Aerospace & Defense

  • June 02, 2020

    DC Circ., Group Spar Over Deposing Clinton In Email Saga

    A conservative watchdog's lower court victory ordering Hillary Clinton to sit for a sworn deposition over her use of a private email server as secretary of state appeared to be on shaky ground after the D.C. Circuit cast doubts on the presiding judge's authority to grant such relief.

  • June 02, 2020

    Privacy Board Member Questions Plan To Check Fliers' Temps

    A member of a federal privacy oversight board is pressing the U.S. Department of Homeland Security for more details about reported plans to check commercial airline passengers' temperatures to screen for COVID-19, warning the global pandemic "is not a hall pass to disregard the privacy and civil liberties of the traveling public."

  • June 02, 2020

    DHS Can Exempt Immigration Programs From Enviro Review

    The U.S. Department of Homeland Security can exclude certain immigration policies from review over environmental harm after a California federal judge ruled that the exemption doesn't lead to higher immigration numbers, let alone population-driven ecological degradation.

  • June 02, 2020

    CIT Won't Yet Exempt Cos. From Nat'l Security Steel Duties

    The U.S. Court of International Trade refused to exempt two steel nail importers from national security duties on steel imports while they challenge the levy, ruling that the tariff doesn't spell "economic life or death" for the companies.

  • June 02, 2020

    IT Co. Loses Challenge To $17B Defense Contract At Fed. Circ.

    The Federal Circuit upheld the Defense Department's rejection of a $17.5 billion tech contract for a Virginia company on Tuesday, finding that the department could further scrutinize labor costs even if they were deemed realistic at first glance.

  • June 02, 2020

    China Telecom Must Explain Why It Wants FISA Info, FCC Says

    The Federal Communications Commission asked China Telecom (Americas) Corp. in a letter Monday to explain why it was seeking information the commission has obtained about the company from surveillance conducted under the Foreign Intelligence Surveillance Act.

  • June 02, 2020

    Vanadium Imports Latest Target Of National Security Probe

    The U.S. Department of Commerce announced Tuesday it will launch an investigation into whether vanadium imports threaten U.S. national security, marking the eighth probe of its kind that the department has conducted under President Donald Trump.

  • June 01, 2020

    Judge Defends Refusal To 'Rubber Stamp' DOJ's Flynn Move

    A D.C. federal judge on Monday defended his decision to probe the government's abrupt request to abandon former national security adviser Michael Flynn's criminal case, telling the D.C. Circuit he has appropriately decided to seek outside input and isn't bound by any court rule or judicial precedent "to serve as a mere rubber stamp."

  • June 01, 2020

    Fluor Can't Ditch Case Over Afghanistan Suicide Bombing

    A South Carolina federal judge on Monday refused to toss a suit seeking to hold Fluor Corp. liable for a U.S. Army specialist's injuries from a 2016 suicide bombing in the Middle East, finding that the court has authority over the case.

  • June 01, 2020

    King & Spalding Fights DQ Bid In WhatsApp Hacking Suit

    King & Spalding LLP fired back at WhatsApp's "drastic" bid to disqualify the law firm from representing an Israeli spyware company that the messaging app has accused of hacking its users' phones, arguing that FBI Director Christopher Wray and two others who previously advised WhatsApp departed the firm "long before" the suit was filed last year.

  • June 01, 2020

    FCC Announces Aggressive Timeline For C-Band Clearing

    A group of satellite operators in the C-Band have agreed on a timeline for converting their spectrum for 5G, FCC Chairman Ajit Pai announced Monday, meaning the five companies plan to vacate a chunk of the airwaves they currently hold by December 2021.

  • June 01, 2020

    FCC Commish Warns China Could Dominate Space Tech

    A Democratic commissioner at the Federal Communications Commission warned in a speech Thursday that the U.S. could repeat missteps it made in the wireless equipment market if it fails to get ahead of China in satellite broadband technology.

  • June 01, 2020

    Supreme Court Won't Hear Camp Lejeune Toxic Water Suits

    The U.S. Supreme Court on Monday declined to take up two appeals stemming from dismissed multidistrict litigation brought by military families over drinking water contamination at the Camp Lejeune military base in North Carolina.

  • June 01, 2020

    DOD Bars Contractors From Using Russian Energy At Bases

    The U.S. Department of Defense barred federal contractors from using Russian-sourced energy to power American operating bases in Europe, in an attempt to shield the military installations from the "potential risk" of depending on Russian power.

  • May 29, 2020

    Ex-Judges Slam Flynn's Appeal In Dismissal Bid Fight

    A group of retired federal judges urged the D.C. Circuit on Friday to reject a petition by Michael Flynn asking the appeals court to order a judge to immediately grant the Trump administration's controversial request to dismiss the criminal case against the president's former national security adviser.

