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Aerospace & Defense
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April 04, 2024
Trump Can't Duck Secret Doc Charges On Immunity Grounds
The Florida federal judge overseeing the classified documents case against Donald Trump rejected his bid Thursday to dismiss the criminal indictment against him, saying the charges don't make any reference to the Presidential Records Act that the former president said grants him immunity.
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April 04, 2024
CNN Sues DOJ For Biden's Special Counsel Interview Tapes
CNN has hit the U.S. Department of Justice with an open-records suit seeking all audio and video recordings of President Joe Biden's five-hour interview with special counsel Robert Hur last October, saying in D.C. federal court Thursday that they "will help the public evaluate Hur's decision not to charge Biden and to close the investigation into classified documents found at Biden's former office and private residence."
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April 04, 2024
Sport Aircraft Maker Icon Hits Ch. 11 With $170M Debt
Light-sport aircraft manufacturer Icon Aircraft filed for Chapter 11 protection in Delaware bankruptcy court Thursday with more than $170 million in debt and plans for an asset sale and liquidation.
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April 03, 2024
US Escapes $7.5M Demand For Bomb-Sniffing K9s In Kabul
The U.S. Court of Federal Claims has tossed a non-governmental organization's lawsuit seeking $7.5 million from the U.S. government for K9 bomb-sniffing work in an area of Afghanistan that housed foreign embassies, saying the government never agreed to guarantee payment.
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April 03, 2024
NLRB Defends Urging Calif. Court To Defy 5th Circ. In SpaceX
The National Labor Relations Board's suggestion that a California federal court should keep a transferred constitutional challenge from SpaceX even after the Fifth Circuit reversed the transfer was an act of "zealous advocacy" for itself, the board said Wednesday, responding to urgent questions from the appeals panel.
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April 03, 2024
Fed. Circ. Struggles With Ambiguity In $14M Army Corps Row
Federal Circuit judges struggled Wednesday to understand ambiguous terms in a company's contract with the U.S. Army Corps of Engineers for post-hurricane power restoration, indicating that neither party had clearly explained if the contractor has a valid $14 million claim for additional work needed.
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April 03, 2024
Ethiopian Air Trial Set For November Over Boeing's Objections
An Illinois federal judge said Wednesday that some pending lawsuits over a 2019 Ethiopian Airlines crash will go to trial late this year, despite Boeing's objections that he should hold off on setting a trial date to allow for fruitful settlement negotiations.
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April 03, 2024
Special Counsel Tells Judge Cannon To Rule On PRA Issue
The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate told U.S. District Judge Aileen Cannon that she needs to rule on Trump's argument that he was authorized under the Presidential Records Act to take the documents and cannot send the question of law to the jury.
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April 02, 2024
DC Circ. Says FCC Must Rethink Terms For Chinese Video Ban
The D.C. Circuit ordered the Federal Communications Commission to revise its definition of "critical infrastructure," but still upheld the agency's decision to ban the marketing and sale of video surveillance equipment from two Chinese manufacturers in a new ruling Tuesday.
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April 02, 2024
Feds Want 2 Years For Culprit In Fake NASA Contracts Plot
Prosecutors urged a Virginia federal judge to sentence a Michigan man to 25 months in prison Tuesday after he admitted to defrauding investors through fake NASA contracts, seeking a sentence lighter than the guideline range because he spent eight grueling months in a Philippines detention center before he was in U.S. custody.
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April 02, 2024
9th Circ. To Hear Ex-Theranos Execs' Criminal Appeals In June
The Ninth Circuit has set oral arguments in former Theranos CEO Elizabeth Holmes' high-stakes appeal of her criminal securities fraud conviction and 11-year prison sentence for June 11 — the same day the panel is scheduled to hear arguments in convicted ex-Theranos executive Ramesh "Sunny" Balwani's appeal.
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April 02, 2024
Crowell & Moring Attys Avoid Bias Fault In Army Deal Protest
The U.S. Government Accountability Office denied a Virginia-based defense contractor's protest of a $192.7 million U.S. Army technical and engineering support deal but refused to fault Crowell & Moring LLP attorneys for representing the contractor despite conflict of interest allegations.
