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Aerospace & Defense
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May 08, 2024
Boeing Again Seeks Exit From Suit Over Love-Triangle Murder
The Boeing Co. is again asking a Seattle federal judge to let it escape liability in a case involving a love triangle among employees that ended in murder, saying the newest iteration of the suit still doesn't adequately allege Boeing knew or should have known about the employee's potential for violence.
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May 08, 2024
New Treasury Rule Amps Up Reporting Burden For Banks
The U.S. Department of the Treasury introduced an interim final rule Wednesday that refines and further expands recent increases in reporting requirements, including a new obligation for financial institutions to notify the federal government any time they unblock frozen assets.
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May 08, 2024
Fla. Defense Contractor Admits To Selling Parts From Turkey
A Florida defense contractor has pled guilty to federal conspiracy charges in connection to a scheme to defraud the U.S. Department of Defense, admitting that she violated export control laws by using a front company to supply critical military components that were manufactured in Turkey.
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May 08, 2024
Fed. Circ. Denies Siemens' Bid For Navy Energy Audit Costs
The Federal Circuit ruled Wednesday that the U.S. Navy doesn't owe a Siemens unit $5.7 million for costs the company incurred to investigate potential energy savings measures at two military installations, saying a related contract clearly didn't cover those costs.
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May 08, 2024
GAO Backs DLA's Sole-Source Fuel Deal With Iraqi Contractor
The U.S. Government Accountability Office has dismissed a Virginia company's protest of a jet fuel contract the Defense Logistics Agency awarded to an Iraqi competitor, saying the protester's challenge of the deal was based on factual inaccuracies.
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May 08, 2024
Taliban's Unexpected Takeover Dooms Contractor's $1.5M Suit
An administrative appeals board refused to order the U.S. Army Corps of Engineers to reimburse a contractor for $1.5 million of equipment lost while evacuating Afghanistan, saying it couldn't have anticipated in 2019 a Taliban takeover just over two years later.
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May 08, 2024
Fishermen Drop $35M Coast Guard Kidnapping Claims
A pair of fishermen who accused the U.S. Coast Guard of "kidnapping" them for 10 days at sea, destroying their ship and getting them sent to prison for years on drug charges that were later dismissed have voluntarily dropped their $35 million suit over the incident.
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May 08, 2024
Kirkland Drives Vance Street To $775M Fund IV Closing
Los Angeles-based private equity shop Vance Street Capital, advised by Kirkland & Ellis LLP, on Wednesday announced it held the first and final close for its fourth fund with $775 million in tow.
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May 08, 2024
DOD Trucking Contractor Owner Indicted On $1M Tax Evasion
The owner of a trucking company that hauled military supplies for the U.S. Department of Defense tried to evade more than $1 million in taxes partly by using a nominee company headed by her former dispatcher, according to an indictment by a federal grand jury in Ohio.
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May 07, 2024
DOJ's 'Dr. Doom' Sees AI's Crime-Fighting Abilities, And Risks
The U.S. Department of Justice is using artificial intelligence to bolster its investigations, including into the Jan. 6 attack on the U.S. Capitol, said U.S. Deputy Attorney General Lisa Monaco on Tuesday at a cybersecurity conference at which she dove into the beneficial uses of AI alongside its threats to security and democracy.
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May 07, 2024
85 Lawmakers Join Chorus Opposing Space Force Transfers
A bipartisan group of 85 federal lawmakers on Tuesday joined all 50 state governors in opposing a proposal to allow Air National Guard units to be transferred to the U.S. Space Force without gubernatorial approval, arguing the measure would undermine "the integrity and longstanding mission of the National Guard."
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May 07, 2024
AIG Insurers Near Deal With Foam Co. Over MDL Coverage
Firefighting foam company Tyco Fire Products LP and a group of AIG insurers have reached a tentative settlement that would resolve a dispute over coverage of multidistrict litigation involving Tyco over so-called forever chemicals, according to a notice filed Tuesday in South Carolina federal court.
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May 07, 2024
Judge Bars Prominent Expert From Vets' Contract FCA Trial
A D.C. federal judge on Tuesday refused to allow a former senior Small Business Administration official to testify in a pending False Claims Act trial over an alleged scheme to defraud a veterans' contracting program, saying the proposed testimony covered an irrelevant issue.
