Aerospace & Defense

  • February 12, 2016

    Border Patrol Sued Over Women's Bathroom Recordings

    A U.S. Customs and Border Patrol agent sued the federal government, several law enforcement agencies and a former supervisor who recently pled guilty to recording female agents in a San Diego office bathroom, saying the agencies failed to stop the “sexual predator."

  • February 12, 2016

    $6.7B Army Truck Project To Roll On Amid Lockheed Protest

    A federal court has denied Lockheed Martin Corp.’s preliminary injunction request as the defense giant challenges a $6.7 billion Army award to an Oshkosh Corp. unit, a ruling Oshkosh said Friday means it will continue work on the military’s next generation of armored trucks.

  • February 12, 2016

    9th Circ. Won't Revive $400M FCA Suit Against Lockheed

    A Ninth Circuit panel refused Friday to revive a former Lockheed Martin employee's $400 million False Claims Act suit alleging the company fraudulently lowballed its bid for a U.S. Air Force contract, finding no merit in the would-be whistleblower's arguments of “egregious” mistakes by the lower court judge.

  • February 12, 2016

    Feds See No Reason For Cases Challenging Spy Program

    The Department of Justice asked a D.C. federal judge Friday to pare three cases from a challenge to the constitutionality of the National Security Agency’s metadata collection programs, arguing a current appeal deals with most of the issues.

  • February 12, 2016

    Judge Needs More From Feds In Body Armor FCA Suits

    A D.C. federal judge told the government Thursday it needs to present more arguments if it wants to revive some allegations in two False Claims Act suits accusing a materials supplier for a now-defunct bulletproof vest manufacturer of hiding durability issues with the armor.

  • February 12, 2016

    House Committee Clears Air Traffic Control, FAA Reform Bill

    The House Transportation and Infrastructure Committee cleared a “transformational” bill on party lines Thursday that would take air traffic control out of direct federal control while providing the Federal Aviation Administration with long-term funding and the biggest overhaul the agency has seen in decades.

  • February 12, 2016

    Info Not Privileged In $1B Contract Fight, Boeing Says

    Boeing asked an Alabama federal court Thursday to force an investment firm to comply with the airplane company's subpoena for documents in a $1.1 billion Air Force contract dispute, arguing the information is not shielded from disclosure even though the firm is not a part of the suit.

  • February 12, 2016

    Gov't Wins Stay On $77M Forfeiture Pending Criminal Case

    The federal government won a one-month stay on discovery in a $77 million forfeiture proceeding in D.C. federal court Friday after accusing the Afghani defense subcontractor at the center of the case of abusing the civil process to aid his defense against criminal bribery charges.

  • February 12, 2016

    Gov't Urges DC Circ. Not To Revive Ex-Gitmo Prisoner's Suit

    The government is urging the D.C. Circuit not to revive a lawsuit from a former Guantanamo Bay prisoner detained as a teenager, arguing that his allegations of torture cannot be brought by “aliens” deemed enemy combatants.

  • February 11, 2016

    Fla. Pharmacies, Docs Settle Tricare Billing Row For $10M

    The U.S. Department of Justice announced Thursday it has reached a settlement agreement with two compounding pharmacies in Florida and four physicians for approximately $10 million, resolving allegations that they steered costly and often unused prescriptions for military members to the pharmacies and profited off of inflated government reimbursements.

  • February 11, 2016

    KBR Wants Iraqi Contractor's Post-Arbitration Suit Tossed

    Defense contractor KBR Inc. told a New York federal court Thursday it plans to seek dismissal of an Iraqi businessman’s lawsuit seeking damages denied by an international arbitration panel, saying the man does not have standing to bring his lawsuit because he was not a party in KBR’s subcontract with his company.

  • February 11, 2016

    OSC Warns Against Narrowing Whistleblower Protections

    The government watchdog charged with protecting federal whistleblowers announced its efforts Wednesday urging the U.S. Merit Systems Protection Board not to uphold a decision limiting worker protections to those already employed by, or with active applications pending to, a given agency.

  • February 11, 2016

    Fed. Claims Court Halts $160M Embassy Contract

    The U.S. Court of Federal Claims blocked a $160 million contract to construct an American embassy in Mozambique, sustaining a competing bidder's protest and asking the U.S. Department of State to reconsider the award.

  • February 11, 2016

    Gulfsteam Founder's Wife On Hook In IRS Dispute, Son Says

    The son of Allen Paulson, the deceased founder of Gulfstream Aerospace, on Wednesday urged a California federal court not to free his father's wife from a claim he asserted against her in the Internal Revenue Service's suit seeking to hold a handful of family members liable for $10.26 million in unpaid estate taxes.