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April 02, 2024
Ex-Army Officer Says Gov't Smeared Him With False Claims
A former major general in the U.S. Army on Tuesday sued the U.S. Department of Defense and others, alleging that the government wrongly recorded him as having assaulted his partner, despite her recanting the allegations and admitting they were a ploy to seek attention.
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April 02, 2024
2 Firms Seek To Lead Boeing 737 Max Safety Investor Suit
Labaton Keller Sucharow LLP and Robbins Geller Rudman & Dowd LLP have each asked a Virginia federal judge for a lead role in a securities lawsuit against Boeing over the safety of its 737 Max jets and the role Boeing's top brass allegedly played in diminishing shareholder value.
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April 02, 2024
USPTO Targeted In Brothers' Patent Litigation Campaign
Two brothers who are software engineers and claim to have invented two-factor authorization are accusing the U.S. Patent and Trademark Office of infringing their patents with its sign-in website.
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April 02, 2024
Feds Back The Retooled Bribery Case Against Sen. Menendez
Federal prosecutors on Monday hit back at a "meritless" bid by Sen. Robert Menendez and his wife and business associates to ditch a superseding indictment for an elaborate bribery scheme, citing a plenitude of case law in an effort to knock down the defendants' assertions the retooled charges are "duplicitous" and lodged in the wrong court.
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April 02, 2024
Boston Bomber Case Offers Clues For Trump Jury Selection
A recent ruling that may undo the Boston Marathon bomber's death sentence holds lessons for Donald Trump's upcoming trials, where attorneys will need to make prospective jurors comfortable enough to admit bias before they're picked — and potentially avoid years of appellate fights.
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April 02, 2024
20 Republican-Led States Urge Justices To Ax Climate Suits
A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.
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April 01, 2024
Intel Hid Chip Production Delays From Investors, 9th Circ. Told
Intel investors urged the Ninth Circuit on Monday to revive a proposed class action alleging that the tech giant hid problems with the production of its highly anticipated new computer processors, arguing that Intel repeatedly assured investors that production was "on track," even when Intel management allegedly knew Intel wouldn't meet certain deadlines.
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April 01, 2024
FCC Grants Extensions To 6 Carriers Under 'Rip And Replace'
The Federal Communications Commission is once again granting deadline extensions for the replacement of Chinese-made telecommunications equipment for service providers claiming that supply chain problems and the lack of full "rip and replace" funding is delaying the work.
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April 01, 2024
DC Circ. Rejects Navarro's Presidential Records Appeal
The D.C. Circuit on Monday ruled that the federal government can use a 1978 law governing the preservation of presidential records to force former Trump adviser Peter Navarro to turn over emails from his time at the White House.
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April 01, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.
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April 01, 2024
Ex-Pharma Co. Exec Denies Signing Noncompete Deal
The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.
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April 01, 2024
Indicted Crypto Whiz Says Software Development Not A Crime
The founder of the Tornado Cash cryptocurrency exchange told a Manhattan federal judge that the government had wrongly charged him with scheming to launder money and dodge sanctions, saying that the only agreement he'd made with others was to build legal, open-source software.
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April 01, 2024
Fla. Judge Says Saudi Arabia Immune From Navy Attack Suit
A Florida federal judge freed Saudi Arabia from a lawsuit alleging its responsibility for a Royal Saudi Air Force lieutenant's deadly shooting attack at a Pensacola Navy base, saying attack victims failed to overcome the country's immunity from U.S. lawsuits.
Expert Analysis
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Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny
In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Del. Dispatch: Refining M&A Terms After Twitter Investor Suit
The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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Unpacking GAO's FY 2023 Bid Protest Report
The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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White House AI Order Balances Innovation And Regulation
President Joe Biden’s recently issued executive order on artificial intelligence lays out a sprawling list of directives aimed at establishing standards for safety, security and privacy protection, and may help strike the balance between the freedom to innovate and the need to impose regulation in this rapidly evolving space, say Kristen Logan and Martin Zoltick at Rothwell Figg.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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What Can Be Learned From 3M's Iran Sanctions Settlement
3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Suspension And Debarment: FY 2023 By The Numbers
A comparative analysis of System for Award Management data, culminating with fiscal year 2023, reveals a year-over-year drop in annual suspension and debarment numbers so significant as to leave the government contracting community trying to figure out what is happening, says David Robbins at Jenner & Block.