Expert Analysis

• How DOD Can Improve Flexibility Under Proposed Cyber Rule

  

  The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

• Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely

  

  The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.

• 6th Circ. Ruling Breathes New Life Into Article III Traceability

  

  The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

• Aviation Watch: 737 Max Blowout Raises Major Safety Issues

  

  The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

• Exporters Should Approach Self-Disclosure With Caution

  

  A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.

• Series

  Coaching High School Wrestling Makes Me A Better Lawyer

  

  Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

• How Recent Laws Affect Foreign Purchase Of US Real Estate

  

  Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

• Freight Forwarders And Common Carriers: Know Your Cargo

  

  Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

• SG's Office Is Case Study To Help Close Legal Gender Gap

  

  As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

• Opinion

  The PLUS Act Is The Best Choice For Veterans

  

  Of two currently pending federal legislative proposals, the Preserving Lawful Utilization of Services Act's plan to diversify and expedite the processing of veterans' claims through an expanded network of accredited providers offers the better solution, say Michael Andrews at McGuireWoods and Matthew Feehan at Nearside Solutions.

• Bid Protest Spotlight: Standing And A Golden Rule

  

  In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

• Reimagining Law Firm Culture To Break The Cycle Of Burnout

  

  While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

• Series

  ESG Around The World: Brazil

  

  Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.

• Grant Compliance Takeaways From Ga. Tech's FCA Settlement

  

  Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

• Series

  Competing In Dressage Makes Me A Better Lawyer

  

  My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.