Aerospace & Defense

  • September 2, 2015

    DOD Watchdog Says Army Ammo Unit Still Not Audit Ready

    The U.S. Army’s recordkeeping for more than $33 billion of ammunition and other related assets did not match audit standards in a review from the Defense Department’s Inspector General released Wednesday.

  • September 2, 2015

    US Fights NSA Surveillance Injunction Bid In 2nd Circ.

    A U.S. government attorney on Wednesday urged the Second Circuit not to halt the National Security Agency’s bulk domestic collection of telephone metadata during a phase-out period that ends in late November, saying the court should defer to a timetable set by Congress.

  • September 2, 2015

    Watt Tieder Beats $52M Malpractice Suit

    Watt Tieder Hoffar & Fitzgerald LLP escaped a $52 million malpractice suit Wednesday after a New York federal judge ruled that a construction company owner alleging he was represented by the firm in negotiations with the government hadn't proved he had an attorney-client relationship.

  • September 2, 2015

    Relator Urges DC Circ. To Revive Philip Morris FCA Suit

    The relator in a False Claims Act suit alleging Philip Morris Inc. overcharged the Pentagon for cigarettes urged the D.C. Circuit Monday to revive his complaint for a second time, saying his allegations had not been publicly revealed before filing suit.

  • September 2, 2015

    GAO Denies Hughes' Protest Of $23M Army Support Contract

    The U.S. Government Accountability Office has denied Hughes Group LLC’s protest of a $22.8 million U.S. Army sustainment support contract award, saying that Hughes failed to prevail over the Army’s decision that it didn’t understand the contract, according to a decision published on Tuesday.

  • September 2, 2015

    Gov't Warned Not To Drag Out NSA Metadata Dispute

    A Washington, D.C., federal judge on Wednesday warned the federal government that he would not allow it to drag out a dispute over the constitutionality of the National Security Agency’s telephone metadata collection program ahead of a pending sunset on the program.

  • September 2, 2015

    Obama's Iran Nuke Deal A Lock As Mikulski Gets Onboard

    The Obama administration's nuclear deal with the Islamic Republic of Iran has the minimum 34 votes it needs in the U.S. Senate to prevent a two-thirds majority from blocking passage after Sen. Barbara Mikulski, D-Md., threw her support behind the agreement Wednesday.

  • September 2, 2015

    Cyber Firm Nabs $133M OPM Contract To Handle Mega-Breach

    The Office of Personnel Management has awarded Portland, Oregon-based Identity Theft Guard Solutions LLC a $133.26 million contract to provide response services for the agency’s unprecedented July data breach, where hackers made off with the personal information of 21.5 million current, former and prospective government employees.

  • September 1, 2015

    Architecture Co. Slams VA Suspension Over Ex-Exec’s Fraud

    An architecture and engineering firm claimed Monday in D.C. federal court that the U.S. Department of Veterans Affairs wrongfully suspended it from competing for millions of dollars in government contracts after a former executive was indicted for bribery related to VA projects.

  • September 1, 2015

    Honeywell Loses Doc Privilege Fight In Subcontractor’s Suit

    Honeywell International Inc. lost a discovery battle Tuesday in a suit alleging it wrongly ditched a subcontractor after winning a $61 million U.S. Army contract, with a Missouri federal magistrate finding the subcontractor can still assert attorney-client privilege over various documents despite having shared them with a consultant.

  • September 1, 2015

    Judge Says Past Work With Uranium Mine Won't Affect Case

    A New Mexico federal judge Tuesday said his previous work involving uranium mines as a U.S. attorney shouldn’t affect his judgment in a $7.2 million environmental cleanup suit seeking reimbursement from the federal government.

  • September 1, 2015

    Blue Origin Cancels Rocket Patent Under SpaceX Challenge

    The Patent Trial and Appeal Board last week granted Amazon.com Inc. founder Jeff Bezos' aerospace firm Blue Origin LLC's request to cancel its rocket landing technology patent, yielding to a bid by rival Space Exploration Technologies Corp. to have it invalidated.

  • September 1, 2015

    State Dept. Approves $3B Apache Copter Deal For UK Gov’t

    The United Kingdom could soon go forward with a $3 billion deal to remanufacture 50 Apache helicopters and associated equipment after the U.S. Department of State’s approval, according to an announcement from the Defense Security Cooperation Agency.

  • September 1, 2015

    FAA Approves Drone Co. To Operate 300+ Commercial Fleet

    The Federal Aviation Administration has granted a Washington-based drone service company permission to operate more than 300 models of commercial unmanned aircraft, the most ever approved in a single order, the company said in a statement Tuesday.

