Aerospace & Defense

  • February 9, 2018

    Trump Blocks Release Of Democrats' Intelligence Memo

    The White House on Friday declined to release a memo that had been touted as the Democrats’ response to a contentious House intelligence committee report made public a week ago, citing classified and “especially sensitive” passages that implicate national security interests.

  • February 9, 2018

    Airbus Penalized €81.25M In Bribery Probe Of Fighter Sale

    A German unit of French aerospace giant Airbus SE has been hit with an €81.25 million ($99 million) penalty by German prosecutors for supervisory negligence, ending a bribery probe related to a 2003 sale of Eurofighter Typhoon jets to Austria, the company announced Friday.

  • February 9, 2018

    Girardi Keese Must Open Books On $130M Deal, 9th Circ. Told

    An attorney whose client accused Girardi Keese of mismanaging a $130 million settlement with Lockheed Martin urged the Ninth Circuit on Friday to allow an accounting of the funds to move forward, while the firm argued that a lower court correctly found the suit was time-barred since the funds were distributed nearly two decades ago.

  • February 9, 2018

    Fed Circ. Says Federal Military Leave Provisions Are Broad

    The Merit Systems Protection Board took too narrow a view of what constitutes support for a military operation when it upheld a decision denying an Army reservist’s request for additional military leave after he was called to active duty, the Federal Circuit ruled Friday.

  • February 9, 2018

    Texas County Drops $3.5M Border Fence Fraud Suit

    The Hidalgo County, Texas, Drainage District, which had accused its former general-manager-turned-contractor of defrauding taxpayers over a multimillion-dollar project to build a levee and border fence along the U.S.-Mexico border, has dropped the remaining claims in its $3.5 million suit, days after a state judge dismissed others.

  • February 9, 2018

    'Weak' Evidence Dooms Booz Allen Investors' Stock-Drop Suit

    Booz Allen Hamilton Holding Corp. escaped a proposed class action from two union pension funds that sued the contractor alleging it misled shareholders by failing to disclose it was under federal investigation, with a Virginia federal judge ruling that the fraud claims relied on “weak” evidence.

  • February 9, 2018

    DACA Service Members Can't Be Deported, DOD Announces

    The U.S. Department of Defense has announced that U.S. service members who are beneficiaries of the hotly debated Deferred Action for Childhood Arrivals program — which the Trump administration promised to end in March — cannot be deported.

  • February 9, 2018

    2nd Circ. Overturns $100M Arab Bank Terror Verdict

    The Second Circuit on Friday overturned a $100 million jury verdict against Arab Bank PLC, finding jury instructions in the case alleging that it provided material support to Hamas and other militant groups were prejudicial against the bank, in a case the bank already settled.

  • February 9, 2018

    Trump Signs Spending Bill, Ending Overnight Shutdown

    President Donald Trump signed legislation Friday for a two-year budget deal and temporary spending measure, ending a brief government shutdown after Congress failed to pass the bill before midnight.

  • February 8, 2018

    Congress Fumbles Spending Debate, Shutting Gov't Down

    Unable to pass a funding agreement before midnight, Congress has sent the government into at least a brief shutdown Friday despite pending long-term budget agreement legislation.

  • February 8, 2018

    GAO Sustains Challenge To $38M Navy Deal Over Ambiguities

    The U.S. Navy wrongly rejected the lowest bidder for a $38 million building construction deal based on the company’s interpretation of an ambiguous solicitation clause, the U.S. Government Accountability said in a decision made public Wednesday.

  • February 8, 2018

    DOD Awards $950M Cloud Computing Contract To REAN

    The U.S. Department of Defense on Wednesday awarded a five-year contract of up to $950 million to cloud systems integrator REAN Cloud that will allow defense agencies to procure cloud computing services directly from the company.

  • February 8, 2018

    $7M DOD Cloud Contract Support Deal Hit With Protest

    An enterprise technology group has challenged the U.S. Department of Defense’s $7 million sole-source deal recently awarded to an Alaska Native-owned small business to support the DOD’s high-profile cloud computing acquisition process, filing a bid protest with the U.S Government Accountability Office.

  • February 8, 2018

    Fed. Circuit Urged To Make Army Consider Palantir Software

    Palantir Technologies Inc. urged the Federal Circuit on Thursday to uphold a lower court’s finding that the company was wrongly shut out of the running for a $206 million U.S. Army intelligence software contract, saying the service branch unnecessarily set out to develop a custom system and failed to conduct legally required research into available commercial options.