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May 07, 2024
Microsoft Announces AI For Top Secret Gov't Cloud
Microsoft announced Tuesday that it will make generative artificial intelligence tools available for federal defense and intelligence agencies as part of its cloud system for classified information, using a private network not connected to the public internet.
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May 07, 2024
Commerce Revokes Huawei Export Licenses
The U.S. Department of Commerce has revoked active export licenses for Chinese technology giant Huawei, an agency spokesperson confirmed Tuesday, the same day the company's Intel-powered Matebook X Pro 2024 laptop hit the international market.
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May 07, 2024
Boeing Can't Widen Ethiopian Airlines Test Case Pool
An Illinois federal judge chose six cases Tuesday for a November trial over the Ethiopian Airlines Flight 302 crash and gave Boeing the power to decide the order in which they'll face a jury, finding a middle road between sides sparring over how to select the bellwether cases.
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May 07, 2024
Florida Judge Delays Trump's Classified Docs Trial Indefinitely
The Florida judge overseeing the criminal case that accuses former President Donald Trump of holding onto classified documents upon leaving office extended indefinitely the planned May 20 start of the trial, citing "myriad and interconnected pretrial" issues regarding the Classified Information Procedures Act, according to a federal court order filed on Tuesday.
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May 07, 2024
NTIA To Dole Out $420M For Open RAN Development
The National Telecommunications and Information Administration is putting another $420 million toward the radio equipment needed to develop open radio access networks, which many have pointed to as the solution for pivoting away from Chinese-made technology due to security concerns.
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May 07, 2024
Lockheed Accused Of Causing $8.25M Damages In Ship Tests
A marine transportation company took Lockheed Martin Corp. to Michigan federal court, accusing the defense contractor of negligently causing $8.25 million worth of damages to its dock while testing a naval combat vessel.
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May 07, 2024
Russian Charged Over $100M LockBit Ransomware Scheme
Federal prosecutors said Tuesday they have charged a Russian national with founding and heading the prolific ransomware group LockBit, which is accused of stealing more than $100 million from its victims.
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May 07, 2024
Spirit Aerosystems Eyes Buyout By Boeing Amid Safety Probe
Boeing is in talks to acquire aerospace supplier Spirit AeroSystems, which took a first-quarter hit partly due to Boeing 737 production delays and a safety investigation resulting from a midair 737 door plug blowout in January, Spirit announced Tuesday.
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May 07, 2024
Clyde & Co. Continues Aviation Growth With K&L Gates Atty
Clyde & Co. has announced it hired a new partner in New York from K&L Gates who brings over 30 years of experience working on aviation, project and transportation finance matters.
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May 07, 2024
Amazon Worker Wants Class Cert. In Military Leave Suit
A former Amazon worker urged a New York federal court to greenlight a more than 9,000-member class of military reservists in her lawsuit accusing the e-commerce giant of failing to provide paid leave for employees on active duty, saying the dispute is best suited for class treatment.
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May 07, 2024
TikTok Urges DC Circ. To Ax 'Unprecedented' Divestment Bill
TikTok on Tuesday lodged its highly anticipated challenge to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company, telling the D.C. Circuit that the measure amounts to an unconstitutional and unprecedented ban on free speech.
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May 06, 2024
FAA Says It's Looking Into Boeing 787 Dreamliner Inspections
The Federal Aviation Administration said Monday that it's looking into whether Boeing completed required inspections of its 787 Dreamliner planes and potentially falsified aircraft records.
Expert Analysis
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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Wesco Ch. 11 Ruling Marks Shift In Uptier Claim Treatment
A Texas bankruptcy court’s recent decision in In re: Wesco Aircraft Holdings leaves nonparticipating creditors with a road map to litigate to judgment non-pro rata liability management transactions, and foreshadows that bankruptcy courts may no longer be a friendly forum for these types of claims, say attorneys at Ropes & Gray.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How The FAA Is Embracing Simplified Flight Controls
The Federal Aviation Administration's openness to approving simplified flight controls as part of its forthcoming refresh of regulations governing light-sport aircraft and sport pilot certificates is valuable and welcome — and the same approach can be brought to general aviation aircraft, says Paul Alp at Adams and Reese.
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Making The Pitch For A Civil Resolution In A Criminal Case
Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
OFAC Should Loosen Restrictions On Arbitration Services
The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.