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Aerospace & Defense
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March 19, 2024
High Court Won't Moot Suit Over Rescinded No-Fly Listing
The U.S. Supreme Court ruled Tuesday that the federal government cannot moot a challenge to an individual's placement on the federal no-fly list by removing the person from the list, in the absence of a definite declaration that the government will not return them to the list in the future.
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March 18, 2024
Claims Court Won't Let Army Out Of Contract Breach Claims Yet
A U.S. Court of Federal Claims judge ruled that a clause in a U.S. Army training service deal allowed it to end a contractor's deal but said he couldn't yet rule on claims the Army breached the deal by not making full payments.
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March 18, 2024
GOP Rep. Calls For Crackdown On EV Threats From China
Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.
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March 18, 2024
Feds Call $45B Nuclear Deal Appeal Moot After New Award
The federal government pressed the Federal Circuit to dismiss a contractor's appeal over registration issues with a $45 billion nuclear waste cleanup contract, arguing Monday the appeal was moot following the U.S. Department of Energy's reissuance of the deal.
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March 18, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.
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March 18, 2024
Attorney For Sen. Menendez's Wife Conflicted, Feds Say
Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.
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March 18, 2024
4th Circ. Preview: Airport Mishap, Inmate Pay Launch March
The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.
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March 15, 2024
Dems Want New Missile Plan Axed If Military Can't Justify Cost
Sen. Elizabeth Warren, D-Mass., and Rep. John Garamendi, D-Calif., suggested the Air Force's new nuclear missile program should be shuttered after it exceeded its expected cost to taxpayers by $36 billion, unless it can justify its relevance to national security.
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March 15, 2024
Feds' PACER Gaffe Doesn't Mean A Sure Win For Magnet Co.
Federal prosecutors may suffer a setback in a case accusing a magnet manufacturer of sharing sensitive military data with China after accidentally publicizing the same information, but they may have an out under a regulation governing publishing in the public domain.
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March 15, 2024
Boeing Supplier Sued Over 737 Max Door Plug's Missing Bolts
A new lawsuit in Washington state court over a Boeing 737 blowout that endangered an Alaska Airlines flight takes aim at Spirit AeroSystems, the manufacturer of the door plug that ruptured from the fuselage, for allegedly not installing necessary bolts and fittings.
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March 15, 2024
Navy Fails To Block Appeal Over Terminated HVAC Task Order
A California construction contractor can go forward appealing the U.S. Navy's decision to terminate a heating, ventilation, and air conditioning task order after the Armed Services Board of Contract Appeals shot down the Navy's contention the appeals board lacked jurisdiction.
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March 15, 2024
Military Subcontractor Says Partner Tried To Poach Work
A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.
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March 15, 2024
Contractor's Single Claim For 2 Lost Trucks Enough, For Now
A contractor didn't need to separate the value of two trucks lost by the U.S. Army to get the military to pay for replacement vehicles, an appeals board said, rejecting the Army's arguments that the contractor should have filed two claims.
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March 14, 2024
Fox News Accused Of Lying About Ukrainian Reporter's Death
The parents of a Ukrainian journalist who died while reporting on Russia's invasion of her homeland sued Fox News on Thursday in New York state court, saying the network is trying to conceal its responsibility for the death of their daughter and shifting blame to a security adviser.
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March 14, 2024
3D-Gun Info Group Loses Suit Over Publishing Blueprints
The U.S. Court of Federal Claims tossed an open-source gun group's lawsuit alleging the federal government failed to follow a 2018 settlement allowing the group to publish firearm blueprints, rejecting the group's contention that dismissing a final claim would be unfair.
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March 14, 2024
Trump Can't Duck Classified Doc Charges Over Vagueness
The Florida federal judge overseeing the criminal prosecution of former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate denied his bid Thursday to toss the indictment based on the "unconstitutional vagueness" of the Espionage Act, opting instead to punt the issue to later in the case.
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March 14, 2024
Axon, Cities Fight Over Producing Material From FTC Case
Axon Enterprise is sparring with municipalities accusing the police equipment maker of monopolizing the Taser and body camera markets, with the local governments pushing for what Axon described as the "premature and improper" production of discovery from the Federal Trade Commission's since-abandoned case.
