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Aerospace & Defense
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April 08, 2024
Tribes Say Army Corps Mistakes Their Claims In 5th Circ. Row
Two Native American tribes and a conservation group have told the Fifth Circuit that the U.S. Army Corps of Engineers and an Enbridge Inc. unit have intentionally mischaracterized their claims in litigation seeking to challenge the agency's permit authorization for a major oil terminal on Texas' Gulf Coast.
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April 08, 2024
Conn. Worker Says Firing For Talking Wages Was Illegal
A former employee of a company that designs and manufactures radiation detection devices accused the firm in Connecticut federal court of breaching state law by prohibiting him from discussing his pay with his colleagues and of firing him for telling a friend about receiving a raise.
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April 08, 2024
Catching Up With Delaware's Chancery Court
Last week, a much-watched Chancery Court Match.com decision got reversed, a Philip Morris motion got stubbed out, and a long-frozen Blue Bell Creameries suit started churning again. Delaware's Court of Chancery also saw new suits filed for legal fees, arguments over multibillion-dollar pay packages, and a judge flummoxed over Truth Social.
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April 08, 2024
Greek Air Force Says $22M Contract Dispute Was Timely
Greece's Air Force has urged the Federal Circuit to revive its $21.7 million suit over faulty cameras purchased from a U.S. contractor, saying its claim accumulated later than the U.S. government had argued and was timely.
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April 08, 2024
Menendez Seeks To Block Info On Lifestyle, Political Donors
U.S. Sen. Robert Menendez is seeking to have evidence about his and his wife's lifestyle and spending habits and information about his campaign donors excluded from the bribery trial that the couple and two business associates are facing on May 6, according to court documents.
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April 05, 2024
Feds Say Bombing Survivors' Suit Is Outside Court's Authority
The Biden administration is again pushing to escape survivors' efforts to hold it accountable for U.S. allies' airstrikes in Yemen, telling a Washington, D.C., federal court it had no authority over the executive branch's foreign arms dealing.
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
Claims Court Says Leaked Contractor Info Didn't Help Rival
A U.S. Court of Federal Claims judge has rejected an aviation fuel services company's suit alleging that the Defense Logistics Agency wrongly failed to mitigate the inadvertent release of sensitive information to the Miami company's rival, saying the agency reasonably determined that the information wasn't competitively useful.
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April 05, 2024
Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work
Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses.
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April 05, 2024
Ex-Marine, Jan. 6 Rioter Gets 21 Months In Vax Card Scam
A former U.S. Marines reservist was sentenced Friday to 21 months in prison after pleading guilty to scheming to distribute fraudulent COVID-19 vaccine cards.
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April 05, 2024
Boeing Pays Alaska Airlines $160M For 737 Midair Blowout
The Boeing Co. has paid $160 million to Alaska Airlines for losses from the midair door plug blowout on a 737 MAX jet that horrified passengers, grounded planes and disrupted flights, according to a regulatory filing from the airline.
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April 05, 2024
Families Fight To Keep Military Chopper Crash Suit In US
The families of six Canadian military personnel killed in a helicopter crash off the coast of Greece are urging a Pennsylvania federal judge to keep their liability claims against the aircraft's maker in the United States, arguing that the company's bid to transfer the case to Canada is a stalling tactic.
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April 05, 2024
Fla. Men Admit To Illegally Sending Aircraft Parts To Russia
Two Florida residents pled guilty this week in Arizona to conspiracy to violate the Export Control Reform Act by illegally exporting controlled aviation technology to Russia.
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April 05, 2024
Justices Urged To Mull Hezbollah-Tied Bank's Immunity 'Now'
U.S. victims of terrorist attacks in Iraq warned the U.S. Supreme Court that forgoing review on whether a defunct Lebanese bank can claim sovereign immunity from allegations the bank funded Hezbollah would have negative implications on disputes involving foreign trade.
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April 05, 2024
Judicial Nominees On Schumer's Post-Recess To-Do List
Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.
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April 05, 2024
Ex-Acting Homeland Security GC Joins Nixon Peabody In DC
Nixon Peabody LLP has hired the former acting general counsel of the U.S. Department of Homeland Security, who joins the firm after working with the agency for more than two decades and through four presidential administrations.
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April 04, 2024
MoneyLion's Woes Draw Del. Suit Against SPAC Insiders
Investors have sued the sponsor of a blank-check company and several of its directors and controllers in Delaware's Chancery Court, accusing them of overvaluing a merger with digital finance platform MoneyLion, which was sued by the Consumer Financial Protection Bureau in 2022.
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April 04, 2024
Bank Trade Group Urges Regulators To Sanction Navy Federal
The president of the Independent Community Bankers of America has called on regulators to block Navy Federal Credit Union from using the term "community bank" to refer to military banking facilities it operates overseas, taking aim at the credit union with scathing accusations that it is "apparently insecure enough about [its] industry to pretend" it's a community bank.
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April 04, 2024
Stanford Lecturer Says Mideast War Talk Got Him Suspended
A Black Muslim Stanford University lecturer said the school refused to renew his contract after he discussed the Israel-Hamas war in class and had students take part in a profiling and policing simulation, despite him being cleared of wrongdoing.
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April 04, 2024
Smith & Wesson Scolded At 7th Circ. For Minimizing Victims
A Seventh Circuit judge on Thursday lambasted counsel for Smith & Wesson for stating "several" people were killed or wounded in the July Fourth shooting in Highland Park, Illinois, saying he was tempted to use up some of the company's allotted time by listing the names of all 55 victims.
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April 04, 2024
Huawei Slated For 2026 Sanctions, IP Theft Trial
A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
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April 04, 2024
Claims Court Backs Defense Health Agency $31M IT Deal Pick
A U.S. Court of Federal Claims judge denied an information technology contractor's protest of a $31 million IT deal the Defense Health Agency awarded to a competitor, saying he found nothing wrong with how the agency evaluated the contractors' proposals.
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April 04, 2024
BAE Stuck $8.2B Retirement Plan With Hefty Fees, Court Told
Aerospace and defense company BAE Systems breached federal benefits law by saddling its $8.2 billion retirement plan with excessive recordkeeping fees and causing participants' savings to plummet, a proposed class action filed in D.C. federal court said.
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April 04, 2024
Wireless Orgs Say DOD's 3 GHz Sharing Report Is 'Incomplete'
Wireless industry interests are calling for further study on commercial use of the 3 gigahertz band following the public release of a Department of Defense report claiming that a wide range of conditions would need to be met before the band could be opened up.
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April 04, 2024
Citibank Can't Force Arbitration In Fees Suit, Veterans Say
A proposed class of military members has told the Fourth Circuit that Citibank cannot force them to arbitrate claims the bank overcharged credit card fees, arguing federal laws on military-member lending negate arbitration agreements.
Expert Analysis
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
OFAC Should Loosen Restrictions On Arbitration Services
The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.