Aerospace & Defense

  • October 21, 2014

    KBR, Whistleblower Trade Blows Over Privileged Docs

    KBR Inc. and a whistleblower who has accused it of defrauding the Pentagon through Iraq War subcontract overbilling and a kickback scheme continued a long-running battle over production of purportedly privileged documents, lodging competing filings in D.C. federal court Monday over the requested production.

  • October 21, 2014

    Snowden Vetter Faces Loss Of $210M Contract With GAO Ruling

    The U.S. Government Accountability Office sided with a bid protester Monday, saying U.S. Investigations Services LLC — which did the background check on National Security Agency leaker Edward Snowden — might not be responsible enough to take on a $210 million immigration support contract awarded by the U.S. Department of Homeland Security.

  • October 21, 2014

    DynCorp Wins $83M US Navy Training Aircraft Contract

    DynCorp International LLC has nabbed an $83 million contract from the U.S. Navy to provide maintenance and logistics services for hundreds of training aircraft, the U.S. Department of Defense said Monday, as a Sikorsky Support Services Inc. contract to support the training fleets winds down.

  • October 21, 2014

    BAE Closes $233M Deal For Cybersecurity Co. SilverSky

    BAE Systems PLC will pay $232.5 million to acquire cloud-based cybersecurity company Perimeter Internetworking Corp., known as SilverSky, expanding BAE's presence in the U.S. commercial cybersecurity market, the company said Tuesday.

  • October 20, 2014

    KBR, Halliburton Whistleblower Urges High Court To Allow Suit

    The whistleblower behind a False Claims Act case accusing Kellogg Brown & Root Services Inc. and Halliburton Co. of fraud has told the Supreme Court that the Fourth Circuit was right to rule that the Wartime Suspension of Limitations Act applies to civil FCA suits about wartime contracts.

  • October 20, 2014

    Defense Contractor Ordered To Ship Cars In $3M Contract Row

    A Georgia federal judge on Sunday temporarily blocked Liberty Global Logistics LLC from halting its ocean carriage services to military contractor International Auto Logistics LLC over $3 million in alleged nonpayments, ruling such a stoppage could disrupt the federal government's ability to transport troops.

  • October 20, 2014

    Blackwater Jurors To See Post-Shooting Video

    A Washington federal judge on Monday granted a request from the jury in the murder and manslaughter trial of four former Blackwater Worldwide security guards to view a video showing the aftermath of the September 2007 incident that left 14 Iraqis dead.

  • October 20, 2014

    DOD Seeks Contractors For Fort Hood Green Energy Project

    The U.S. Defense Logistics Agency on Friday issued a solicitation for proposals to allow the Fort Hood military base in Texas to generate 100 percent of its power needs from renewable energy sources.

  • October 20, 2014

    Thermacore To Pay $965K To Resolve FCA Allegations

    Pennsylvania-based thermal technology manufacturer Thermacore Inc. has agreed to a $965,000 settlement to resolve False Claims Act allegations under a federal government small business innovation program, the U.S. attorney’s office for the Eastern District of Pennsylvania announced Monday.

  • October 20, 2014

    Airbus Tries To Torpedo Bell Helicopter Sales In IP Row

    Airbus Helicopters urged a D.C. federal judge on Monday to prevent Bell Helicopter Textron Inc. from selling light helicopters with infringing landing gear, alleging the competitor paraded Airbus' design as its own and caused irreparable harm to the company's reputation.

  • October 17, 2014

    Gov't Brings Intervening Complaint In Sikorsky FCA Suit

    The government has filed its complaint intervening in a False Claims Act suit against United Technologies Corp.’s Sikorsky Aircraft Corp. and its subsidiaries, which are accused of submitting false billing statements to the U.S. Department of Defense that hid an illegal 32 percent markup on vendor products.

  • October 17, 2014

    Defense Contractors Took Big Sequestration Hit, Report Says

    Sequestration largely fell on the shoulders of defense contractors, causing a 16 percent drop between 2012 and 2013 while other defense spending remained relatively flat, according to a Thursday report on federal procurement data from the Center for Strategic and International Studies.

  • October 17, 2014

    Kickbacks Sink Contractor Bid For $3M In Costs, ASBCA Says

    The Armed Services Board of Contract Appeals recently dismissed an Iraq war contractor's claim for $2.9 million in costs, finding that the presence of kickbacks in some areas of a contract meant that the government doesn't have to pay any of the disputed claims.

  • October 17, 2014

    Jones Day Reps PE-Backed H-D Advanced In Add-On Deal

    Private equity-backed H-D Advanced Manufacturing Co. said Friday it agreed to buy Crown Precision Machining, a maker of precision-machined parts for the commercial aerospace and defense industries, in a deal guided by Jones Day, marking its fifth add-on deal in less than two years.

  • October 17, 2014

    DOD Plans $1B In Arms Sales To Greece, Other Allies

    The U.S. Department of Defense on Friday announced plans to sell nearly $1 billion in military hardware and services to Greece, Brunei, Estonia and Brazil, including the sale and upgrade of Lockheed surveillance aircraft to Greece for $500 million.