  • February 7, 2018

    Tillerson To Form New State Dept. Cybersecurity Bureau

    Secretary of State Rex Tillerson is aiming to revamp the State Department's cybersecurity operations, telling a top House lawmaker Tuesday that he is planning to merge two existing offices into a new bureau that will broadly tackle cyberspace and digital economy issues. 

  • February 7, 2018

    Attorneys Cautiously Optimistic After Acquisition Report

    A recent expert panel report advocating a broad overhaul of the U.S. Department of Defense’s acquisition process is a landmark document that may finally spur the significant changes that are needed to make the procurement system more user friendly, although more work remains to be done, attorneys say.

  • February 7, 2018

    Senators Urge DOD To Study Phone Tracking Risks

    Two members of the Senate Armed Services Committee on Wednesday urged U.S. Secretary of Defense James Mattis to study the potential security risks of American service members using Google Android phones overseas, citing concerns that the tech firm’s location-tracking tools could be hijacked by enemy combatants.

  • February 7, 2018

    Muslim Engineer Can't Prove Sikorsky Fired Him For His Faith

    A Connecticut federal judge on Tuesday axed a former Sikorsky Aircraft Corp. engineer’s suit alleging he was laid off due to his Muslim faith, Balkan heritage and dark complexion, saying there wasn’t enough evidence to show he was treated differently than his colleagues.

  • February 7, 2018

    Senate Leaders Reveal Spending Deal As Shutdown Looms

    Senate leaders announced a $300 billion two-year budget deal Wednesday, potentially avoiding a government shutdown later this week and extending the government debt ceiling a full year.

  • February 6, 2018

    DHS Fights Kaspersky's Bid To Block Federal Software Ban

    The U.S. Department of Homeland Security on Monday fired back at Kaspersky Lab's attempt to halt an order barring federal agencies from using its software products due to national security concerns, telling a D.C. federal judge that there is "ample" support for the ban and that "nothing of any practical value" would come from a reversal.

Expert Analysis

  • 5 Takeaways From Bipartisan BuyAmerican.gov Bill

    Justin Ganderson

    The recently introduced BuyAmerican.gov Act of 2018 may be the most significant “Buy American” development since President Donald Trump issued his April 2017 “Buy American” executive order, say attorneys with Covington & Burling LLP.

  • How Legal Finance Helps The Energy Sector Access Capital

    Emily Slater

    The energy sector is an especially fertile test bed for exploring the application of litigation finance. But the constellation of issues involved creates a perfect storm for high-stakes disputes with partners, distributors and even nation-states. Legal teams at energy companies and law firms undertaking energy litigation must become conversant in the practices of litigation finance, says Emily Slater of Burford Capital LLC.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • The Government’s Big Stick For Fighting Small Biz Fraud

    Amy Laderberg O'Sullivan

    Last year saw the first application of the Small Business Act's presumption-of-loss rule in a civil False Claims Act case — U.S. v. Washington Closure Hanford. The ruling will likely embolden the government to aggressively pursue cases involving set-aside fraud, say attorneys with Crowell & Moring LLP.

  • The Next Shutdown: How Gov't Contractors Can Prepare

    Kristen Ittig

    The short-term spending bill signed on Monday ended the nearly three-day government shutdown, but it is unlikely to put an end to shutdown politics for good, or even for long. Participants in the federal market should review the related challenges and be ready for what may come, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 3-D Printing, ITAR Issues Not At High Court — Yet

    Kelsey Wilbanks

    While the U.S. Supreme Court denied Defense Distributed’s petition for writ of certiorari last week, this case commands intense scrutiny because of the intersection between 3-D printing and regulations on the export of defense articles and services, including technical data, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • Opinion

    The Latest Bid Protest 'Reform' Should Be Repealed

    Marcia Madsen

    The "loser pays" provision in the 2018 National Defense Authorization Act is a transparent effort to avoid review of government decisions. It violates fundamental principles of administrative law enshrined in the Administrative Procedure Act. Additionally, there is no factual basis for restricting review of agency procurement decisions, say attorneys with Mayer Brown LLP.

  • A Momentous Year For CFIUS: Part 2

    Stephen Heifetz

    Regardless of whether new legislation is enacted, dramatic changes to the Committee on Foreign Investment in the United States have arrived. In 2017, a much “stickier” CFIUS process resulted from concerns about China and a broader worry that international trade has not always benefited the United States, say attorneys with Wilson Sonsini Goodrich & Rosati PC.