Aerospace & Defense

  • September 19, 2014

    Sequester In 2016 ‘Breaking Point’ For Army, Chief Says

    A return to sequester funding levels in fiscal year 2016 would push the U.S. Army to “breaking point,” Army Chief of Staff Gen. Raymond Odierno said Friday, urging lawmakers who have expressed concerns about Army troop reductions to address the issue.

  • September 19, 2014

    DOD Unveils Third Round Of 'Better Buying Power' Reforms

    The Defense Department previewed the third phase of its “Better Buying Power” initiative Friday, outlining a plan to reduce acquisition costs, boost innovation and cut some of the bloat from the Pentagon's decision-making process.

  • September 19, 2014

    9th. Circ. Strikes Calif.'s Boeing Site Cleanup Law

    The Ninth Circuit said on Friday that a bill requiring Boeing to clean up a toxic site to a farming-safe level was too stringent under the doctrine of intergovernmental immunity, and that California overextended its authority by requiring more within a government site than was generally required in the rest of the state.

  • September 19, 2014

    Cos. Liable Under TCPA For 3rd-Party Texts, 9th Circ. Rules

    Companies that hire third parties to send unsolicited text messages can be liable for Telephone Consumer Privacy Act violations, the Ninth Circuit held Friday in a published opinion reviving a proposed class action that blamed U.S. Navy contractor Campbell-Ewald Co. for recruitment messages cellphone users received.

  • September 19, 2014

    Navy, USDA, DOE Back Refineries For Military Biofuels

    The U.S. Departments of Energy, Agriculture and Navy said Friday that they've awarded contracts to three companies to build refineries that will produce drop-in biofuels to supply the military, producing more than 100 million gallons of military-grade fuel a year starting in 2016 and 2017.

  • September 19, 2014

    Kuwaiti Contractor Gets FCA Claims Trimmed To $40M

    A California federal judge trimmed $25 million from a False Claims Act suit brought against Kuwaiti contractor The Public Warehousing Co. but kept $40 million worth of claims, saying a whistleblower adequately alleged that the company deliberately overcharged the U.S. military under logistical support contracts in Iraq and Kuwait.

  • September 19, 2014

    Aerospace Corp. Snags $812M Mod To USAF Space Contract

    The Aerospace Corp. on Thursday took home an $812 million U.S. Air Force contract modification to provide planning, design, launch support, space systems integration and other services to a unit of the Air Force Space Command, which will be performed at the company's headquarters in California, the U.S. Department of Defense said.

  • September 19, 2014

    Putin Blasts Western Sanctions As Blatant WTO Violations

    Russian President Vladimir Putin on Thursday chided the U.S. and European Union for escalating sanctions on Moscow's financial, defense and energy industries in response to the crisis in Ukraine, alleging those measures violate the most basic rules underpinning the World Trade Organization.

  • September 19, 2014

    Dealmakers Q&A: Nelson Mullins' Brian Moore

    The potential risks for successor liability even after exhaustive due diligence, coupled with the costs in terms of corporate resources and time to conduct such due diligence, have in recent years had a chilling effect on mergers and acquisitions involving companies with significant overseas operations, says Brian Moore of Nelson Mullins Riley & Scarborough LLP.

  • September 18, 2014

    Senate Approves Top Obama Aide As DOE's 2nd-In-Command

    The U.S. Senate on Thursday confirmed Elizabeth Sherwood-Randall, a top White House National Security Council official with extensive knowledge of the federal government's nuclear security mission, as the U.S. Department of Energy's deputy secretary, according to a DOE statement.

  • September 18, 2014

    Senate Gives Final OK To ISIS Fight Aid, Avoids Shutdown

    The U.S. Senate on Thursday overwhelmingly approved funding for Syrian rebels to battle the Islamic State militant group, as part of a short-term spending bill that will fund the federal government through early December and avert another shutdown.

  • September 18, 2014

    Boeing Beats Worker Asbestos Suit In Wash. High Court

    The Washington Supreme Court on Thursday found that a state law prevents the estate of a former Boeing Co. worker from suing the aircraft maker for his mesothelioma, finding that the plaintiffs hadn't shown that Boeing knew the injury would certainly occur.

  • September 18, 2014

    DynCorp Shortchanged Subcontractor By $26M, Suit Says

    DynCorp International Corp. was served on Wednesday with a $25.9 million lawsuit in Virginia state court by one of its subcontractors accusing the company of refusing to fork over a piece of a profit sharing agreement from a U.S. Army infrastructure contract.

  • September 18, 2014

    Defense Contractor Gets 7 Years On Espionage Charges

    A U.S. civilian defense contractor was sentenced to more than seven years in prison in Hawaii federal court on Wednesday after pleading guilty to charges that he gave national security secrets to his Chinese girlfriend and failed to hand over classified information to the U.S. government.

