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Aerospace & Defense

  • September 20, 2018

    Challenge To No-Fly List Airborne Again, 9th Circ. Says

    The Ninth Circuit ruled Thursday that the government must face a suit brought by a naturalized U.S. citizen who alleges it put his name on the no-fly list to try to induce him to become an informant, reversing an Oregon federal court’s decision.

  • September 20, 2018

    Trump Administration Expands Sanctions On Russia

    The Trump administration on Thursday issued an executive order expanding on earlier sanctions on Russia, and also added 33 individuals and companies to a blacklist of those with ties to Moscow’s intelligence and defense sectors.

  • September 20, 2018

    CBS Tells Justices No Liability For Asbestos Added By Others

    General Electric and CBS Corp. on Wednesday told the U.S. Supreme Court that manufacturers cannot be held liable under maritime law for products that may have asbestos added to them later, likening themselves to ashtray makers, who are not required to warn about the dangers of smoking.

  • September 20, 2018

    Debarred Subcontractor Sinks Army Deal, GAO Finds

    The U.S. Army reasonably rescinded nearly $65 million in information technology task orders for the Afghan government when it discovered the main subcontractor was debarred in Afghanistan, the U.S. Government Accountability Office ruled in a decision made public Thursday.

  • September 20, 2018

    Cybersecurity Soon To Be Key To DOD Deals, Official Says

    Deputy Defense Secretary Patrick Shanahan said Wednesday that strong cybersecurity will likely become one of the key pillars for determining U.S. Department of Defense contract awards in the future, also laying out further details on the DOD’s plans for implementing the proposed U.S. Space Force.

  • September 20, 2018

    White House Cyber Plan Calls For Deterrence, Legal Revamp

    The White House warned Thursday that it would authorize offensive cybersecurity operations and "modernize" federal computer crime laws as part of a new national cybersecurity strategy.

  • September 20, 2018

    Award In Saudi Contract Row Should Be Nixed, Court Hears

    A U.S. military contractor urged a Georgia federal court on Wednesday to toss a suit seeking to confirm an emergency arbitral award ordering it not to terminate a subcontract under a deal to help maintain Saudi Arabian military aircraft, arguing that it never agreed to arbitrate the dispute.

  • September 20, 2018

    Coast Guard Sued Over River Closure Near Trump Golf Club

    A Washington, D.C., canoeing club Thursday told a Maryland federal court that a Coast Guard rule barring a stretch of the Potomac River to the public whenever President Donald Trump visits Trump National Golf Club is unnecessary and was pushed through without proper notice.

  • September 20, 2018

    Trump Slams $857B Defense Bill Over Lack Of Border Funds

    President Donald Trump on Thursday threw a potential spanner in the works for a pending $857 billion bill to fund federal defense, labor and health spending for 2019, slamming lawmakers for failing to include funding for his signature border wall project.

  • September 19, 2018

    Gov't Contractor Aims To DQ Saudi Co.'s Atty In Contract Row

    An attorney for a Saudi subcontractor should be disqualified from the subcontractor's suit seeking to confirm an arbitration award against an American defense and logistics contractor as the attorney's prior representation of the U.S. company creates a conflict of interest, the contractor told a Georgia federal court Wednesday.

  • September 19, 2018

    Feds Correctly Sank $40M Navy Contract, ASBCA Says

    The federal government was right to cut loose a construction contractor with a history of missing deadlines after it fell far behind on a $40.3 million project for the U.S. Navy in Bahrain, the Armed Services Board of Contract Appeals said in a recently released decision.

  • September 19, 2018

    Navy Calls For Bids To Supply Leased Intranet Hardware

    The U.S. Navy on Tuesday opened bids on a potentially lucrative deal for hardware for its internal network modernization program, saying it will look to lease equipment as a service rather than buying outright.

  • September 19, 2018

    DOD Goes On Offense In New Cyber Strategy

    The U.S. Department of Defense on Tuesday issued a new cyber strategy that allows for the increased use of offensive cyberattacks, as its focus turns towards cyber competition with China and Russia.

