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Aerospace & Defense
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February 22, 2024
Fire Product Makers Try To Move PFAS Suit To Fed. Court
A group of chemical companies that produce fire suppressants are seeking to move to federal court a suit brought by the Connecticut attorney general looking to rein in the use of PFAS chemicals, saying they are entitled to a federal forum to exercise a "government contractor" defense.
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February 22, 2024
Things To Watch As Boeing's 737 Max Crisis Grows
Boeing is bracing for another round of government investigations, production pauses and mounting litigation in its enduring 737 Max crisis after last month's midair panel blowout, but experts say a leadership shakeup and promises to enhance inspections offer cold comfort to regulators, airlines and passengers.
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February 22, 2024
TitleMax Accused Of 'Usurious' Lending To Troops
TitleMax was hit with a proposed class action in Georgia federal court Wednesday demanding the lender void thousands of allegedly illegal loans that saddled military members with skyrocketing debt thanks to prohibitively high interest rates.
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February 22, 2024
Judge Partially Tosses Suit Over Texas Beirut Bombing Suits
A Texas federal judge has partially dismissed a lawsuit between two Houston attorneys and a Maryland firm they've accused of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing, writing that the firm can't face suit in the Lone Star State because the duo initiated and executed the representation agreement while on the East Coast.
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February 22, 2024
GAO Backs VA's Need For Licensed Contractor
The U.S. Government Accountability Office backed the U.S. Department of Veterans Affairs' requirement for an Illinois company to be licensed in Oregon for a security guard service deal in the state, rejecting the company's contention that the requirement unduly restricted competition.
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February 21, 2024
DOJ Says Yakuza Boss Tied To Trafficking Nuclear Materials
A Japanese national — who authorities allege is a leader of the Japanese Yakuza crime syndicate — conspired to traffic nuclear materials from Myanmar to other countries, including to a person he thought was an Iranian general, authorities alleged in New York federal court Wednesday.
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February 21, 2024
GAO Backs Army Rejection Of Unclear Bid For Deals In Korea
The U.S. Government Accountability Office has agreed with the U.S. Army's decision to deem unacceptable an engineering firm's bid for construction deals in South Korea, as the watchdog found the bids unclear on who would perform certain quality control and safety activities.
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February 21, 2024
Gov't Says Camp Lejeune Litigants Must Show Specific Cause
The federal government has said that Camp Lejeune plaintiffs need to show that their illnesses were specifically caused by their exposure to contaminated water at the Marine base, not just that they spent 30 days at the base and have an illness that can be caused by exposure.
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February 21, 2024
GAO Says IT Co. Challenging $79M Gov't Deal Wasn't Misled
A Virginia information technology company lost its protest of a $79 million U.S. Special Operations Command deal for cybersecurity services after the U.S. Government Accountability Office rejected its contention that USSOCOM engaged in misleading and unfair discussions during procurement.
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February 21, 2024
PE Firm Can't Shake Ex-CEO's Retaliation Suit In NC
A North Carolina federal judge has maintained the bulk of a former executive's suit accusing a private equity firm of duping him into accepting a top role at a defense supply unit and firing him when he refused to hide the company's financial reality from a major defense contractor client, reasoning that he satisfied pleading standards.
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February 21, 2024
FCC Commissioner To Meet With Indian Gov't On TikTok Ban
FCC Commissioner Brendan Carr is finally getting the chance to chat with Indian officials about the country's decision to ban TikTok over concerns about the Chinese government's influence over the app, a decision he has pushed for here in the United States, during a visit to India.
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February 21, 2024
Boeing Ousts Head Of Embattled 737 Max Program
Boeing on Wednesday replaced the chief of its 737 Max program as the American aerospace giant rejiggers the executive team overseeing its most popular line of jets after high-profile safety mishaps such as last month's midair panel blowout and two deadly crashes overseas five years ago.
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February 21, 2024
AT&T Says Satellite Cell Coverage Must Rely On Leases
The Federal Communications Commission will soon vote on new rules allowing satellite companies to use spectrum to beef up mobile connectivity, helping eliminate "dead zones."
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February 21, 2024
How Trump's Hush Money Trial Helps Or Hurts Jack Smith
Manhattan District Attorney Alvin Bragg's porn star hush money case against Donald Trump is set to be the first criminal trial of a former president in U.S. history, a development that carries potential risks and benefits for special counsel Jack Smith, especially as one expert characterized the New York case as "legally and factually weak."
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February 21, 2024
Judge Threatens Ex-Trump Aide With Contempt Over Records
A D.C. federal judge threatened to hold a Trump-era White House aide in contempt for his continuing failure to turn over all the records covered by the Presidential Records Act to the U.S. government.