  • September 1, 2015

    Iran Bank Says $1.7B Is Out Of Bombing Victims' Reach

    Iran’s central bank asked the Second Circuit on Monday to uphold a ruling that families of victims of the 1983 bombing of a U.S. Marine Corps barracks in Beirut can’t collect $1.68 billion from it, saying the money is out of reach in Luxembourg.

  • September 1, 2015

    Public Justice, AARP Defend Class Actions To High Court

    Public Justice PC and AARP Inc. urged the U.S. Supreme Court on Monday to reject a Navy contractor's efforts to dodge a proposed Telephone Consumer Protection Act class action, arguing that defendants cannot be allowed to head off class actions by simply trying to settle with the lead plaintiff.

  • September 1, 2015

    Whistleblowers Rushing Discovery Bid In FCA Suit, KBR Says

    KBR Inc. asked an Illinois federal judge Monday to reject whistleblowers’ request to discuss discovery issues in a False Claims Act suit, saying the move was an attempt to prematurely begin discovery before the court decides whether it will hear the case.

  • September 1, 2015

    Anti-Bribery Odd Couple Takes Its Show On The Road

    It’s not unusual for cooperating witnesses to reach out to prosecutors or other investigators long after their cases are finished. What is unusual is for a cooperating witness and a former prosecutor to join forces and go on the road to educate companies on the type of conduct that brought them together in the first place.

  • August 31, 2015

    FISC OKs Phone Data Collection Until Freedom Act Deadline

    A Foreign Intelligence Surveillance Court judge issued an order Friday extending approval for the government to collect and analyze phone metadata through Nov. 29, the end of a sunset period approved by Congress in the USA Freedom Act.

  • August 31, 2015

    NLRB Finds Boeing's Confidentiality Policy Is Illegal

    The National Labor Relations Board on Thursday affirmed a judge’s 2013 ruling that the Boeing Co.'s policy of asking employees involved in workplace investigations to keep them confidential runs afoul of federal labor law.

Expert Analysis

  • Top 10 Steps When Responding To A Disaster

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    In contrast to routine litigation, crises — such as environmental disasters, violent criminal or terrorist acts, explosions, corporate scandals or computer crimes — involve issues and follow timelines that are difficult to foresee. Even though every crisis is unique, there are 10 steps you can take to help mitigate damage and stabilize the situation, say Otway Denny and Jessica Farley of Norton Rose Fulbright US LLP.

  • Reconsideration Still For Only The Rarest Of Protest Cases

    Carrie Apfel

    The Government Accountability Office's recent ruling in SCB Solutions Inc. shows that requests for reconsideration in GAO protests are not an entirely hopeless endeavor. But the facts of this case set it apart from the typical protest, says Carrie Apfel of Jenner & Block LLP.

  • Purchase Price Adjustment Lessons From ATK Dispute

    Daniel R. Avery

    Disputes concerning an M&A target’s financial condition may result in both a post-closing purchase price adjustment and potential indemnification claims by the buyer. A purchase price dispute stemming from Alliant Techsystems Inc.’s acquisition of Bushnell Group Holdings Inc. brings these issues squarely into focus, say attorneys with Goulston & Storrs PC.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Inside DOD's Interim Rule On Cloud Cybersecurity

    Lawrence Prosen

    As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.

  • Raytheon Ruling Shows ASBCA Will Limit DCAA Penalties

    Dave Nadler

    The Armed Services Board of Contract Appeals’ recent Raytheon Co. decision reinforces that contractors should not be afraid to push back where the Defense Contract Audit Agency seeks to impose penalties, even when it may be clear that the costs will ultimately be found unallowable, say attorneys with Dickstein Shapiro LLP.

  • A Closer Look At DOD's Proposed Price Reasonableness Rule

    Jason N. Workmaster

    The U.S. Department of Defense's proposed rule on evaluation of commercial prices opens up the possibility that providing data in support of a commercial item procurement will be as burdensome — and potentially as fraught with peril — as providing certified cost or pricing data in a procurement covered by the Truth in Negotiations Act, say Jason Workmaster and Kevin Barnett of Covington & Burling LLP.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • What The OMB Cybersecurity Proposal Does And Doesn't Do

    Evan D. Wolff

    The U.S. Office of Management and Budget's proposed guidance is intended to improve cybersecurity for information systems containing controlled but unclassified information, but it may not provide the clarity and practical guidance sought by federal agencies and contractors. The current administration may be missing an opportunity to significantly improve and standardize cybersecurity practices, say attorneys with Crowell & Moring LLP.