Aerospace & Defense

  • March 21, 2024

    Army's Rush For New Strykers Backfired, GAO Says

    The U.S. Army introduced risks to a program meant to increase the lethality of Stryker combat vehicles by ordering more than 260 upgraded vehicles without first reviewing whether the contractor was ready to produce them, a federal watchdog has reported.

  • March 21, 2024

    VA May Have Acted In Bad Faith On $30M Debt Collection Deal

    The U.S. Civilian Board of Contract Appeals refused to toss a $29.6 million appeal accusing the U.S. Department of Veterans Affairs of hampering a contractor's efforts to collect funds from outside insurers, saying the VA may have acted in bad faith.

  • March 21, 2024

    Wells Fargo Overcharged Military Members, Suit Says

    Wells Fargo was hit with a potential class action Wednesday alleging that the bank violated federal law and broke a program's promises by overcharging active duty military members in fees and interest while trying to hide the indiscretion.

  • March 21, 2024

    Sens. Want Spectrum Pipeline, But Worry Over Nat'l Security

    Lawmakers warned Thursday that the U.S. could lose its global leadership role in telecommunications technology by delaying plans to auction more spectrum for commercial use, but said they must first deal with the national security concerns posed by shared use of the airwaves with defense users.

  • March 21, 2024

    Sen. Menendez's Wife Keeps Attys After Feds Allege Conflict

    Nadine Menendez, the wife of New Jersey's U.S. Sen. Robert Menendez, told a Manhattan federal judge Thursday that she will stick with her Schertler Onorato Mead & Sears LLP lawyers ahead of their corruption trial after prosecutors alleged an ethical conflict.

  • March 21, 2024

    Plan Admin. Escapes Ex-Aerospace Execs' Death Benefits Suit

    A third-party administrator isn't liable for misrepresentation and negligence claims from former aerospace company executives over death benefits, a Pennsylvania federal judge has ruled, saying the administrator isn't to blame for the plaintiffs' lack of understanding about the termination of a deferred compensation plan.

  • March 20, 2024

    Journalist Can Sue UAE Over Alleged Hacking, Court Says

    A court has given a British journalist the green light to sue the United Arab Emirates over its alleged use of spyware to infiltrate her mobile phone, in the first U.K. case of its kind, lawyers for the reporter said on Wednesday.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Senators Want More Scrutiny For Defense M&A Deals

    Two U.S. senators are calling on the Pentagon to shift the way it reviews defense industry mergers and dedicate more staff to the task, saying that contractor consolidation is jeopardizing national security and diminishing returns for taxpayer dollars.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Contractor Can't Refute GSA Audit Power, Gov't Tells DC Circ.

    The federal government urged the D.C. Circuit to uphold a lower court ruling that the General Services Administration had the authority to audit a Crowley Government Services Inc. military transportation contract, saying the ruling leaned on a clear interpretation of an underlying statute.

  • March 19, 2024

    NLRB Tells 5th Circ. To Deny SpaceX's Transfer Review Bid

    SpaceX's request that the Fifth Circuit rehear a venue dispute between federal courts in Texas and California isn't justified, the National Labor Relations Board argued, saying the rocket company's challenge to the agency's constitutionality lacks significant ties to Texas.

  • March 19, 2024

    Don't Impose Foreign Ownership Regs On ISPs, FCC Told

    As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.

  • March 19, 2024

    5th Circ. Won't Rehear Ex-Raytheon Worker's Firing Suit

    The Fifth Circuit on Tuesday refused to rehear an engineer's claims that he was fired by Raytheon for flagging issues with a defense system, keeping intact its ruling that national security concerns barred the retaliation case.

  • March 19, 2024

    Immunity Ruling Doesn't Apply To CACI, Iraqi Ex-Detainees Say

    Former detainees at Iraq's Abu Ghraib prison fought to preserve their claims against a Virginia-based defense contractor they claim is complicit in their torture, saying the company's reliance on a U.S. Supreme Court ruling to establish immunity lacks merit.

  • March 19, 2024

    Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal

    Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    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.

  • Contracts Disputes Recap: Be Mindful Of Termination Clauses

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    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.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    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.

  • Best Practices For Defense Tech Startup Financing

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    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.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    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.

  • Looking For Defense Contract Appeal Trends In Annual Report

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    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.

  • A Closer Look At The Sen. Menendez Indictment

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    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.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    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.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    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.

  • Series

    ESG Around The World: South Korea

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    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.

  • SolarWinds Ushers In New Era Of SEC Cyber Enforcement

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    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.

  • Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny

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    In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • Del. Dispatch: Refining M&A Terms After Twitter Investor Suit

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    The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.

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