Aerospace & Defense

  • September 23, 2016

    Obama Vetoes Terror-Suits Bill, Backers Say Override Coming

    President Barack Obama on Friday vetoed a bill to allow victims of terrorist attacks on U.S. soil to sue foreign governments over the attacks, which was proposed by lawmakers citing Saudi Arabia's possible connection with the 9/11 attacks, saying the law would undermine principles of sovereign immunity.

  • September 23, 2016

    ISIS-Linked Hacker Gets 20 Years For Gov't Worker Data Heist

    A 20-year-old Kosovar hacker who copped to providing material support to the Islamic State group, commonly called ISIS, on Friday was sentenced to 20 years in prison for gaining unauthorized access to a U.S. company’s customer data and leaking information on government personnel to a terrorist who posted it on Twitter.

  • September 23, 2016

    Local Bidder Loses Challenge To Army Contract Award

    The Court of Federal Claims on Thursday tossed Hawaii-based Dellew Corp.’s challenge to the award of a U.S. Army logistics support contract on Oahu to an alternate bidder, finding Dellew's proposal was not treated unfairly.

  • September 23, 2016

    Cray Loses Bid To Nix Raytheon IP Infringement Suit

    Cray Inc. lost out on a bid to nix a patent infringement suit from defense contractor Raytheon Inc. Wednesday, after US District Judge Rodney Gilstrap ruled that Cray had sufficient ties to Texas to allow the allegations to move forward.

  • September 23, 2016

    Evidence In Illegal Iran Sales Is No Good, Treasury Says

    The U.S. Department of the Treasury argued Thursday that the D.C. Circuit should not reverse a $4 million fine against Epsilon Electronics Inc. over its sale of car and audio equipment to a Dubai company that re-exported to Iran, saying the electronics firm relied on evidence in its appeal that wasn't previously included in the record.

  • September 23, 2016

    Investors Blast Barclays' 2nd Circ. Case Use In Libor Row

    A class of bank investors in New York federal court has blasted Barclays PLC’s bid to toss claims of interbank benchmark rate manipulation based on a recent Second Circuit decision in a terrorism case, saying the decision doesn't apply because the instant claims involve domestic misconduct.

  • September 23, 2016

    Hacker Says Sentencing Guidelines Should Spring Him Early

    One of the twin brothers sent to prison for hacking the U.S. Department of State and for stealing and using credit card information in a commercial hacking scheme asked a Virginia federal judge to reduce his sentence because sentencing guidelines were changed weeks after he was put away for two years.

  • September 22, 2016

    Reps. Spar On US Response To South China Sea Ruling

    Members of the House Foreign Affairs Committee and a panel of policy experts engaged in an occasionally heated debate Thursday over the best response to an international tribunal’s ruling that rejected China’s claims of control over the South China Sea, with some pushing for a display of resolve and others arguing U.S. interests aren't at stake.

  • September 22, 2016

    Small Bird Leads To Big Trouble For Final NDAA

    While the Senate will likely stay in session next week to tie up loose ends before breaking until the election, one issue the chamber isn’t expected to resolve is the final outcome of the 2017 National Defense Authorization Act, with one small bird proving to be a very large obstacle.

  • September 22, 2016

    9th Circ. Urged To Revive Lockheed Health Co. FCA Suit

    A California federal judge used a much-too stringent evidentiary burden when gutting a False Claims Act suit accusing a Lockheed Martin health care subsidiary of only cursory review of health records, the would-be whistleblower physician told the Ninth Circuit Wednesday.

  • September 22, 2016

    Obama Creates National Security Climate Change Task Force

    President Barack Obama on Wednesday instructed several federal agencies to come up with a plan to ensure that climate change-related impacts are considered in the development of national security policies as part of a new task force.

  • September 22, 2016

    Senate GOP Pushes Gov't Funding Band-Aid, As Dems Balk

    Republican leadership in the Senate introduced Thursday their proposal to keep the government running after Sept. 30, even as disputes with Democrats over aid for Flint, Michigan, threatens to pull it apart.

  • September 22, 2016

    Justices Shouldn't Hear NASA Fraudsters' Appeal, Feds Say

    The federal government asked the U.S. Supreme Court on Wednesday to refuse to hear the appeal of a couple who were ordered to pay nearly $3 million in damages under a False Claims Act suit stemming from their use of bogus small-business contracts to bilk NASA out of $3.7 million.

  • September 22, 2016

    Rainmaker Q&A: Podhurst Orseck's Steven Marks

    Trial work is largely a referral business, so relationships are key. You have to distinguish yourself by your skills and expertise, but you also need to garner the right level of trust with other attorneys that you will serve their clients well, says Steven Marks, managing partner at Podhurst Orseck PA.

