Aerospace & Defense

  • April 25, 2018

    DHS Must Improve Cybersecurity Protections, GAO Says

    The Department of Homeland Security has made significant strides in thwarting cyberattackers in recent years but still needs to make improvements to ensure that the country's critical infrastructure is safe, a government watchdog report concluded Wednesday.

  • April 24, 2018

    Justices' Arab Bank Ruling To Force Alien Tort Suit Rethink

    A decision by the U.S. Supreme Court on Tuesday to find foreign corporations exempt from liability under the Alien Tort Statute is likely to lead to pressure on Congress to pass a law spelling out when non-U.S. companies can be sued for overseas human rights abuses, even if the prospects for such legislation appear dim.

  • April 24, 2018

    11th Circ. Backs Sentences In $37M Gov't Contracts Scheme

    The Eleventh Circuit affirmed in a published opinion Tuesday the convictions and sentences of two men for their roles in a scheme to bribe military officials to obtain trucking contracts that paid out more than $37 million, finding the pair's arguments of trial court error unavailing.

  • April 24, 2018

    Judge Doubts 'Severe' Sentence For Russia-Hired Hacker

    A California federal judge on Tuesday held off on sentencing a Canadian "hacker-for-hire" to nearly eight years in prison for breaking into thousands of email accounts, some at the bidding of Russian agents tied to a Yahoo cyberattack, saying it’s severe and he doesn’t want to create an "unwarranted sentencing disparity" among hackers.

  • April 24, 2018

    House Passes Space, Tech Development Rule Changes

    The House of Representatives passed a pair of bills Tuesday meant to make outer space and terrestrial technology development more commercially oriented, changing rules for commercial space missions and the National Science Foundation.

  • April 24, 2018

    White House Steeling For Trade Talks With China

    President Donald Trump said Tuesday that he would dispatch two of his top economic advisers to China “in a few days” to discuss the two countries’ escalating trade tensions over steel and aluminum tariffs, technology policy and intellectual property enforcement.

  • April 24, 2018

    Israeli Defense Co. Tacks $5.8M More Onto $21M IP Verdict

    A Texas federal judge has refused to upend a $21.1 million jury verdict handed down after a satellite internet service provider was found to have infringed upon an Israeli defense contractor's patent, instead tacking some $5.8 million onto the bill for royalties that accumulated before and after the trial.

  • April 24, 2018

    Royal Jordanian Airlines Sues Man Over Facebook Posts

    Royal Jordanian Airlines sued an Illinois man in federal court on Monday, alleging he made several Facebook posts accusing the company of being involved in "corruption and scandals" — accusations that Royal Jordanian denies and says are libelous and defamatory.

  • April 24, 2018

    New United Video Suits Show Stubborn Power Of Viral Media

    A year after a video of airport security officers dragging a passenger off of a United Airlines plane went viral, new litigation related to the event makes the case a model for how social media can lead to legal consequences that continue long after the public has moved on.

  • April 24, 2018

    Justices Curb Civil Suits Against Foreign Companies

    A divided U.S. Supreme Court on Tuesday ruled that litigants can't use the Alien Tort Statute to sue foreign corporations for overseas human rights abuses and violence, ending a case attempting to hold a Jordanian bank liable for its alleged financing of Palestinian militant attacks.

  • April 23, 2018

    Call Center Workers Tell DOL General Dynamics Stole Wages

    The Communications Workers of America on Monday filed complaints with the U.S. Department of Labor on behalf of workers at five call centers operated by a General Dynamics unit that handle calls for the Centers for Medicare and Medicaid Services, accusing the company of “widespread wage theft.”

  • April 23, 2018

    Defense Agency's $124M Contract Properly Awarded: GAO

    The Defense Information Systems Agency reasonably awarded a $123.8 million contract for agency program support, the U.S. Government Accountability Office ruled, saying an awardee partner met the contract requirements at the time of contract award, even if it didn’t at the time of bidding.

  • April 23, 2018

    Russia-Hired Hacker Seeks Too-Light Sentence, Gov't Says

    The government told a California federal court Saturday that a Canadian “hacker-for-hire” should receive roughly double the almost four-year sentence he claims to deserve for breaking into thousands of email accounts, some at the bidding of Russian government agents tied to a Yahoo cyberattack, saying he downplayed the harm he caused.

  • April 23, 2018

    Army Reservists Fight Bid To Narrow Naturalization Class

    A class of noncitizen Army reservists who allege that the Trump administration is unlawfully holding up their naturalization applications told a Washington, D.C., federal judge Friday that the government is wrongly trying to use potential administrative difficulties to narrow the scope of their class and urged her to reject the move.