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March 14, 2024
Chancery Sends Drone-Maker's Claim To Sister Court
A Delaware vice chancellor handed off to a regular civil court Thursday remaining claims in drone-maker Teal Drones Inc.'s suit accusing a software supplier and its owner of wrongly pulling the plug on Teal's license for autonomous-flight programming, after tossing claims against the supplier itself.
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March 14, 2024
DOD Contractors Raise Double Jeopardy Issues With Retrial
Two defense contractors asked a New Mexico federal court to bar prosecutors' evidence purportedly relating to a charge of conspiring to win small business contracts, saying the evidence actually relates to fraud charges for which they were already acquitted.
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March 14, 2024
Bipartisan Senate Duo Releases 'Middle Ground' FISA Bill
A bipartisan pair of senators introduced what they deem a "compromise" bill on Thursday to reauthorize and reform the controversial warrantless foreign surveillance law ahead of the April deadline to renew it.
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March 14, 2024
Bechtel Missed Subcontractor Targets On Nuke Waste Project
Bechtel National Inc. failed its subcontracting obligations while building a federal nuclear waste plant at the Hanford site in Washington state, lapses that cost businesses up to $700 million in missed opportunities, according to a watchdog agency report released Thursday.
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March 14, 2024
Army Camp Beats Worker's Claim Over Bullying Commandant
An employment tribunal in Liverpool has tossed a claim by a former U.K. armed forces training camp employee that he was forced to quit because the camp botched a probe into repeated bullying by the camp commandant.
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March 14, 2024
Sen. Menendez Loses Bid To Nix Corruption Charges
A New York federal judge on Thursday rejected U.S. Sen. Robert Menendez's bid to dismiss his bribery case, ruling none of the government's allegations target actions that could be considered protected activity under the U.S. Constitution.
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March 14, 2024
Mnuchin Says He's Forming Investor Group To Buy TikTok
Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.
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March 14, 2024
In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit
Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.
Expert Analysis
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Self-Disclosure Lessons From Exemplary Corp. Resolutions
With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Bid Protest Spotlight: Unfair Advantage, Buy American Waiver
In this month's bid protest roundup, James Tucker at MoFo offers takeaways on one decision that considers unfair proposal development advantages in the context of an employee's access to nonpublic information in a prior federal government position, and another decision that reconsiders a contract award based on an inadequately supported waiver of Buy American Act restrictions.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Opinion
Russia Ruling Should Lead UK To Review Sanctions Policy
The High Court's recent dismissal of the first-ever court challenge to Russian sanctions in Shvidler v. Secretary of State sets a demanding standard for overturning designation decisions, highlighting the need for an independent review of the Russia sanctions regime, says Helen Taylor at Spotlight on Corruption.
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Schumer Framework May Forge US Model On AI Governance
Senate Majority Leader Chuck Schumer's proposed SAFE Innovation Framework may have the potential to generate thoughtful understanding and governance of artificial intelligence within a meaningful time frame, say Alan Charles Raul and Rimsha Syeda at Sidley.
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Covington Ruling Strengthens SEC's Enforcement Powers
A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.
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The Self-Disclosure Calculus After Tri-Seal Compliance Note
With the recent note from three government agencies emphasizing the incentives for voluntarily self-disclosing potential violations of sanctions, export control and other national security laws, companies’ risk-based analyses of whether to disclose even minor, technical offenses may shift, say attorneys at Akin.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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The Pros And Cons Of The Senate's DOD Data Rights Plan
The Senate's latest defense spending bill stands to benefit big business by clarifying that the government should not automatically obtain unlimited rights in certain contractor data, but the reduction of other protections elsewhere may put small businesses at risk, say Tyler Evans and Anna Menzel at Steptoe & Johnson.
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SBA 8(a) Contractors Must Prepare To Reestablish Eligibility
A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Gov't Contract Billing Lessons From Booz Allen Settlement
Allegations that contractor Booz Allen spent a decade improperly billing indirect costs to the government, recently highlighted in a $377 million settlement, offer pointed lessons for businesses on how to address False Claims Act concerns, and for federal investigators on how to identify highly technical accounting discrepancies in real time, says Denise Barnes at Honigman.
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Key Takeaways From Agencies' Tri-Seal Compliance Note
In light of a recent compliance note issued by three government agencies, private sector firms should weigh several important considerations in deciding whether to voluntarily self-disclose potential violations of sanctions, export controls and other national security laws, say attorneys at Schulte Roth.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.