Aerospace & Defense

  • November 30, 2015

    Garmin Hid Spectrum Issues Around $1.9B Deal, 2nd Circ. Told

    Harbinger Capital Partners LLC asked the Second Circuit on Monday to revive claims that Garmin and other GPS makers defrauded their wireless-spectrum neighbor LightSquared, which Harbinger had acquired for $1.9 billion, by hiding issues that interfered with LightSquared's supposed spectrum band.

  • November 30, 2015

    State Department Steps Up Clinton Private Email Dump

    The U.S. Department of State on Monday released nearly 8,000 pages of emails from former Secretary of State Hilary Clinton's private account, including a forwarded exchange with a New York Times reporter that had previously been categorized as classified.

  • November 30, 2015

    US To Boost Security Measures For Visa Waiver Program

    The White House said Monday it is increasing security measures for the visa waiver program, which permits citizens from 38 countries to travel to the U.S. without visas, through steps that include helping the Department of Homeland Security obtain information on any past travel by applicants to countries considered terrorist safe havens.

  • November 30, 2015

    Tribal Biz Beats Rehearing Bid In Suit Over Gov't Contracts

    An Oklahoma federal judge on Monday denied a Virginia company’s request to reconsider a $3 million suit accusing the Fort Sill Apache Tribe chairman and a tribal business organization of breaching a contingency agreement involving the financing and execution of two government contracts at U.S. Army posts.

  • November 30, 2015

    NASA Fraudsters Reduce FCA Counts, Damages At 11th Circ.

    The Eleventh Circuit Monday clipped as time-barred two of 22 counts from a False Claims Act case against a former University of Florida professor and his wife — already convicted of illegally gaining $3.7 million in NASA contracts.

  • November 30, 2015

    House Votes To Formally Establish DHS Cybercrime Institute

    The U.S. House of Representatives passed legislation Monday formally authorizing a U.S. Department of Homeland Security institute to train and equip law enforcement and prosecutors to investigate and prevent fraud, intellectual property theft and other cybercrime and share related information.

  • November 30, 2015

    FISC Taps Advisory Attys Amid Surveillance Reforms

    The U.S. Foreign Intelligence Surveillance Court and its surveillance denials review body have announced the five legal experts in privacy, data security, national security and classified information who will advise the spy court as it implements the USA Freedom Act's surveillance reforms.

  • November 30, 2015

    Whistleblower Slams Fire Safety Contractor's 'Sham' Affidavit

    A whistleblower accusing a fire-safety defense contractor of falsely billing the government on employee travel blasted the company's attempts to avoid sanctions in Washington federal court Friday, arguing the undisclosed evidence that led to a mistrial declaration in October amounted to a “sham.”

  • November 30, 2015

    Elbit Systems Lands $200M Swiss Drone Contract

    Elbit Systems Ltd. will supply Switzerland's Air Force with unarmed aerial reconnaissance drones under a roughly $200 million contract, the company announced last week.

  • November 25, 2015

    Ex-DHB CEO Pushes Court To Halt $20M Loan In Ch. 11 Plan

    The jailed ex-CEO of military body armor maker DHB Industries Inc. on Wednesday asked the Delaware bankruptcy court to halt a $20 million loan from disputed escrowed litigation funds until his several appeals in the Chapter 11 case are resolved, arguing that otherwise his claim to the money could be sunk.

  • November 25, 2015

    Air Force Ordered To Reconsider Construction Co.'s Bid

    A federal judge has ordered the U.S. Air Force to reconsider its determination that KWR Construction Inc. was ineligible for contracts for construction work at Arizona air bases, saying Air Force officials used an improper process in ruling KWR’s bid unrealistic.

  • November 25, 2015

    $43M Afghanistan Gas Station Subject Of IG Criminal Probe

    A special investigator is conducting several criminal probes related to the U.S. Department of Defense task force responsible for building a $43 million compressed natural gas station in Afghanistan, Sen. Chuck Grassley, R-Iowa, announced Tuesday.

  • November 25, 2015

    Feds Expect $30M From FCA Deals With Fla. Pharmacies

    Six Florida-based compound pharmacies agreed to settle allegations that they fraudulently billed TRICARE, the U.S. military's health care program, in deals expected to net the federal government $30 million in fines and repayments, the U.S. Department of Justice announced Wednesday.

  • November 25, 2015

    Air Force Extends Health Care Contractors' Work For $984M

    The United States Air Force has approved a $983.5 million extension of related contracts through which 22 companies provide medical services at more than 60 American military facilities, according to a notice published by the Department of Defense on Tuesday.