  • May 29, 2020

    Intel Chief Declassifies Transcripts Of Flynn's Russia Calls

    Newly confirmed Director of National Intelligence John Ratcliffe on Friday declassified the highly sought-after transcripts of Michael Flynn's conversations with a Russian ambassador to the U.S. during President Donald Trump's transition to office in December 2016.

  • May 29, 2020

    Pierce Bainbridge Calls Interim Class Lead Bid Premature

    Pierce Bainbridge's remaining lawyers have urged a Texas federal judge not to appoint a new firm formed by their ex-colleagues as interim lead counsel in a proposed class action against Southwest Airlines and Boeing, saying the move would be "premature."

  • May 29, 2020

    Dems Ask Pentagon How It's Spending $10.6B In Virus Funds

    Democratic lawmakers called on the U.S. Department of Defense to detail how it is spending $10.6 billion in taxpayer dollars provided for efforts to combat the spread of COVID-19 and questioned why only 23% of the funds had been spent so far.

  • May 29, 2020

    Ligado Opposes NTIA's Push To Stall 5G Plan Approval

    Satellite operator Ligado Networks pushed back on the U.S. Department of Defense's bid to nix its planned 5G network by defending the Federal Communications Commission's green light for the project in a filing Friday.

  • May 29, 2020

    Corporate Bond Rush Brings A Big Wave Of Firsts

    The tidal wave of corporate debt offerings in recent months has enabled companies to raise billions in cash and gain much-needed breathing room to navigate the coronavirus pandemic, setting records and ushering in several first-of-their kind deals along the way.

  • May 29, 2020

    Gov't Contracts Of The Month: Virus, Space And Google Deals

    The federal government looked to the future in May, injecting $1.2 billion into AstraZeneca's candidate COVID-19 vaccine and infusing billions into the U.S.'s space-bound ambitions. Other megadeals include remediation of a nuclear site and Google's partnership with the Pentagon.

  • May 29, 2020

    Trump Blocks Visas For Chinese Students With Military Ties

    President Donald Trump issued an order Friday banning Chinese citizens with ties to the country's military from entering the U.S. on student visas to attend graduate programs, citing concerns that these students could steal American technology.

  • May 29, 2020

    Trump Says He Will Peel Away Hong Kong's Trade Status

    President Donald Trump announced on Friday that he will begin to strip away Hong Kong's special trading status in the wake of the U.S. Department of State's determination that the region is no longer autonomous from China, further ratcheting up his showdown with Beijing.

  • May 29, 2020

    Feds Will Contribute $7.5M To Exit Landfill Cleanup Fight

    The federal government will pay $7.5 million to exit a long-running dispute over the cleanup of hazardous waste at a Washington state landfill, according to an agreement filed in federal court.

  • May 29, 2020

    Energy Co. Says It Hasn't Seen $63M Award 5th Circ. Upheld

    Renewable energy company Soaring Wind Energy asked a Texas federal judge Thursday to order the American arm of China's state-run aerospace corporation to hand over a nearly $63 million arbitral award it allegedly has refused to pay even after the Fifth Circuit upheld it in January.

Expert Analysis

  • Opinion

    If The DOD Wants Ligado's Spectrum, It Should Buy It

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    The U.S. Department of Defense should stop blocking Ligado Networks' 5G network due to concerns it interferes with the department's GPS, and should instead pay the opportunity cost to buy Ligado's spectrum, say Thomas Lenard at the Technology Policy Institute and Lawrence White at the NYU Stern School of Business​​​​​​​.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How COVID-19 Applies To Weakened Competitor M&A Defense

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    A New York federal court's February decision allowing the T-Mobile/Sprint merger and the large number of companies weakened by the pandemic will result in merging parties justifying potentially anti-competitive mergers primarily on the basis of efficiencies and weakened competitor status, say James Langenfeld and Chris Ring at Ankura Consulting.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • How Anti-Terrorism Act Extension Affects Mainstream Cos.

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    Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Justices' SEC Disgorgement Ruling May Shape FCPA Matters

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    The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • CFIUS Proposal May Disproportionately Hit Certain Countries

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    A recent Committee on Foreign Investment in the United States proposal would change the trigger for mandatory CFIUS filing from industry group designation to nationality-based export controls, facilitating investment from favored countries while discouraging investment from others, say attorneys at Arnold & Porter.

  • Opinion

    Flynn Contempt Inquiry Is Vital To Judicial Independence

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    The D.C. Circuit should uphold the district court's authority to investigate whether Michael Flynn acted in criminal contempt, which is important for affirming judicial independence in this era of partisan prosecuting, says Harold Krent at Chicago-Kent College of Law.

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