  • September 19, 2018

    Fed. Circ. Rejects Challenge To $10B VA Health Records Deal

    The Federal Circuit said Wednesday that the Court of Federal Claims was right to reject CliniComp International’s challenge to rival Cerner's sole-source deal to overhaul the U.S. Department of Veterans Affairs’ electronic health records system, ruling that CliniComp had failed to show it could meet the VA’s requirements for the work.

  • September 18, 2018

    Northrop Blocks NASA From Releasing Contract In FOIA Filing

    A D.C. federal judge on Tuesday sided with Northrop Grumman Systems Corp. in its bid to block NASA from fulfilling a Freedom of Information Act request that the defense contractor had claimed would have exposed details about a subsidiary's contract and pricing practices.

  • September 18, 2018

    Trump's Military 'Transgender Ban' Will Stay Blocked

    A California federal judge on Tuesday refused to dissolve an injunction blocking the federal government’s military “transgender ban” from going into effect, ruling a revision to the policy was not meaningfully different from the initial outright ban.

  • September 18, 2018

    Space Tourism Suit Doesn't Belong Here, Texas Court Affirms

    A Texas appellate court on Tuesday upheld dismissal of a $49 million fraud lawsuit against a Houston attorney by a Japanese billionaire who alleged that the attorney duped him into investing in a space tourism project, holding that an agreement between them mandates that disputes be litigated in the Isle of Man.

  • September 18, 2018

    Senate Passes Final $857B Defense, Health Bill For 2019

    The U.S. Senate on Tuesday passed the final version of an $857 billion bill funding federal defense, labor and health spending for 2019, legislation that will also temporarily extend other federal funding through early December to avoid a government shutdown ahead of the midterm elections.

  • September 18, 2018

    Bar BuzzFeed From Public Figure Defense, Russian Exec Says

    Russian technology executive Aleksej Gubarev asked a Florida federal court Monday to block BuzzFeed from using the public figure defense to fend off his defamation suit over the website’s publication of a dossier alleging ties between Russia and President Donald Trump.

  • September 17, 2018

    CIA Can't Shake Suit Seeking Twitter Usage Docs

    A Massachusetts federal judge on Monday shot down the Central Intelligence Agency's bid to ax a Freedom of Information Act suit seeking documents about the agency's Twitter usage, finding that the limited scope of portions of the CIA's search and its decision to withhold information about certain individuals' identities were improper.

Expert Analysis

  • Opinion

    Separate The NSA And Cyber Command Now

    Daniel Garrie

    Since its inception in 2009, U.S. Cyber Command has been functioning concurrently and under the same leadership as the National Security Agency. In the beginning this may have been appropriate, but in today’s environment they should be conducting their missions independently, says Daniel Garrie of JAMS.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • New UK And US Regimes May Deter Foreign Investment

    Robert Bell

    Newly proposed U.K. rules and the amended regime for the Committee on Foreign Investment in the United States will radically change how the two governments review sensitive transactions, which will affect the likelihood of deal clearance, deal timing and the drafting of appropriate contractual provisions, say Robert Bell and Jennifer Mammen of Bryan Cave Leighton Paisner LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Aviation Watch: Why The F-35 Has Struggled To Take Flight

    Alan Hoffman

    Seventeen years after the U.S. Department of Defense awarded Lockheed Martin the contract for the F-35 Joint Strike Fighter, and 12 years after the first production aircraft flew in 2006, all versions of the plane remain far from combat-ready, or even fully operational. Recent concerns about cybersecurity have added to the project's woes, says Alan Hoffman, a retired attorney and private pilot.

  • Fed. Circ. Case Steers Agencies Toward Commercial Vendors

    Nathaniel Castellano

    The Federal Circuit's decision last week in Palantir v. U.S. breathed new life into the government’s obligations to prioritize the acquisition of commercial and nondevelopmental solutions. It may prove to be one of the most significant procurement precedents of the decade, say attorneys with Arnold & Porter.

  • How A Hurricane Affects Gov't Contractors

    Joseph Berger

    During and immediately after a catastrophic event such as Hurricane Florence, government contractors must prioritize protection of lives and property. But the work of promptly identifying and documenting the hurricane’s effects on contract schedules and costs must not be forgotten or ignored, say attorneys with Thompson Hine LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.