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Aerospace & Defense
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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.
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February 29, 2024
Feds Want To Ask Trump Jurors If 2020 Election Was 'Stolen'
Florida federal prosecutors want to ask potential jurors in Donald Trump's classified documents case if they believe the 2020 election was "stolen" and if they hold opinions about how the FBI executed a highly publicized search warrant at his Mar-a-Lago resort.
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February 29, 2024
Defense Contractor Says Ex-Exec Took Sensitive Data To Rival
A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.
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February 28, 2024
Judge Blocks VA Support Deal Over 'Irrational' Conflict Ruling
The U.S. Court of Federal Claims has blocked the U.S. Department of Veterans Affairs from moving forward with a suicide-prevention support contract, finding that it unreasonably cut a bidder from contention based on subcontracting work on a similar deal.
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February 28, 2024
Textron, DJI End Texas Drone Patent Case After $279M Verdict
A Texas federal judge has signed off on a notice by Textron Innovations Inc. and Chinese aerospace company SZ DJI Technology Co. Ltd. that they've agreed to dismiss a case in which DJI was found to have infringed Textron's drone patents and told to pay $279 million last year — the fourth-largest patent damages award of 2023.
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February 28, 2024
Family's Suit Over Take-Home Asbestos Death Is Revived
A Texas appeals court has reinstated a man's suit against Howmet Aerospace Inc. alleging his wife died of asbestosis as a result of cleaning his asbestos-covered clothing for 25 years, saying the trial court was wrong to find that the man hadn't presented any evidence linking that exposure to her death.
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February 28, 2024
Halkbank Immunity Gambit Doesn't Appear To Sway 2nd Circ.
The Second Circuit did not appear keen Wednesday to dismiss criminal charges accusing Halkbank of laundering over $1 billion of Iran oil proceeds, after the U.S. Supreme Court directed arguments on the Turkish state-owned lender's assertion that common-law sovereign immunity protects it.
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February 28, 2024
Classified Docs Out Of Defense's Reach In Mar-A-Lago Case
The Florida federal judge overseeing former President Donald Trump's criminal case over allegedly mishandling secret documents after leaving office ruled Wednesday that defense counsel can't see government motions asking to restrict classified information produced in discovery, a day after Trump's two co-defendants were prohibited from reviewing 5,100 pages of classified material.
Expert Analysis
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Series
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Tornado Cash Saga Presents Thorny Issues For Fintechs
A recent Texas federal court ruling and a U.S. Department of Justice indictment concerning the cryptocurrency mixer service Tornado Cash raise novel and important issues regarding smart contracts that could complicate the development and nature of decentralized crypto projects, as well as the future of fintech business models, say attorneys at Venable.
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3 Action Items For Contractors Facing A Gov't Shutdown
Federal contractors can help ensure they are well situated to endure a potential government shutdown by reviewing project funding levels and contractual stop-work clauses, and communicating with contracting officers and subcontractors about their respective obligations, says Derek Mullins at Butzel Long.
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Bracing For Regulatory Delays As Shutdown Looms
As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks
To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How Attys Can Weather The Next Disaster Litigation Crisis
On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.
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Master Service Agreements Can Mitigate Manufacturing Risks
Terms and conditions of standard contracts between manufacturers and their suppliers may not cover the numerous geopolitical, legal and technical issues that can arise in the manufacturing process in 2023 — so a master service agreement covering everything from payment terms to dispute resolution can be an excellent alternative, says Bryan Rose at Stinson.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects
Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
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Not To Be Outpaced: How The 2024 NDAA Addresses China
Both the House and Senate versions of the 2024 National Defense Authorization Act include numerous provisions aimed at strengthening U.S. deterrence and competitive positioning vis-à-vis China, while imposing significantly more disruptive burdens on government contractors and their suppliers than in prior years, say attorneys at Covington.