Aerospace & Defense

  • October 19, 2021

    Army Corps Can't Let Costco Fill Wetlands, Wash. Group Says

    Washington residents have accused the U.S. Army Corps of Engineers of failing to vet site alternatives that would have been less damaging to local wetlands before issuing a Clean Water Act permit to the developers of a new Costco, according to a new suit.

  • October 19, 2021

    Ex-DePaul Student Guilty Of Trying To Distribute ISIS Videos

    A Chicago federal jury has convicted a former college student of trying to help ISIS archive and disseminate their propaganda videos, despite defense arguments that the student was engaging in protected free speech and never coordinated with the terrorist group.

  • October 19, 2021

    DOD Denies Flouting Immigrant Soldier Citizenship Order

    The Pentagon denied foreign-born soldiers' contention that it was flouting an injunction to process their citizenship requests, telling a Washington, D.C., court that it was complying and close to doubling the number of requests that are processed annually.

  • October 19, 2021

    CEO Of Defense Contractor Faces Navy Bribery Charge

    The CEO of a defense contractor accused of bribing U.S. Navy officials and defrauding the Navy through inflated invoices has appeared before a D.C. federal judge after voluntarily returning to the U.S., the U.S. Department of Justice announced.

  • October 19, 2021

    Carr Calls for FCC To Crack Down On 'Huawei On Wings'

    FCC Commissioner Brendan Carr on Tuesday called for the agency to crack down on a Chinese drone company that is believed to have collected massive amounts of information on Americans, likening it to a "Huawei on wings" that must be restricted from doing business in the U.S.

  • October 19, 2021

    Ex-Perkins Coie Atty Rejoins Cooley To Lead Gov't Contracts

    A former Perkins Coie LLP partner is returning to Cooley LLP as the leader of its government contracts practice, the firm said Tuesday, as it looks to build on its capabilities in areas including export control and the Committee on Foreign Investment in the United States.

  • October 18, 2021

    Steel Importers Take Another Swing At Security Tariffs

    A group of steel importers made their latest bid to overturn Trump-era national security tariffs Monday, telling the Federal Circuit that the government has misused a Cold War-era law to set the levies in the high-handed fashion of France's King Louis XIV.

  • October 18, 2021

    Senate Panel Proposes $726B Defense Funding Bill For 2022

    The Senate Appropriations Committee on Monday released a draft $725.8 billion bill to fund defense operations for fiscal year 2022, a nearly $30 billion increase on 2021 defense funding.

  • October 18, 2021

    Court OKs $10M Settlement In Walmart Military Leave Suit

    A Massachusetts federal court signed off on a $10 million settlement agreement between Walmart and a class of employees who say the retailer shortchanged them on pay for temporary military leave, giving the workers' lawyers about $1 million less than they asked for.

  • October 18, 2021

    Solar Co. Asks Fla. Justices To Ax Tax On Panels On Air Base

    A solar energy company petitioned the Florida Supreme Court to overturn a state appeals court's finding that the company's solar panel array on land it subleased at a federal air base was subject to a county's tangible personal property tax.

  • October 18, 2021

    Ex-Security Firm Employees Plead Guilty To Rigging Bids

    The U.S. Department of Justice said Monday that two former employees of G4S Secure Solutions NV have pled guilty to criminal antitrust charges stemming from an alleged conspiracy to fix prices and allocate customers for security contracts in Belgium.

  • October 18, 2021

    Gov't Tells Justices That Gitmo Detainee Can Discuss Torture

    The federal government told the U.S. Supreme Court that it would allow a Guantanamo Bay detainee to testify about his torture, after facing justices' pointed questions about why he hadn't already been allowed to do so in an overseas case related to his efforts to subpoena former CIA contractors.

  • October 18, 2021

    Biden Admin. Starts Governmentwide Effort To Combat PFAS

    The Biden administration on Monday announced a multiagency, three-year strategy to begin addressing the contamination of what have come to be called "forever chemicals," setting a timeline for drinking water limits and designating some substances a hazard under the nation's Superfund law.

  • October 18, 2021

    Trade Court Pauses On Narrow Steel Tariff Ruling

    The U.S. Court of International Trade put an earlier ruling that narrowly interpreted the president's national security tariff authority on hold pending the federal government's appeal to the Federal Circuit, which recently expanded the president's powers in a related case.

  • October 15, 2021

    Attys Hope For Clarity With Justices' Interest In Fraud Claims

    Whistleblowers and contractors have struggled for more than a decade with inconsistent standards across the country for bringing forward fraud allegations, but the U.S. Supreme Court's recent interest in a case that appears to overcome deficiencies in previous petitions could bring clarity.

  • October 15, 2021

    Claims Court Wants Analysis Of Marine Corps' Small-Biz Deal

    A Court of Federal Claims judge has directed the U.S. Small Business Administration to analyze whether a disputed sole-source Marine Corps small-business contract would have an adverse effect on other smaller companies, saying it had wrongly failed to do so earlier.