  • April 23, 2018

    BuzzFeed Seeks Hague's Help In Tech Exec's Libel Suit

    BuzzFeed is trying to get more information from overseas banks about whether its publication of a dossier alleging ties between Russia and President Donald Trump had any effects on the business of a Russian tech executive named in the dossier, according to requests for international judicial assistance sent to The Hague by a Florida federal judge.

  • April 20, 2018

    Fired FBI Deputy McCabe Getting Legal Defense Fund

    Andrew McCabe’s lawyer announced Friday the creation of a legal defense fund for the fired FBI deputy director and frequent target of President Donald Trump who is now considering civil litigation against the administration even as federal prosecutors mull a referral for criminal charges.

  • April 20, 2018

    Orbital ATK Ordered To Fork Over Docs In Securities Suit

    A Virginia magistrate judge has given Orbital ATK Inc. until May 1 to produce all of the documents that shareholders accused the company of withholding during discovery for their suit claiming they were misled by Orbital about losses incurred on a $2.3 billion U.S. Army ammunition deal.

  • April 20, 2018

    Deals Rumor Mill: Walmart, Xerox, Cosco Shipping

    Walmart’s deal to buy a more than 51 percent stake in Indian e-commerce company Flipkart could come as soon as next week, Fujifilm and Xerox are working on renegotiating their $6.1 billion planned tie-up, and a deal by Cosco Shipping has sparked national security concerns.

  • April 20, 2018

    Navy Sec. Seeks Way To Keep Adversaries Out Of DOD Deals

    Navy Secretary Richard Spencer at a Senate panel hearing Thursday called on the U.S. Department of Defense to develop an algorithm to detect and prevent instances of adversaries accessing sensitive information through contracts, pointing to a close call involving Chinese telecommunication equipment company Huawei Technologies.

  • April 20, 2018

    US Appeals After 'Enemy Combatant' Transfer Blocked

    The federal government appealed Friday after a D.C. federal judge blocked it from transferring to another country a U.S. citizen whom the American military is holding in Iraq amid accusations he fought for the Islamic State militant group.

Expert Analysis

  • CFIUS Scrutiny Of Foreign Acquisitions Intensifies

    John Barker

    The environment for foreign investment in the United States is shifting. Most recently, the Chinese acquisition of MoneyGram was derailed after the Committee on Foreign Investment in the United States rejected proposals offered to try to mitigate national security concerns. At the same time, U.S. legislation to enhance CFIUS controls seems to be gaining momentum, say attorneys with Arnold & Porter.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • Movements Without Motion In Russian Sanctions Policy

    Fatema Merchant

    Current sanctions appear not to deter Russian bad behavior. And the much anticipated oligarchs list appears to have been cribbed from someone else’s homework. Taking the two together, one begins to suspect that the Trump administration, without a further push from Congress or world events, will continue to resist ratcheting up Russia sanctions, say members of Sheppard Mullin Richter & Hampton LLP.

  • Fed. Circ. To Decide Future Of Commercial Item Contracting

    Nathaniel Castellano

    If the Federal Circuit affirms in Palantir, it could breathe a new life into the Federal Acquisition Streamlining Act’s requirements to favor nondevelopmental approaches. But such a rejuvenation of FASA may prove to be a double-edged sword, say Nathaniel Castellano and Charles Blanchard of Arnold & Porter.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Aviation Update: Was 2017 Really The Safest Year Ever?

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    While improved procedures and automated systems have contributed to excellent airline safety in recent years, tragedies can still result from pilots’ failure to understand the limitations of those systems, as well as from poor crew resource management, demanding flying conditions and operational and maintenance issues at low-cost carriers, says Alan Hoffman, a retired attorney and private pilot.

  • Problematic Aspects Of DOD Commercial Item Rule

    Angela Styles

    Curiously, in implementing the 2016 National Defense Authorization Act commercial item provisions, the final rule issued by the U.S. Department of Defense last week ignores updated and conflicting commercial item provisions in the 2017 and 2018 NDAAs and creates layers of bureaucracy and cost for contractors and contracting officers, say Angela Styles and Josh Freda of Bracewell LLP.

  • Power, Corruption And Lies: How Juries Are Responding

    Melissa Gomez

    The American public increasingly perceives that powerful people and institutions use their authority in selfish ways. And in the courtroom, jurors are homing in on where the power lies in a case story, and how that power is used. Those of us in litigation must heed the messages jurors are sending, says Melissa Gomez of MMG Jury Consulting LLC.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.