Aerospace & Defense

  • May 1, 2015

    Alcoa Says Rival Swiped $200M In Boeing Biz Using Secrets

    Alcoa Inc. slammed Universal Alloy Corp. with a trade secrets lawsuit Thursday in Georgia federal court alleging the rival metals manufacturer siphoned $200 million worth of business with Boeing Co. using proprietary information gleaned from former Alcoa employees.

  • May 1, 2015

    6th Circ. Affirms Sanctions For Frivolous FCA Suit

    The Sixth Circuit affirmed a lower court’s decision ordering a former Lambda Research employee to pay sanctions for filing a frivolous False Claims Act suit months after losing a trade secrets case, and ordered his attorney to show why he shouldn’t face also sanctions Friday.

  • May 1, 2015

    KBR Can't Challenge Pentagon Audit, Judge Finds

    A Delaware federal judge pulled the rug out Thursday from Kellogg Brown & Root Services Inc.'s suit alleging the Pentagon conducted a faulty audit that triggered a lawsuit against the defense contractor, finding the audit was within the government's discretionary authority and thus immune from civil liability.

  • May 1, 2015

    Australia's NewSat Gets Creditor Shield In Ch. 15

    Australian satellite company NewSat Ltd. on Friday received relief from a Delaware bankruptcy judge that shields it from creditors while its Chapter 15 petition is pending, and reached a deal that keeps Lockheed Martin Corp. working on its key project for the near future.

  • May 1, 2015

    Raytheon Scores $559M SM-3 Missile Contract From DOD

    A Raytheon Co. unit has scored a contract worth up to $559.2 million from the U.S. Department of Defense to produce up to 52 more all-up rounds of its Standard Missile-3 Block, the DOD has said.

  • May 1, 2015

    Pentagon Solicits $475M Omnibus Cybersecurity Contract

    The cybersecurity division of the U.S. Department of Defense began soliciting offers Thursday for an omnibus contract worth up to $475 million over five years and under which the contractor will be expected to help defend the department's networks, support overseas missions and respond to possible cyber-attacks.

  • May 1, 2015

    Military Contractor Gets 4 Years In Soldier Bribery Case

    A New York federal judge sentenced an independent contractor for an Afghanistan trucking company to four years in prison Thursday for offering $54,000 in bribes to a U.S. Army soldier to confirm fuel shipments to military installations that were never delivered, the U.S. Department of Justice said.

  • May 1, 2015

    OMB Posts IT Acquisition Reform Guidelines

    The Office of Management and Budget on Thursday posted draft guidelines of how it intends to implement the major overhaul of government information technology spending passed by Congress last year.

  • May 1, 2015

    BakerHostetler Reps TransDigm In $496M Deal For Pexco Unit

    Aircraft parts supplier TransDigm Group Inc. agreed to buy the aerospace component of private equity-backed plastics manufacturer Pexco LLC for $496 million on Thursday, in a deal led by BakerHostetler LLP that continues a string of purchases for the company.

  • May 1, 2015

    House Passes $35.4B Energy And Water Funding Bill

    The U.S. House of Representatives passed a $35.4 billion bill Friday funding federal energy and water development for 2016, including the U.S. Army Corps of Engineers, U.S. Department of Energy, and certain environmental and weapons programs.

  • April 30, 2015

    Philip Morris Snuffs Out Overpriced Cigarette FCA Suit

    Phillip Morris Inc. has again knocked down a False Claims Act suit alleging the company overcharged the U.S. Department of Defense for cigarette cartons, according to a Thursday order dismissing the suit from a D.C. federal judge.

  • April 30, 2015

    House Passes $77B Bill For Military Construction, VA

    The U.S. House of Representatives passed a $76.6 billion bill Thursday to fund military construction and the U.S. Department of Veterans Affairs for fiscal year 2016, the bulk of which will be used to pay for VA health care.

  • April 30, 2015

    Man Charged With Illegal Exports To Iran Wants Bail

    An Iranian-born man accused of exporting $24 million worth of commodities, including microelectronics frequently used in surface-to-air and cruise missiles, to Iran in violation of the trade embargo asked a Texas federal court not to overturn his release on bond arguing there is little evidence he is a danger to the community.

  • April 30, 2015

    NLRB Judge Says Union On The Hook For Firings, Threat

    A union representing thousands of Spirit AeroSystems Inc. workers in Wichita, Kansas, violated federal labor law when a representative caused the terminations of two workers and threatened one of them with “bodily harm,” a National Labor Relations Board judge ruled Wednesday.

  • April 30, 2015

    House Approves Bicameral 2016 Budget Deal

    The U.S. House of Representatives on Thursday agreed to a $1.12 trillion bicameral 2016 budget deal that seeks to repeal the Affordable Care Act and broadly cut federal spending over the long term, with the exception of defense spending.

  • April 30, 2015

    DOJ Rolls Out Cybersecurity Guidance To Deal With Threats

    The U.S. Department of Justice unveiled cybersecurity guidance Wednesday that pushes businesses to have solid breach response plans in place before an attack hits, retain experienced legal counsel and remain vigilant even after an incident appears to be under control.