  • October 15, 2021

    Theranos' Test Demo Hid Failures From Investors, Jury Told

    A former Theranos senior project manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Friday that he gave potential investors tours of the startup's headquarters and helped set up demonstrations using Theranos' blood-testing devices, which were, on at least one occasion, programmed to shield protocol failures.

  • October 15, 2021

    DOJ Lands 1st Indictment Of Many Expected In 737 Max Probe

    The criminal indictment of The Boeing Co.'s former chief technical pilot for allegedly duping federal safety regulators during their review of the 737 Max is the first of what's likely to be many, as the U.S. Department of Justice vows to vigorously prosecute individuals undermining public safety.

  • October 15, 2021

    DOJ Wants AECOM Worker Deposed On Time For Katrina Suit

    The U.S. Department of Justice urged a Louisiana federal court in a letter Friday to greenlight the scheduled deposition of a former AECOM project officer accused of falsifying reports to defraud FEMA's Hurricane Katrina relief fund, despite opposition from the company.

  • October 15, 2021

    Biden Officials Say Tracking Is Key To Enviro Justice Efforts

    The Biden administration is working on ways to keep track of its progress on environmental justice objectives, including through a scorecard for the various arms of the federal government, senior officials said Friday.

  • October 15, 2021

    Claims Court Finds No Bias In Navy Rejecting R&D Proposal

    A Court of Federal Claims judge has rejected a technology company's protest over its exclusion from a Navy small business research and development deal, saying the company hadn't shown Navy evaluators were biased against the firm or acted unreasonably.

  • October 15, 2021

    New DOJ Tip Line Targets Central American Corruption

    The U.S. Department of Justice on Friday unveiled a new tip line for reports of possible bribery and money laundering tied to El Salvador, Guatemala and Honduras, the latest in President Joe Biden's global anti-corruption push and related efforts to control migration.

  • October 14, 2021

    Ex-Boeing Chief Technical Pilot Indicted Over 737 Max Probe

    A Texas federal grand jury on Thursday indicted a former chief technical pilot for Boeing Co. on fraud charges, alleging he misled a Federal Aviation Administration evaluation of the 737 Max and withheld crucial information about the plane's flight controls.

  • October 14, 2021

    Holmes Prayed As WSJ Reporter Raised Doubts, Jury Told

    A California federal magistrate judge Thursday rejected ex-Theranos CEO Elizabeth Holmes' efforts to exclude ex-Wall Street Journal reporter and "Bad Blood" author John Carreyrou from watching her criminal fraud trial, while the jury viewed text messages showing she was "praying literally nonstop" as Carreyrou's investigation raised doubts about Theranos' technology.

  • October 14, 2021

    FBI's Ex-No. 2 McCabe Inks Deal Over 'Political' Firing

    Former FBI Deputy Director Andrew McCabe reached a settlement with the federal government of a suit alleging he was illegally fired for refusing to enact the political agenda of former President Donald Trump, telling a Washington, D.C., federal court on Thursday that the deal makes McCabe eligible for his full pension and other retirement-related benefits.

Expert Analysis

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • How Canceling The Border Wall Affects Gov't Contractors

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    President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

  • New Contractor Insights On 'Other Transaction' Bid Protests

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    Based on recent case law, including the U.S. Court of Federal Claims’ recent ruling in Kinemetrics v. U.S., contractors interested in protesting so-called other transaction agreements should focus not on whether to file but on which federal court is appropriate for doing so, say Locke Bell and Krista Nunez at MoFo.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Behind The Curtain At Commerce's Operating Committee

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    Mi-Yong Kim at Bass Berry, former chair of the U.S. Department of Commerce's Export Administration Operating Committee, demystifies the obscure administrative body's decisions, which can make or break international transactions, and explains how the committee is poised to play a greater role as export controls become more complex.

  • Bid Protest Spotlight: Standing, Line Items, Source Selection

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    In this month's bid protest roundup, Alissandra Young and Michaela Thornton at MoFo look at three decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, each involving a U.S. Department of Veterans Affairs solicitation and each with its own important reminder for disappointed bidders.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Boeing Case Highlights Risk For Health, Life Sciences Boards

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    The Delaware Chancery Court's recent decision to allow a derivative action against Boeing's board of directors is especially relevant to health and life sciences company directors, who should ensure that they have the right structure, processes and people to oversee mission-critical risks, say Paul Kalb and Holly Gregory at Sidley.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Opinion

    The DOJ Should Ramp Up FCA Focus In PPP Enforcement

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    The U.S. Department of Justice should utilize qui tam actions more in its Paycheck Projection Program enforcement efforts, both to maintain credibility with whistleblowers and to leverage the False Claims Act's lower burden of proof, which makes settlements easier to reach than criminal convictions, say R. Scott Oswald and Lydia Pappas at the Employment Law Group.

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