  • February 11, 2016

    Family Has Dibs On Iran Property Proceeds, 2nd Circ. Told

    A family seeking to enforce a lien on Iran-owned property in connection with the terrorism death of a relative filed a belated appeal brief to the Second Circuit on Wednesday arguing it should get the first slice of sale proceeds, blaming its lateness on computer troubles.

  • February 11, 2016

    NLRB Won’t Take On DynCorp Over Navy Union Insignia Ban

    The National Labor Relations Board recently dismissed a union complaint accusing DynCorp of illegally prohibiting U.S. Navy contractors from displaying insignia and signs, based on a recommendation finding the prohibition came from the military and wasn’t worth tackling.

  • February 11, 2016

    KBR Seeks More 3rd Circ. Review In Wrongful Death Suit

    A contractor fighting a wrongful death suit from the family of a soldier electrocuted at a Baghdad military base urged a Pennsylvania federal court Thursday to allow a third appeal before the case goes to trial, saying the contractor is allowed to challenge a ruling on which state’s liability laws apply in the dispute.

  • February 11, 2016

    Conditional Cert. Granted In General Dynamics OT Suit

    A Virginia federal judge agreed Wednesday to conditionally certify a collective action accusing General Dynamics of misclassifying workers on a U.S. Citizenship and Immigration Services contract as overtime-exempt, a ruling the parties had sought together.

  • February 10, 2016

    BAE Systems To Pay $4.6M In Gender Discrimination Row

    BAE Systems will pay more than $4.6 million to resolve a class action brought by female shipyard workers who alleged rampant gender discrimination at their workplace, according to documents filed Wednesday in Virginia federal court.

  • February 10, 2016

    Senate Votes To Ramp Up North Korea Sanctions

    The U.S. Senate unanimously passed a bill Wednesday to step up sanctions on North Korea, targeting banks that process certain transactions and other companies that aid the isolated nation after its recent rounds of weapons tests.

Expert Analysis

  • Additional Thoughts On Class Plaintiff 'Pick-Offs'

    Fred T. Isquith

    There are those who have suggested that the U.S. Supreme Court in Campbell-Ewald v. Gomez left plenty of room for a defendant to “pick off” a plaintiff. Not so, according to Eastern District of New York Judge Sandra Feuerstein's decision in Brady v. Basic Research, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Post-CISA Data Breach Investigations: Safe To Share?

    Allison J. Bender

    Although the Cybersecurity Information Sharing Act lifts several concerns about sharing information with the federal government, it also creates obligations for nonfederal entities that choose to share, which are mandatory for liability protection under the act. And it remains unclear what procedures a company will need to follow to invoke the liability protections if sued, say attorneys with Hogan Lovells.

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • Highlights Of Obama's Ambitious New Cybersecurity Plan

    Evan D. Wolff

    This week, President Obama directed his administration to implement a cybersecurity national action plan. The initiatives place significant focus on the private sector's role in securing the nation's cyber borders and, in many ways, draw heavily on the private sector's experience with cyber resilience and an enterprise-wide, multiyear approach to cybersecurity, say attorneys with Crowell & Moring LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • What To Know About The US Visa Waiver Program Changes

    Sari M. Long

    Changes to the U.S. visa waiver program, which were officially implemented on Jan. 21, 2016, now require that certain individuals apply for a visa at a U.S. consulate or embassy instead of traveling to the U.S. visa-free. Attorneys at Faegre Baker Daniels LLP explain how the changes will affect travel to and from the U.S. and what to expect going forward.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • In Congress: Energy, Nutrition, North Korea

    Richard A. Hertling

    North Korea's successful rocket launch Sunday follows on the heels of its alleged hydrogen bomb test in January. House-passed legislation being considered in the Senate this week would impose stricter sanctions on the country. The bill also extends authority to the president to sanction individuals engaging in financial transactions to support any of North Korea’s illicit activities or cyberthreats, say Richard Hertling and Kaitlyn... (continued)

  • In Congress: Republican Messaging, Fiscal Year 2017, Flint

    Richard A. Hertling

    A new challenge to bipartisan, comprehensive energy legislation came last week when several Democratic senators introduced an amendment aimed at providing emergency resources to Flint, Michigan, to address severe contamination from lead in the city’s drinking water, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Expectation Damages Now A Real Possibility In Delaware

    Philip Richter

    The Delaware Supreme Court’s decision in SIGA Technologies v. PharmAthene — stemming from a bridge loan and merger agreement between the two when SIGA was in dire financial straits — changes the calculus for a party considering whether to breach an obligation to negotiate an agreement in good faith as there is now a potential for expectation damages, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.