  • September 22, 2016

    Sudan Loses $315M USS Cole Bombing Rehearing Bid

    A Second Circuit panel declined Thursday to rehear Sudan’s appeal of a $315 million judgment in favor of victims of the 2000 USS Cole bombing, saying service on the country’s foreign minister at its embassy in the U.S. did not violate the Vienna Convention.

  • September 22, 2016

    Insurer Says It Needn't Cover $8M Moldy Duct Replacement

    Allied World Assurance Co. (U.S.) Inc. contended Wednesday in a Colorado federal court suit that it isn’t required to indemnify a contractor for the roughly $7.9 million cost of removing and replacing moldy ductwork at the U.S. Strategic Command facility in Bellevue, Nebraska.

  • September 22, 2016

    Treasury Dept. Clears Iran Plane Deals With Boeing, Airbus

    Boeing and Airbus will be able to move forward with the planned sale and lease of billions of dollars worth of commercial aircraft to Iran after the U.S. Department of the Treasury gave final approval Wednesday.

  • September 22, 2016

    FAA GC Says Current Drone Regulation Is 'Kind Of Creaky'

    Though new Federal Aviation Administration rules for commercial drones just went into effect in August in a first attempt to regulate small unmanned aircraft systems, the FAA is already having difficulty staying ahead of the rapidly changing industry, chief counsel Reginald C. Govan told Law360 in a recent interview.

  • September 22, 2016

    WTO Finds EU's Airbus Subsidies Are Still Illegal

    A World Trade Organization panel ruled Thursday that the European Union has not done enough to bring its various subsidy programs for aviation giant Airbus into compliance with global trade rules, dealing a new blow to Brussels in its long and winding aircraft tussle with the U.S.

  • September 21, 2016

    Army Dodges Ret. Col.'s Records Suit In Whistleblower Row

    A D.C. federal judge on Tuesday tossed a suit against the Army by a retired colonel seeking a determination that she didn’t retaliate against another service member who made a protected communication under the Military Whistleblower Protection Act.

Expert Analysis

  • GAO Extends Reach Of OCI Protest Timeliness Rules

    Aron C. Beezley

    A Squared Joint Venture appears to be the first published decision in which the U.S. Government Accountability Office found a protester’s post-award organizational conflict of interest allegation to be untimely where the protester failed to raise the allegation via a pre-award bid protest, and where the protester’s OCI allegation involved the protester’s — rather than a competitor’s — eligibility to participate in the competition, ... (continued)

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Courts Are Taking Materiality Seriously Post-Escobar

    Bradley D. Wine

    Three months after the U.S. Supreme Court's Escobar decision, we can see some trends emerging in False Claims Act decisions that may give contractors a ray of hope, say Bradley Wine and Daniel Chudd of Morrison & Foerster LLP.

  • In Congress: A Continuing Resolution?

    Richard Hertling

    The finish line for Congress could come this week as House and Senate leaders negotiate a continuing resolution to keep the government running into December, though major points of contention over possible provisions were still unresolved as of Friday evening, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • A Clean Air Act Nightmare For Yuma County, Ariz.

    Lucas J. Narducci

    In response to certain air quality challenges Yuma County, Arizona, currently faces, the U.S. Environmental Protection Agency has repeatedly suggested the concerns be addressed through various relief mechanisms established in the Clean Air Act. Unfortunately, it is unlikely any of these options will be of use to Yuma County while it’s at risk of being designated a nonattainment area for ozone, say attorneys at Snell & Wilmer LLP.

  • Regulatory Risks In Aerospace & Defense, Gov't Services M&A

    Excerpt from Lexis Practice Advisor
    Jerry Howe

    There is plenty of room for miscalculation and misfortune in mergers and acquisitions in the aerospace, defense and government services space. M&A between strategic buyers in the industry pose particular challenges for post-closing integration, says Jerry Howe of Fried Frank Harris Shriver & Jacobson LLP.

  • Category Management: What Contractors Need To Know

    Michelle E. Litteken

    In less than two years, the Office of Management and Budget's Category Management initiative has begun to reshape aspects of federal procurement, says Michelle Litteken of PilieroMazza PLLC.

  • A Look At Rare GAO Decision On Bid Protest Abuse

    Steven J. Koprince

    In an unusual action, the U.S. Government Accountability Office recently suspended Latvian Connection's right to file bid protests for one year, after the contractor filed 150 bid protests this year. A reader of the GAO’s decision might conclude that all of Latvian Connection’s protests have been frivolous. Not so, says Steven Koprince, managing partner of Koprince Law LLC.

  • Should Your Law Firm Move To The Cloud?

    Paul R. Kiesel

    Don't kid yourself into believing, currently, that cloud options are cheaper. Cost is not the justification for moving your law firm to the cloud, says Paul R. Kiesel, founder of Kiesel Law LLP and immediate past president of the Los Angeles Bar Association.