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February 21, 2024
Assange Extradition Not Political, US Gov't Says
Julian Assange faces criminal charges in the U.S. for the "unprecedented" theft of military secrets that were published online rather than for his political views, lawyers for the American government said at his extradition appeal in London on Wednesday.
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February 21, 2024
White House Acts To Shore Up Cybersecurity At US Ports
The Biden administration on Wednesday moved to boost cybersecurity at U.S. ports, announcing a series of actions that include new proposed rules to establish minimum data security safeguards and an executive order requiring transportation vessels and facilities to report cyber incidents.
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February 20, 2024
Liberal Justices Hint Chevron Deference Hanging By A Thread
In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.
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February 20, 2024
SEC Zeroes In On SolarWinds Exec In Revised Complaint
The U.S. Securities and Exchange Commission has doubled down on its case accusing software provider SolarWinds Corp. of failing to warn the public about the cybersecurity vulnerabilities that gave rise to a 2020 hack, providing a New York federal court with more detail about the involvement of the company's chief information security officer in the alleged cover-up.
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February 20, 2024
GAO Says Army Was Fair In Awarding $169M IT Upgrade Deal
The U.S. Government Accountability Office has denied a Maryland company's protest of a $169 million information technology infrastructure modernization deal for the U.S. Army, rejecting its claim that the Army assessed a competitor's strengths while overlooking the company's despite them having similarities.
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February 20, 2024
Amentum Can Claim Some COVID Leave Costs From Air Force
The Armed Services Board of Contract Appeals has ruled that Amentum Services can partially claim increased costs under an Air Force contract based on California's COVID-19 sick leave laws but that sovereign immunity bars claims based on a military quarantine requirement.
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February 20, 2024
GOP, Democratic Reps. Team Up To Decry Punted FISA Vote
The Foreign Intelligence Surveillance Act's controversial Section 702, which gives the government a backdoor to intercept American communications without a warrant, is set to expire soon, and a bipartisan group of lawmakers says it's time they be allowed to vote on a version of the reauthorization that would add privacy protections.
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February 20, 2024
Justices Deny 9/11 Widows' Challenge to Damage Distribution
The U.S. Supreme Court on Tuesday refused to revive a lawsuit from the widows of two 9/11 victims alleging a district court improperly allowed all immediate relatives to claim wrongful death damages despite state laws allowing relief only to heirs.
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February 20, 2024
Akin Hires Top BIS Commerce Department Counsel In DC
Akin Gump Strauss Hauer & Feld LLP has hired the former U.S. Department of Commerce's chief counsel for the Bureau of Industry and Security, who has joined the firm as a partner in Washington, D.C., the firm announced Tuesday.
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February 20, 2024
Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI
Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.
Expert Analysis
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'
Notwithstanding an early victory lap by the relators' bar, the U.S. Supreme Court’s decision in U.S. v. SuperValu Inc. was a win for both whistleblowers and sophisticated companies, but unfortunately left “subjective belief” to be interpreted by lower courts and future litigants, say attorneys at Baker Donelson.
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Gov't Contractors Should Prep For Increased AI Scrutiny
As the U.S. Department of Defense considers how artificial intelligence development can be helpful or harmful to U.S. national defense, government contractors and industry actors can prepare for emerging guidance and requirements by looking at lessons learned from prior cybersecurity measures, say attorneys at Wiley.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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The Legal Issues Flying Around The Evolving Drone Market
As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.
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Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical
William Passannante at Anderson Kill draws on the recent case of an attorney sanctioned by the Southern District of New York for submitting a ChatGPT-authored brief to discuss what the insurance coverage for the attorney's hypothetical claim might look like.
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Tide May Be Turning On Texas Two-Step Bankruptcy Strategy
Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.
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How Multiagency Sanctions Enforcement Alters Compliance
Recent indictments and guidance emphasizing scrutiny of third-party intermediaries make clear the government's increasingly interagency approach to sanctions enforcement and its view that financial institutions are the first line of defense against evasion efforts, particularly in connection with Russia's invasion of Ukraine, say attorneys at Ballard Spahr.
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Bid Protest Spotlight: Errors, Experience, Corrective Action
In this month's bid protest spotlight, Krista Nunez at MoFo looks at three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office considering the resolution of proposal inconsistencies through clarifications, the importance of reading solicitations in full and the scope of an agency’s corrective action.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Series
In The CFPB Playbook: Abuse Policy, PACE, Payment Apps
From defining "abusive" conduct to implementing green energy financing to policing payment apps, the Consumer Financial Protection Bureau was busy last quarter. Akerman's Nora Rigby discusses all this and more in the first installment of bureau activity recaps by former CFPB personnel.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.