  • November 25, 2015

    The Dangerous Secrets Your Client Is Keeping From You

    Any secret a client keeps from outside counsel can be a liability, but certain types are especially harmful, lurking in the shadows like a grenade with the pin pulled. Here, experts discuss the most menacing secrets clients hide.

  • November 24, 2015

    Fla. Gov't Contractor Pleads Guilty To Income Tax Fraud

    A Fort Lauderdale, Florida-based government contractor who leased Russian aircraft to the U.S. Air Force for training purposes pled guilty on Tuesday to filing false income tax returns.

  • November 24, 2015

    Gov’t Can’t Use Misrepresentation To Evade $65M Blimp Row

    The government can’t evade a contractor’s claims over a ruined $65 million blimp simply by cloaking a failure to repair the craft’s hangar with a failure to warn about the facility’s state of repair, a California federal judge ruled Tuesday.

  • November 24, 2015

    NASA Finalizes Change To Accounting Rules For Contractors

    NASA is finalizing a temporary rule aimed at simplifying the accounting procedures it requires of contractors, according to a notice that will be published in the Federal Register on Wednesday.

  • November 24, 2015

    L-3 Inks $26M FCA Deal Over Allegedly Shoddy Gun Sights

    L-3 said Tuesday it would pay $25.6 million to settle the government’s False Claims Act suit over EOTech weapons sights sold to the military and law enforcement that the defense contractor allegedly knew were thrown off by extreme temperatures.

  • November 24, 2015

    Thompson Coburn Disavows Fall Of Anti-Terrorism Tech Firm

    Thompson Coburn LLP urged a Pennsylvania federal court Monday to dismiss claims brought by the Chapter 7 trustee of Valley Forge Composite Technologies Inc., saying its downfall stemmed from the CEO's decision to illegally sell military-grade components to China, not the law firm's actions.

Expert Analysis

  • NDAA Changes Cybersecurity Rules For Defense Contractors

    Alexander K. Haas

    Tucked away in Section 1641 of the 2016 National Defense Authorization Act are a set of cyber liability protections for the defense industrial base that have become law with little fanfare. Significantly, this comes at a time when Congress is attempting to resolve differences between broader cybersecurity legislation with some similar features, say Alexander Haas and John Drennan of King & Spalding LLP.

  • In Congress: Much To Be Done Before Dec. 11

    Richard A. Hertling

    The real legislative fireworks begin on Tuesday, when the Senate is likely to turn its attention to the budget reconciliation bill. Because of special rules established in the Budget Control Act, a budget reconciliation is not subject to a filibuster and therefore only needs 51 votes to pass the Senate, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • SkyPan: FAA Takes Drone Enforcement Seriously

    James Insco

    With its proposed $1.9 million civil penalty against SkyPan — the largest civil penalty ever levied against an operator of unmanned aircraft — the Federal Aviation Administration targeted a relatively established operator, an operator the FAA has since authorized to use unmanned aircraft, and did not articulate egregious examples of careless or reckless flying. This may herald a new approach to enforcement, says James Insco of K&L Gates LLP.

  • Inside DOD Whistleblower Rule For Confidentiality Agreements

    Albert B. Krachman

    The U.S. Department of Defense is now prohibited from contracting with firms that bind employees to confidentiality agreements that restrict their ability to report fraud, waste or abuse to appropriate investigative authorities. Albert Krachman and Stefanos Roulakis of Blank Rome LLP explore issues raised by the new regulations and the risks posed by noncompliance.

  • Paris Attacks Underscore Debate In Apple Warrant Case

    Susan Feibus

    Just a few weeks ago, the Obama administration said it would not seek statutory authority to compel tech companies to provide the keys to encrypted communications. But following the Paris attacks the issue is again front and center. Judicially, the debate also continues as a federal magistrate judge in New York weighs a government request for Apple Inc. to unlock an iPhone. Nixon Peabody partner Susan Feibus recaps the debate.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Ins And Outs Of US Trusted Traveler Programs


    U.S. Customs and Border Protection announced in November plans to expand to citizens of the United Kingdom the benefits of the Global Entry program, which permits expedited processing through CBP upon arrival to the United States. Effective Dec. 3, 2015, the expansion represents the latest step in allowing U.S. immigration and security officials to focus on higher-risk travelers, say attorneys with Mayer Brown LLP.

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • Naval Vessel Is Not The Sum Of Its Asbestos-Containing Parts

    Paul L. Knobbe

    While the Washington federal court's recent ruling in Hassebrock v. Air & Liquid Systems Corp. relates specifically to product liability claims against shipbuilders, the arguments and analysis may be persuasive in cases where manufacturers or distributors of products that may include some asbestos-containing component parts have been sued under product liability theories, says Paul Knobbe of Goldberg Segalla LLP.