  • April 30, 2015

    GAO Upholds Bid Protest To $110M Air Force Contract

    The U.S. Government Accountability Office has recommended the U.S. Air Force to rebid a $110 million vehicle contract, upholding a bid protest that said the Air Force improperly evaluated past performances of winning bidder SupplyCore Inc and competitors.

  • April 30, 2015

    House Panel OKs Bill To End NSA Bulk Data Collection

    The House Judiciary Committee on Thursday easily approved the latest version of the USA Freedom Act, the most recent attempt to eliminate the National Security Agency's bulk collection program for domestic telephone “metadata” and certain other domestic surveillance programs.

  • April 30, 2015

    Unmanned Vehicles Are Navy’s Future, Service Chief Says

    The U.S. Navy will focus future shipbuilding and acquisitions on high-tech weapons and unmanned vehicles, keeping the nation technologically ahead of competing militaries, Navy Secretary Ray Mabus said Thursday.

  • April 30, 2015

    Kolon Pleads Guilty To DuPont Trade Secrets Theft

    Korean company Kolon Industries Inc. pled guilty Thursday to criminal charges that it conspired with former DuPont Co. employees to steal trade secrets relating to Kevlar bulletproof vests, agreeing to pay $360 million to resolve long-running criminal and civil cases.

Expert Analysis

  • A Look At IRS Plan For Contracts With Foreign Contractors

    Vincent Napoleon

    Some tax experts and commenters believe that the imposition of an excise tax will cause certain foreign contractors to withdraw from contracting with the U.S. This is a significant concern given U.S. dependence on foreign contractors for the supply of certain goods and services while mobilizing our troops and engaging in operations around the world, say Vincent Napoleon and Robert Trott of Nixon Peabody LLP.

  • Safe Workplaces Order: A Solution In Search Of A Problem

    Stanley Soya

    The Fair Pay and Safe Workplaces executive order negatively impacts contractors, the government and taxpayers, producing results contrary to the stated intentions of the order. The requirements and ramifications are unnecessary based upon the existing tools the government has to address contractors who violate labor laws, say Anthony Scalice and Stanley Soya of Baker Botts LLP.

  • When A Contractor Can Stop Work On A Troubled Project

    Kirk McCormick

    An age-old rule of contracting with the federal government is that the contractor cannot stop work in the face of a dispute with the government. The Civilian Board of Contract Appeals' decision in Kiewit-Turner illustrates one of the rare exceptions to that rule, says Kirk McCormick of Hinckley Allen & Snyder LLP.

  • Dramatic Shifts Underway In Suspension, Debarment Practice

    David Robbins

    After years of self-flagellation, listening tours and open meetings inviting criticism of my former colleagues in the government suspension and debarment community, this year's Interagency Suspension and Debarment Committee 873 report declared victory and announced a future of more aggressive policymaking and involvement in the procurement and grant-making processes, says David Robbins of Shulman Rogers Gandal Pordy & Ecker PA.

  • Cybersecurity Sanctions: 5 Questions To Consider

    Mark Herlach

    Considering that the commercial risks associated with cybersecurity sanctions are severe, the new regime may deter non‑U.S. entities from doing business with U.S. counterparts and vice versa, say attorneys with Sutherland Asbill & Brennan LLP.

  • This Week In Congress: Iran Legislation In Jeopardy?

    Richard A. Hertling

    The modified Iran Nuclear Review Act was unanimously supported in the Senate Foreign Relations Committee on April 14 and the White House signaled its intent to sign the bill provided there are no major changes. Contentious debate is expected during floor consideration this week, as several Republicans senators have announced their intent to toughen up the bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Caveat Contractor: GSA's Proposed Transactional Data Rule

    Brian Miller

    What could possibly induce contractors to volunteer to take on onerous and dangerous transactional reporting requirements? Getting rid of the dreaded Price Reductions Clause, of course. The U.S. General Services Administration is proposing a Faustian bargain for contractors in the proposed transactional data reporting pilot program, says Brian Miller, a managing director at Navigant Consulting Inc. and former inspector general for the GSA.

  • How NDAA Design-Build Bidding Reform Helps Contractors

    Chad Caplan

    Design-build bidding reform in the National Defense Authorization Act for 2015 will likely be celebrated by smaller firms for lowering barriers to entry and allowing initial participation in an increased number of requests for proposals. Larger contractors should be wary of an increase in competition and a “bidder cap” that could prevent participation in circumstances where more than five qualified contractors exist, says Chad Capl... (continued)

  • 2015 Begins With A Drop In FCPA Enforcement Activity

    Marc Bohn

    The pace of enforcement under the U.S. Foreign Corrupt Practices Act has slowed considerably in 2015, with just three resolved enforcement actions during the year’s first quarter — all brought by the U.S. Securities and Exchange Commission — which represents the lowest level of enforcement to begin a year since 2006, say Marc Bohn and Austen Walsh of Miller & Chevalier Chtd.

  • Tips For Guiding Your Client Through The Mediation Process

    Raphael Lapin

    With all the tangible and intangible costs associated with litigation today, mediation is becoming more common as a means of resolving disputes. Yet attorneys trained and experienced in litigation do not always have the skills to guide their clients through a mediation process, says Raphael Lapin, an adjunct professor at the Whittier School of Law and principal of Lapin Negotiation Strategies.