  • October 17, 2014

    Gallet Dreyer Looks To Bury Arms Dealer's Malpractice Suit

    New York firm Gallet Dreyer & Berkey LLP urged a federal judge to quash a legal malpractice suit brought by a convicted arms trafficker who claims the firm wrongly took possession of a retainer after another attorney dropped out, saying Friday that it rightfully used the funds for an appeal.

  • October 17, 2014

    Northrop Narrows Coverage Claims In Travelers Cleanup Row

    Northrop Grumman Corp. has dropped claims against Travelers Indemnity Co. for coverage of environmental cleanup costs at two southeast U.S. sites, according to a Thursday order filed in New York federal court, as the parties prepare for settlement discussions concerning other sites along the East Coast.

  • October 17, 2014

    Offsets Offer Traps For Unwary Defense Exporters

    With defense contractors increasingly looking to drum up business abroad, experts say they must be wary of the frequent demands for offsets — work designed to contribute to the local economy but often used as an excuse for lining a contracting official's pockets.

  • October 17, 2014

    NASA Contractors Urge Dismissal Of Union Suit Over Wages

    Jacobs Technology Inc. and a subcontractor joined NASA on Thursday in urging a D.C. federal judge to toss a union's suit over wages under a new contract between Jacobs and the agency, arguing it failed to allege the companies breached their collective bargaining agreement.

  • October 17, 2014

    Exec Gets 7 Years For Selling Phony Batteries To Navy

    The former CEO of a battery distribution company will spend more than seven years behind bars after selling the U.S. Navy $2.7 million worth of phony emergency batteries for warships, federal officials have announced.

Expert Analysis

  • A Large Loophole In The Ostensible Subcontractor Rule

    Bryan King

    As shown by recent Small Business Administration decisions, the current SBA regulations generally prevent the filing of an ostensible subcontractor size protest at the task order level, creating a situation where a large business could possibly take advantage, says Bryan King of Bass Berry & Sims PLC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • A Look At DOD's Proposed Changes To FOIA Program

    Donald Carney

    The U.S. Department of Defense's proposed rule updating its policies and procedures implementing the Freedom of Information Act is a positive development in terms of clarifying how the DOD will apply the exemption for records that contain the trade secrets and confidential commercial or financial information of a private party, say Donald Carney and Richard Oehler of Perkins Coie LLP.

  • A Possible Disagreement Between GAO And Fed. Claims Court

    Tammy Hopkins

    The U.S. Government Accountability Office and the U.S. Court of Federal Claims agree that exchanges that permit an offeror to modify its proposal amount to discussions. But the two forums do not appear to be aligned on how to decide whether exchanges in “the context of informational infirmities in proposals” amount to discussions or clarifications, say Ken Weckstein and Tammy Hopkins of Brown Rudnick LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • Foreign Direct Investment Vs. National Security Risk

    Philip Thompson

    The number of voluntary notices filed with the Committee on Foreign Investment in the U.S. continues to increase significantly. The benefits of seeking voluntarily CFIUS approval for covered cross-border transactions far outweigh the risks, and recent cases have underscored the merits of advance strategic planning, say Philip Thompson and Robert Crowe of Nelson Mullins & Scarborough LLP.

  • 4th Circ. Sets High Court FCA Agenda For 2014-15 Term

    Ryan Hassanein

    In the last year, the U.S. Supreme Court has received no fewer than five petitions seeking review of Fourth Circuit decisions in False Claims Act cases. A review of the Fourth Circuit’s recent FCA decisions thus provides a peek inside six important FCA issues that the Supreme Court has recently thought about, say attorneys with Morrison & Foerster LLP.

  • KBR Is Turning The Tables On The DCAA

    Dave Nadler

    KBR Inc.'s suit against the government in Delaware federal court under the Federal Torts Claims Act will place judicial scrutiny on the propriety and extent of the Defense Contract Audit Agency’s role, authority and practices, which hopefully will result in more accurate audits as well as a more constructive working relationship between contractors and the DCAA, say attorneys with Dickstein Shapiro LLP.

  • A Primer On 'Bad Faith' In Federal Removal Jurisdiction

    Ugo Colella

    The Federal Courts Jurisdiction and Venue Clarification Act grants a federal district court discretion to permit removal after the one-year period if it finds a plaintiff has “acted in bad faith” to prevent removal, but it didn’t come with a clear definition of "bad faith." Recent case law offers some minimal guidance on how the exception should be interpreted, say Ugo Colella and Todd Seaman of Thompson Hine LLP.

  • Extrapolating False Claims: The Debate In US V. Life Care

    Chris Haney

    A Tennessee federal court's recent ruling in U.S. v. Life Care Centers of America Inc. could provide a foothold for the U.S. Department of Justice to promote further acceptance of the use of sampling and extrapolation to establish liability in False Claims Act cases, says Chris Haney of Duff & Phelps LLC.