  • September 18, 2014

    War Contractors Caught Between Troops, Bureaucrats: Judge

    An Armed Services Board of Contract Appeals judge said Thursday that war zone contractors can end up trapped between military demands and the Defense Department's slow-moving contracting bureaucracy, and that better coordination between civilian and military leaders could avoid the kinds of cost disputes that plague contingency contracts.

  • September 18, 2014

    Kelley Drye Adds Ex-Barnes & Thornburg Gov't Contracts Pros

    Kelley Drye & Warren LLP has fortified its government contracts practice with the addition to its Washington, D.C., office of two U.S. Army veterans from Barnes & Thornburg LLP who focus on defense, aerospace and national security matters, the firm said on Wednesday.

  • September 18, 2014

    Boeing Secures $293M DLA Aircraft Support Contract

    The Boeing Co. has scored a $293 million contract to supply the Defense Logistics Agency with support and aircraft parts for 11 different aircraft over the next 10 years, the company said Wednesday.

  • September 17, 2014

    DOJ Urges FCA Attys To Aid Criminal Fraud Cases

    Federal prosecutors increasingly are mining False Claims Act lawsuits for evidence of criminal conduct by employees of health care companies and defense contractors, a high-ranking official at the U.S. Department of Justice said Wednesday at a gathering of whistleblower attorneys.

  • September 17, 2014

    Whistleblowers Accuse Helicopter Co. Of Overbilling Army

    An Alabama federal judge on Wednesday unsealed a False Claims Act lawsuit brought by two MD Helicopters Inc. employees accusing the company and its CEO of overbilling the U.S. Army for helicopters that were purchased for foreign governments.

  • September 17, 2014

    House Passes Stopgap Spending Bill Aiding Syrian Rebels

    The U.S. House of Representatives on Wednesday passed a continuing resolution funding the government through early December — reauthorizing the U.S. Export-Import Bank and avoiding a shutdown — after agreeing to an amendment to provide funding for Syrian rebels to combat the Islamic State group following extended debate.

Expert Analysis

  • Criminal Division Wants In On FCA Whistleblower Complaints

    Christopher Wray

    Now that an early criminal review by the U.S. Department of Justice will be standard operating procedure in every whistleblower matter — in addition to potentially concurrent review by criminal assistant U.S. attorneys in the district where the qui tam action is filed — False Claims Act defendants may face a greater threat of prosecution, say attorneys with King & Spalding LLP.

  • TAA Case Is Study On Contractors' FCA Vulnerability

    Donna Lee Yesner

    Cox v. Smith & Nephew Inc. highlights the vulnerability of medical device manufacturers that source products from nondesignated countries under the Trade Agreements Act to potential False Claims Act liability and the need for diligence in ascertaining the country of origin for goods under government contract, say Donna Yesner and Stephen Ruscus of Morgan Lewis & Bockius LLP.

  • White House Continues Push For Contractor Labor Rules

    Susan Cassidy

    Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.

  • Differing, Changing Pleading Standards For FCA Suits

    Jonathan Feld

    Two recent decisions — U.S. v. Momence Meadows Nursing Center Inc. and U.S. v. Planned Parenthood — highlight the difference among circuits in the way they treat False Claims Act actions. While some courts are raising the bar on qui tam pleadings, other courts are making it easier to bring suit under the FCA, says Jonathan Feld of Dykema Gossett PLLC.

  • A Look At The New US And EU Sanctions On Russia

    Triplett Mackintosh

    While the latest U.S. and EU sanctions do not cut off entire sectors of the Russian economy, they come close, say attorneys with Holland & Hart LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • In A Dangerous World, Energy Cos. Should Look To SAFETY

    Scott A. Freling

    Critical U.S. energy infrastructure is a natural fit for protection under the Support Anti-terrorism by Fostering Effective Technologies Act, and operators should take a cue from the transportation, real estate and entertainment industries and examine whether the law might offer an additional layer of financial protection, says Scott Freling of Covington & Burling LLP.

  • 7th Circ. Limits FCA 'Worthless Services' Theory

    Ty Howard

    While Absher v. Momence Meadows Nursing Center Inc. leaves open the potential that a worthless services theory could give rise to False Claims Act liability, the Seventh Circuit’s interpretation severely limits such liability to those cases in which a defendant effectively provided no service of value at all, says Ty Howard of Bradley Arant Boult Cummings LLP.

  • Mental Health Concerns Give Way To Broader Audit Concerns

    Daniel Chudd

    It remains to be seen whether the Senate bill intended to identify security-cleared personnel who are at risk of becoming unstable will pass and, if so, whether it will be effective. We have our doubts on both points, say Daniel Chudd and Esteban Morin of Jenner & Block LLP.