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Aerospace & Defense
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April 08, 2024
Catching Up With Delaware's Chancery Court
Last week, a much-watched Chancery Court Match.com decision got reversed, a Philip Morris motion got stubbed out, and a long-frozen Blue Bell Creameries suit started churning again. Delaware's Court of Chancery also saw new suits filed for legal fees, arguments over multibillion-dollar pay packages, and a judge flummoxed over Truth Social.
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April 08, 2024
Greek Air Force Says $22M Contract Dispute Was Timely
Greece's Air Force has urged the Federal Circuit to revive its $21.7 million suit over faulty cameras purchased from a U.S. contractor, saying its claim accumulated later than the U.S. government had argued and was timely.
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April 08, 2024
Menendez Seeks To Block Info On Lifestyle, Political Donors
U.S. Sen. Robert Menendez is seeking to have evidence about his and his wife's lifestyle and spending habits and information about his campaign donors excluded from the bribery trial that the couple and two business associates are facing on May 6, according to court documents.
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April 05, 2024
Feds Say Bombing Survivors' Suit Is Outside Court's Authority
The Biden administration is again pushing to escape survivors' efforts to hold it accountable for U.S. allies' airstrikes in Yemen, telling a Washington, D.C., federal court it had no authority over the executive branch's foreign arms dealing.
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
Claims Court Says Leaked Contractor Info Didn't Help Rival
A U.S. Court of Federal Claims judge has rejected an aviation fuel services company's suit alleging that the Defense Logistics Agency wrongly failed to mitigate the inadvertent release of sensitive information to the Miami company's rival, saying the agency reasonably determined that the information wasn't competitively useful.
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April 05, 2024
Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work
Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses.
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April 05, 2024
Ex-Marine, Jan. 6 Rioter Gets 21 Months In Vax Card Scam
A former U.S. Marines reservist was sentenced Friday to 21 months in prison after pleading guilty to scheming to distribute fraudulent COVID-19 vaccine cards.
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April 05, 2024
Boeing Pays Alaska Airlines $160M For 737 Midair Blowout
The Boeing Co. has paid $160 million to Alaska Airlines for losses from the midair door plug blowout on a 737 MAX jet that horrified passengers, grounded planes and disrupted flights, according to a regulatory filing from the airline.
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April 05, 2024
Families Fight To Keep Military Chopper Crash Suit In US
The families of six Canadian military personnel killed in a helicopter crash off the coast of Greece are urging a Pennsylvania federal judge to keep their liability claims against the aircraft's maker in the United States, arguing that the company's bid to transfer the case to Canada is a stalling tactic.
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April 05, 2024
Fla. Men Admit To Illegally Sending Aircraft Parts To Russia
Two Florida residents pled guilty this week in Arizona to conspiracy to violate the Export Control Reform Act by illegally exporting controlled aviation technology to Russia.
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April 05, 2024
Justices Urged To Mull Hezbollah-Tied Bank's Immunity 'Now'
U.S. victims of terrorist attacks in Iraq warned the U.S. Supreme Court that forgoing review on whether a defunct Lebanese bank can claim sovereign immunity from allegations the bank funded Hezbollah would have negative implications on disputes involving foreign trade.
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April 05, 2024
Judicial Nominees On Schumer's Post-Recess To-Do List
Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.
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April 05, 2024
Ex-Acting Homeland Security GC Joins Nixon Peabody In DC
Nixon Peabody LLP has hired the former acting general counsel of the U.S. Department of Homeland Security, who joins the firm after working with the agency for more than two decades and through four presidential administrations.
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April 04, 2024
MoneyLion's Woes Draw Del. Suit Against SPAC Insiders
Investors have sued the sponsor of a blank-check company and several of its directors and controllers in Delaware's Chancery Court, accusing them of overvaluing a merger with digital finance platform MoneyLion, which was sued by the Consumer Financial Protection Bureau in 2022.
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April 04, 2024
Bank Trade Group Urges Regulators To Sanction Navy Federal
The president of the Independent Community Bankers of America has called on regulators to block Navy Federal Credit Union from using the term "community bank" to refer to military banking facilities it operates overseas, taking aim at the credit union with scathing accusations that it is "apparently insecure enough about [its] industry to pretend" it's a community bank.
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April 04, 2024
Stanford Lecturer Says Mideast War Talk Got Him Suspended
A Black Muslim Stanford University lecturer said the school refused to renew his contract after he discussed the Israel-Hamas war in class and had students take part in a profiling and policing simulation, despite him being cleared of wrongdoing.
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April 04, 2024
Smith & Wesson Scolded At 7th Circ. For Minimizing Victims
A Seventh Circuit judge on Thursday lambasted counsel for Smith & Wesson for stating "several" people were killed or wounded in the July Fourth shooting in Highland Park, Illinois, saying he was tempted to use up some of the company's allotted time by listing the names of all 55 victims.
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April 04, 2024
Huawei Slated For 2026 Sanctions, IP Theft Trial
A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
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April 04, 2024
Claims Court Backs Defense Health Agency $31M IT Deal Pick
A U.S. Court of Federal Claims judge denied an information technology contractor's protest of a $31 million IT deal the Defense Health Agency awarded to a competitor, saying he found nothing wrong with how the agency evaluated the contractors' proposals.
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April 04, 2024
BAE Stuck $8.2B Retirement Plan With Hefty Fees, Court Told
Aerospace and defense company BAE Systems breached federal benefits law by saddling its $8.2 billion retirement plan with excessive recordkeeping fees and causing participants' savings to plummet, a proposed class action filed in D.C. federal court said.
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April 04, 2024
Wireless Orgs Say DOD's 3 GHz Sharing Report Is 'Incomplete'
Wireless industry interests are calling for further study on commercial use of the 3 gigahertz band following the public release of a Department of Defense report claiming that a wide range of conditions would need to be met before the band could be opened up.
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April 04, 2024
Citibank Can't Force Arbitration In Fees Suit, Veterans Say
A proposed class of military members has told the Fourth Circuit that Citibank cannot force them to arbitrate claims the bank overcharged credit card fees, arguing federal laws on military-member lending negate arbitration agreements.
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April 04, 2024
GAO Says Navy Awardee Ineligible Due To Registration Lapse
The U.S. Government Accountability Office has backed a protest over a nearly $5 million Navy custodial services contract, saying the awardee's attempt to re-register in a federal contractor database ahead of expiry didn't excuse a breach of a continuous registration requirement.
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April 04, 2024
W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm
A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.
Expert Analysis
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Contracts Disputes Recap: Be Mindful Of Termination Clauses
Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Best Practices For Defense Tech Startup Financing
Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.