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Aerospace & Defense
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October 23, 2024
DOD Could Exclude Generator Deal Bidder Over Conflict
The U.S. Government Accountability Office has backed the Defense Logistics Agency excluding a company from a solicitation for deployment of disaster relief generators, saying the DLA reasonably found conflicts of interest involving the company's work on a related contract.
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October 23, 2024
Southwest Union Wants 2nd Look At Colo. Sick Leave Deal
A Transport Workers Union affiliate urged a Colorado court to rethink its recent decision dismissing the union's claims against the state challenging a settlement with Southwest Airlines over a sick leave law, arguing the judge wrongly analyzed the statute's exemption for workers covered by a labor contract.
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October 23, 2024
Navarro Seeks Justices' Review Of Presidential Records Ruling
Former Trump administration adviser Peter Navarro has asked the U.S. Supreme Court to review a circuit court's ruling that the federal government can use the Presidential Records Act to force Navarro to hand over emails from his tenure at the White House.
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October 23, 2024
Penn State To Pay $1.25M To Resolve FCA Cybersecurity Suit
Pennsylvania State University will pay $1.25 million to settle a False Claims Act suit accusing it of failing to comply with cybersecurity requirements for defense and NASA contracts, the U.S. Department of Justice announced.
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October 22, 2024
Ga. Tech Says No Basis For Feds' Cybersecurity FCA Suit
The Georgia Institute of Technology has urged a Georgia federal judge to toss a False Claims Act suit accusing the university of knowingly failing to comply with U.S. Department of Defense cybersecurity standards, saying those rules didn't apply to its research contracts.
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October 22, 2024
Ohio Pension Funds Say Boeing Puts Profits Over Safety
Two Ohio pension funds joined a Virginia federal lawsuit accusing Boeing executives and board members of putting profits over safety and regulatory compliance, causing a series of catastrophes and losing millions of dollars for investors, the Ohio Attorney General's Office said Tuesday.
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October 22, 2024
No Bad Faith Found In Early Termination Of Air Force IT Deal
An Armed Services Board of Contract Appeals judge has ruled that the U.S. Air Force's decision to terminate an information technology contract early was not made in bad faith, rejecting the contractor's bid for $630,000 in lost profits.
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October 22, 2024
Halkbank Not Immune In Sanctions Case, 2nd Circ. Says
The Second Circuit ruled Tuesday that Turkish state-owned bank Halkbank doesn't have common-law foreign sovereign immunity from charges that it laundered about $1 billion in sanctioned Iranian oil proceeds if the U.S. government's executive branch says it doesn't.
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October 22, 2024
Neb. Tribe Appeals Ruling To 4th Circ. In Army Burial Row
A Nebraska tribe will ask the Fourth Circuit to overturn a lower court's decision that determined that the U.S. Army isn't required to repatriate the remains of two Indigenous children from an Indian Boarding School cemetery in Pennsylvania, arguing that the ruling is an affront to tribal sovereignty.
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October 22, 2024
EchoStar Blasts SpaceX 12 GHz Study As 'Deeply Flawed'
Dish owner EchoStar hit back at SpaceX in a new filing with the Federal Communications Commission last week, calling a SpaceX study claiming that Dish's proposed fixed 5G service in the 12 gigahertz band would interfere with existing satellite broadband and broadcast service "deeply flawed" and based on "imaginary interference."
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 21, 2024
SpaceX Firing Suit Belongs In State Court, Ex-Workers Say
Terminated SpaceX employees on Monday urged a California federal judge to remand their hostile work environment and retaliation case to state court due to lack of diversity jurisdiction, arguing that when they first sued, SpaceX's principal place of business was Hawthorne, California, not Starbase, Texas, where the company later moved.
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October 21, 2024
Gov't Seeks To End Most Presumptive 'Buy American' Waivers
The White House said Monday the Federal Acquisition Regulatory Council will remove most items from its list of presumptive exemptions to the "Buy American" requirements for federal acquisitions, including crude oil, furthering the Biden administration's efforts to boost domestic manufacturing.
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October 21, 2024
3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court
3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.
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October 21, 2024
Boeing Machinists To Vote On New Tentative Wage Deal
Approximately 33,000 Boeing employees represented by the International Association of Machinists and Aerospace Workers will vote Wednesday on a tentative new labor contract that includes a 35% wage increase over four years, potentially ending a more than monthlong strike that hampered Boeing's production and cash flow.
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October 21, 2024
Mike Pence Supports US Steel-Nippon, Calls Critiques 'Bogus'
Former Vice President Mike Pence has come out in support of Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, stating that Nippon will inject essential funding into the ailing Pennsylvania-based steelmaker while helping to fend off China and Russia's growing levels of global steel production.
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October 21, 2024
DJI Challenges DOD's Chinese Military Co. Designation
Drone manufacturer DJI has challenged its listing as a Chinese military company in D.C. federal court, saying the U.S. Department of Defense's designation was supported by "scattershot" reasoning and has harmed the company's finances and reputation.
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October 21, 2024
Justices Turn Away Ex-Raytheon Workers' Vaccine Bias Suit
The U.S. Supreme Court declined Monday to review the dismissal of a lawsuit alleging Raytheon Technologies Corp. harassed and forced out employees who received religious exemptions from its COVID-19 vaccine policy, despite workers' assertion that the Ninth Circuit applied erroneously narrow standards.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Ex-GOP Candidate Says Air Force's Doc Release Damaged Her
Former Republican congressional candidate Jennifer-Ruth Green has urged a District of Columbia federal judge to deny the U.S. Air Force's bid to throw out her lawsuit accusing it of illegally disclosing her confidential military records, saying she has the right to sue under the Privacy Act.
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October 18, 2024
Spirit AeroSystems Furloughs 700 As Boeing Strike Endures
Boeing Co. supplier Spirit AeroSystems Inc. said Friday that it will furlough 700 employees for three weeks to save costs as Boeing's production lines have ground to a halt amid a prolonged labor standoff with the International Association of Machinists and Aerospace Workers.
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October 18, 2024
Chinese National Admits To Smuggling Semiconductor Tech
A Chinese national has pled guilty in California federal court to illegally exporting U.S. semiconductor technology to a blacklisted Chinese company, according to an announcement from the U.S. Department of Justice.
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October 18, 2024
Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit
3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.
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October 18, 2024
Commerce Dept. Eases Spacecraft Export Controls For Allies
The U.S. Department of Commerce has issued a trio of rules intended to loosen controls on exports of spacecraft technology to U.S. allies, a move the department said was intended to help boost the U.S. commercial space industrial base.
Expert Analysis
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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IP Concerns For Manufacturing Semiconductors In Low Orbit
With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.
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$200M RTX Deal Underscores Need For M&A Due Diligence
RTX's settlement with regulators for violating defense export regulations offers valuable compliance lessons, showcasing the perils of insufficient due diligence during mergers and acquisitions transactions along with the need to ensure remediation measures are fully implemented following noncompliance, say Thad McBride and Faith Dibble at Bass Berry.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Navigating Restrictions Following Biotech Bill House Passage
Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.