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Aerospace & Defense
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July 03, 2024
SpaceX Can Proceed With 2nd NLRB Constitutional Challenge
The National Labor Relations Board can't press pause on SpaceX's second fight over the constitutionality of the agency's structure, a Texas federal judge ruled Wednesday, saying the board couldn't demonstrate why the proceeding should be stayed.
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July 03, 2024
JV Questioned Over Small Biz's Role Can't Upend $50M Deal
A joint venture couldn't upend a $50 million IT contract, failing to convince the U.S. Government Accountability Office that a federal officer was wrong to question what its protégé member brought to the table during an early stage of bidding, the GAO has said.
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July 03, 2024
Guo Witnesses Point To Chinese Harassment Of Dissidents
Defense witnesses in the $1 billion fraud trial of Miles Guo told a Manhattan federal jury Wednesday that the Chinese dissident is a prime target of "Operation Fox Hunt," an alleged program within China's government that aims to silence and repatriate critics of the regime.
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July 03, 2024
Veterans Ask High Court To Revive PTSD Benefits Claims
Two military veterans urged the U.S. Supreme Court to remand Federal Circuit rulings that denied their benefits claims for post-traumatic stress disorder, saying the lower courts failed to properly review whether they deserved the benefit of the doubt.
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July 03, 2024
Chevron Reversal May Shift Contract Dispute Outcomes
The U.S. Supreme Court's upending of its 40-year-old Chevron doctrine, which deferred to federal agencies' interpretation of ambiguous legislation, could reverberate outside the statutory realm and give government contractors an edge while contesting agencies' read of contract language, experts say.
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July 03, 2024
DLA Piper Adds McGuireWoods' Downtown LA Shop Lead
McGuireWoods LLP's former Los Angeles downtown office head is taking her class action and complex litigation-focused practice in finance, technology, aerospace and oil industries to DLA Piper, the firm announced this week.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Contractor Says Chevron Reversal 'Upends' Navy Deal Suit
A military contractor seeking to undo the U.S. Navy's contract with a competitor for support services at European bases has told the Federal Circuit that the U.S. Supreme Court's recent overturning of the so-called Chevron doctrine "upends" the underlying decision in its suit.
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July 02, 2024
Challenge To Army Container Corrective Action Dismissed
The U.S. Court of Federal Claims on Monday swept aside a challenge to the U.S. Army Materiel Command's revamped Army shipping container project.
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July 02, 2024
House Dems Urge More F-16 Training For Ukrainian Pilots
Fifteen House Democrats implored the U.S. Department of Defense on Monday to support Ukraine's request to train 10 additional pilots on F-16 fighter jets this year.
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July 02, 2024
Northrop Must Face 3K Homeowner Class Over Contamination
A California federal judge Monday granted class certification to 3,200 homeowners who sued Northrop Grumman over the release of cancer-causing chemicals from a nearby circuit board manufacturing site they alleged reached their homes, finding the location and extent of the contamination in the area are subject to common proof.
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July 02, 2024
Gov't Urged To Gauge TransDigm Deals' Effect On Defense Biz
Three Democratic lawmakers are pressing the U.S. Department of Defense and antitrust enforcers to review an aerospace company's recent acquisition of two other companies, citing antitrust and price gouging concerns.
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July 02, 2024
DLA Piper Hires Former Goodwin Corporate Partner In DC
A former Goodwin Procter LLP partner has joined DLA Piper's corporate practice in the firm's Washington, D.C., office, where he will advise clients on mergers and acquisitions and other transactions.
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July 01, 2024
High Court's 1-2 Punch Sets Up Long-Standing Regs For KO
By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.
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July 01, 2024
Menendez's Sister Testifies Storing Cash Was Family Practice
An older sister of Sen. Robert Menendez who fled Cuba with their parents testified at the lawmaker's bribery trial on Monday that storing cash at home was a practice instilled by their father because of his deep distrust of banks.
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July 01, 2024
Aerospace Co. Escapes 401(k) Mismanagement Suit, For Now
A California federal judge tossed a suit alleging an aerospace technology company failed to swap out an underperforming suite of investment funds from its $930 million retirement plan, ruling the workers behind the case needed to show how the company went wrong in its decision-making processes.
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July 01, 2024
Military Store Service Says Blind Vendors Must Follow Process
The U.S. Department of Defense asked a federal judge on Monday to dismiss a lawsuit filed by blind entrepreneurs accusing the military of ignoring a law that requires officials to prioritize businesses owned by blind people, arguing that the merchants should have completed the administrative process first.
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July 01, 2024
Admiral, CEOs Deny Steering Navy Contracts
A retired four-star Navy admiral and two executives at a leadership training company pled not guilty to charges of conspiracy and bribery Monday morning in D.C. federal court, vowing to take the U.S. Department of Justice's case to trial.
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July 01, 2024
Catching Up With Delaware's Chancery Court
Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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July 01, 2024
Sullivan & Cromwell Pilots Boeing $4.7B Spirit Aero Takeover
Boeing said Monday it has agreed to acquire aircraft parts maker Spirit AeroSystems in a $4.7 billion all-share deal under which rival Airbus will also take control of the European-linked operations of Spirit in return for $559 million in compensation.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Prosecution Rests In Menendez Bribery Trial
New York federal prosecutors on Friday closed out their case-in-chief that Sen. Robert Menendez accepted bribes from constituent businessmen, resting after a final witness said some $550,000 in cash seized from the senator's wife's house could not have been from his cash withdrawals in recent years, which were only $55,000.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Fla. Air Force Vet Charged With Sharing Classified Information
A Florida Air Force veteran was accused of distributing classified materials about military aircraft in a federal indictment, which charged him with several counts of sharing national defense information that could be used to harm the United States.
Expert Analysis
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Inside DOD's Final Commercial Products And Services Rule
The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness
In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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1 Year In, Money Laundering Law Tweak May Have Big Impact
Despite receiving little attention, Congress' quiet extension of the statute of limitations for money laundering offenses involving foreign bribery offenses is a powerful prosecutorial tool that defense counsel can nevertheless counter by using certain pretrial challenges, says attorney Andrew Feldman.
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How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing
The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.