ex-Google Software Engineer Stole AI Secrets, Feds Say
A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.
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March 06, 2024
Treasury Sanctions Ship Owners It Says Enable Houthi Attacks
The Department of Treasury says it's taking new action against Iranian commodity shipments, targeting ship owners in Hong Kong and the Marshall Islands with sanctions for moving Iranian goods that officials say help to fund Houthi attacks on container ships in the Red Sea and Gulf of Aden.
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March 06, 2024
DOJ Says Another Korean Co., Officer Behind Bid-Rig Scheme
A second South Korean company and its CEO allegedly defrauded the Pentagon in a scheme to rig bids and fix prices for subcontract work on U.S. military installations in South Korea, the U.S. Department of Justice announced Wednesday.
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March 06, 2024
Experts Urge 'Transformational' Change To DOD Budgeting
An expert panel urged the U.S. Department of Defense on Wednesday to make a "transformational change" to its budgeting and resource allocation processes, saying the DOD's current processes limit effective and timely responses to changing needs and technologies.
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March 06, 2024
Judge Rejects Equity Challenge To Virgin Orbit Ch. 11
A Delaware bankruptcy judge on Wednesday told Virgin Orbit LLC shareholders that she wouldn't retract confirmation of the satellite launch company's Chapter 11 liquidation plan, because Virgin Orbit appropriately sought approval even if the scheme left equity holders without hope of recoveries.
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March 06, 2024
Sidley Adds 11-Year Wiley Rein Leaders To DC Group
Sidley Austin LLP has hired two members of Wiley Rein LLP's leadership, one of whom joins to help co-lead its global arbitration, trade and advocacy practice, the firm announced Wednesday.
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March 06, 2024
L3Harris Deal For DE Shaw Board Seats Prompts Suit In Del.
An L3Harris Technologies Inc. stockholder has sued the aerospace and defense company in Delaware's Court of Chancery, challenging an agreement obliging it to recommend the election of two activist investor-backed board candidates.
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March 05, 2024
Claims Court Won't Block Radio Deliveries Bought Under Nixed Deal
The U.S. Court of Federal Claims refused to block the U.S. Navy from receiving radio management systems development work that was completed before it canceled the underlying contract, saying official actions after the contract's termination were outside its purview.
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March 05, 2024
'Secret Informant Love' Accused Of Divulging Classified Info
A retired U.S. Army officer arrested for allegedly divulging classified defense information on a dating website gave secret information on Russia's war against Ukraine to a woman who called him her "secret informant love," according to a newly unsealed indictment.
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March 05, 2024
Look At Settlement, Atty Tells 5th Circ. In Arguing For $1M Cut
The attorney representing a KBR Inc. whistleblower countered the federal government's assertion that his client should not benefit from a $13.7 million settlement stemming from kickback allegations, telling the Fifth Circuit on Tuesday to look at the deal's terms.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Amazon Workers Push For Class Status In Military Leave Suit
Current and former Amazon employees urged a Washington federal court to grant them class status in their lawsuit accusing the company of demoting or firing workers who took time off for military leave, saying the 15,000 members of the proposed class have plenty in common.
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March 05, 2024
Feds Say Sen. Menendez Knew 'Loans' Were Bribes
U.S. Sen. Robert Menendez and his wife were charged with obstruction of justice in a superseding indictment unsealed Tuesday in New York federal court, raising the stakes in the corruption trial facing the New Jersey Democrat.
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
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March 04, 2024
Camp Lejeune Plaintiffs Say Specific Illness Link Is Not Required
Litigants in the Camp Lejeune contaminated-water litigation on Sunday told a North Carolina federal court that Congress set a unique standard to show that their illnesses were caused by exposure to the water at the Marine base, given that it's been decades since some veterans were first exposed.
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March 04, 2024
Army Corps Says It Considered Dredged Waste Plan Correctly
The U.S. Army Corps of Engineers has urged an Illinois federal judge to reject environmental claims targeting dredged sediment it is storing on part of Lake Michigan's shoreline, arguing the Corps' "robust" public interest study proves its decision-making process followed all statutory and regulatory requirements.
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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.
Expert Analysis
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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Bid Protest Spotlight: Deference Limit, Close-At-Hand Doctrine
In this month's bid protest roundup, Roke Iko at MoFo examines a recent decision from the U.S. Court of Federal Claims about the parameters of agency deference, and one from the U.S. Government Accountability Office that highlights the risk to offerors of relying heavily on evaluators’ prior knowledge.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Justices' Cert. Denial Of Terrorism Suit Means For Banks
The U.S. Supreme Court's denial of certiorari in Freeman v. HSBC Holdings lets stand the Second Circuit's decision on the narrow scope of conspiracy liability under the Justice Against Sponsors of Terrorism Act, providing protection for banks that otherwise could have faced liability for finance activities with limited connections to third parties' unlawful acts, say attorneys at Sidley.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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EPA's Final PFAS Rule Greatly Expands Cos.' Reporting Duties
The U.S. Environmental Protection Agency's recently released final regulation requiring reporting by entities that have manufactured or imported products containing per- and polyfluoroalkyl substances will require considerable time and attention from affected companies — including many that have not previously faced such obligations, say Lawrence Culleen and Judah Prero at Arnold & Porter.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Unpacking OMB's Proposed Uniform Guidance Rewrite
Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Steps For Gov't Contractors On The OFCCP's Audit List
Federal contractors on the Office of Federal Contract Compliance Programs' most recent list of firms flagged for potential audit should take certain steps now in light of the agency’s new scheduling letter, which significantly increases the burden and potential risks for contractors, say Andrew Turnbull and Sadé Tidwell at MoFo.
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5 DOJ Enforcement Priorities To Note From Recent Remarks
Principal Associate Deputy Attorney General Marshall Miller’s recent speech provided a glimpse into the U.S. Department of Justice’s corporate criminal enforcement priorities — from national security concerns to mergers and acquisitions — with takeaways for companies’ compliance programs, say Joseph Jay and Jennifer Le at Sheppard Mullin.