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Aerospace & Defense
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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.
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February 20, 2024
5th Circ. Pauses Transfer Order In SpaceX, NLRB Dispute
The Fifth Circuit pressed pause on a Texas district court's order to transfer SpaceX's suit over the constitutionality of the NLRB's structure to California, staying the lower court's decision while the appeals court considers the company's petition for writ of mandamus.
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February 20, 2024
Justices Decline Bid For Unanimous Court-Martial Verdicts
The U.S. Supreme Court on Tuesday refused to take up a former U.S. Air Force sergeant's petition seeking to make court-martial rulings unanimous, leaving in place his divided guilty verdict on two counts of attempted sexual abuse.
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February 20, 2024
Navalny's Death Pushes Biden To Ramp Up Russian Sanctions
The White House said Tuesday that it will introduce new sanctions on Russia later this week in response to Russian opposition leader Alexei Navalny's death in custody, saying Russian President Vladimir Putin was ultimately responsible.
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February 20, 2024
Ransomware Group LockBit Hit By Coordinated Crackdown
Two suspects linked to LockBit have been arrested and dozens of servers taken down as part of a global operation to disrupt the Russia-based ransomware group's activities, law enforcement agencies said Tuesday.
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February 20, 2024
Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash
The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.
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February 20, 2024
Extraditing Assange For Political Offenses Breaches Int'l Law
Extraditing Julian Assange to face espionage charges in the U.S. would be a fundamental breach of international laws that protect "pure political offenses," lawyers for the WikiLeaks founder argued at his last-ditch appeal in London on Tuesday.
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February 19, 2024
Assange Poised To Make Final Bid To Halt Extradition To US
Julian Assange will make what could be his final legal challenge on Tuesday in his long-running battle to avoid being sent to the U.S. on espionage charges arising from the publication of classified documents more than a decade ago.
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February 16, 2024
Nat'l Security Bar Kills Ex-Raytheon Worker's Retaliation Suit
The Fifth Circuit on Thursday refused to revive an engineer's claims that he was fired by defense contractor Raytheon for raising concerns about a naval system, saying that reviewing the case would implicate the Pentagon's protected decision to revoke his security clearance.
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February 16, 2024
You Want Judge Reyna To Have Coffee With Your Brief
U.S. Circuit Judge Jimmie V. Reyna on Friday told intellectual property attorneys that the best way to establish credibility at the Federal Circuit is through a well-written brief, saying otherwise they put him in a bad position and deprive him of coffee.
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February 16, 2024
Judge Wary Of Boeing's Bid To Duck Birth Defect Suit
A Washington state judge pressed Boeing on Friday to explain why it should get a "free pass" in a lawsuit over birth defects allegedly caused by factory workers' chemical exposure, questioning the aerospace giant's argument that it didn't have a duty to workers' future children based on foreseeable harm.
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February 16, 2024
Ex-FBI Field Boss Gets 28 Months For Foreign Payouts
A former FBI field office supervisor was sentenced Friday to 28 months in prison for failing to disclose a $225,000 payment that he received from a former Albanian intelligence official while overseeing counterintelligence matters at the bureau.
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February 16, 2024
House Lawmakers Unveil $66.3B Military, Border Bill
A bipartisan group of U.S. House of Representatives lawmakers introduced legislation on Friday that would provide $66.32 billion to support Ukraine, Israel and Taiwan, as well as enact border reforms.
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February 16, 2024
Camp Lejeune Plaintiffs Seek Appeal Of Jury Trial Denial
Two plaintiffs suing the federal government over water contamination at Camp Lejeune are asking a North Carolina federal court to allow them to appeal a judges' decision striking their bid for a jury trial, saying the issue is a novel question of law that should be answered sooner rather than later.
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February 15, 2024
Ex-ArentFox Client Tentatively Denied Conflict Case Discovery
A California state judge tentatively ruled on Thursday that government contractor Peraton Corp. cannot get discovery for ArentFox Schiff's work for a business rival around the time it represented Peraton, saying since the discovery bid relates to an arbitration provision in Peraton's retainer, what happened after it was inked is irrelevant.
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February 15, 2024
FCC Wants Licensing Revamp To Help Hatch Space Industries
The Federal Communications Commission on Thursday proposed ways to streamline federal licensing needed to support an array of services in space, including manufacturing and parts assembly.
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February 15, 2024
SpaceX Heads To Texas After Musk's Tesla Pay Package Axed
Elon Musk announced Wednesday that he is taking SpaceX's business incorporation from Delaware to Texas, after Delaware's chancellor last month struck down his proposed $55 billion Tesla pay package.
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February 15, 2024
House Committee Blasts VA, Oracle For E-Record Failures
Lawmakers on Thursday rebuked the U.S. Department of Veterans Affairs and Oracle Corp. for inadequate fixes to electronic medical records systems that they say continue to threaten the health and safety of thousands of veterans, who are not being advised of the risk.
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February 15, 2024
SpaceX Suit Over NLRB Structure Shipped To Calif.
A Texas federal judge on Thursday granted the National Labor Relations Board's request to transfer SpaceX's lawsuit claiming the agency is unconstitutionally structured to California, saying the actions the company said allowed it to file in Texas were "incidental to the principal events occurring elsewhere."
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February 15, 2024
Bogus NSA Worker To Pay SEC $2.2M In Crypto Scam Case
An alleged crypto fraudster who told would-be investors he was a former Marine and a onetime employee of the National Security Agency will pay over $2.2 million to end U.S. Securities and Exchange Commission claims he faces in Florida federal court.
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February 15, 2024
DOJ Says It Disrupted Russian Router Malware Network
The U.S. Department of Justice said Thursday it had disabled a network of office internet routers that were being used by a Russian intelligence unit to engage in malware campaigns against U.S. and foreign governments as well as military officials and corporations.
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February 15, 2024
La. Co. Fails To Prove Army Misled In $14M Canal Fix Deal
A New Orleans contractor can't get cost adjustments on a $14.6 million deal with the U.S. Army Corps of Engineers to remediate canal erosion, after a dispute resolution board found no difference between the contract's description of the site and actual site conditions.
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February 15, 2024
Pearl Harbor Cleanup Needs Fuller Accounting, Watchdog Says
Cleaning pollution from fuel spills near the U.S. Navy base at Pearl Harbor, Hawaii, could take decades, but the U.S. Department of Defense's reports to Congress only include cost estimates through this year, making planning difficult, a government watchdog has warned.
Expert Analysis
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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.
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Joint Ventures Given More Edge In Set-Aside Contract Awards
The recent Court of Federal Claims decision in SH Synergy prompted the General Services Administration to remold proposal evaluation schemes to favor mentor-protégé joint ventures, a business structure that has taken over the world of set-aside governmentwide acquisition contracts, say Roger Abbott and Stephen Ramaley at Miles & Stockbridge.
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Defense Counsel Sentencing Lessons From Holmes Case
The recent imprisonment of Theranos founder Elizabeth Holmes highlights fundamental but sometimes overlooked sentencing practice points for white collar defense attorneys, from instilling a sense of narrative urgency in court submissions to researching potential prison facilities, says Jack Sharman at Lightfoot Franklin.