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Aerospace & Defense
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March 26, 2024
Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl
A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.
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March 26, 2024
Suit Over Faulty VA Estimates Came Too Late, Claims Court Says
A contractor waited too long to sue the U.S. Department of Veterans Affairs over faulty ridership estimates for a patient transportation contract, the U.S. Court of Federal Claims said, freeing the department from nearly $10.4 million worth of claims.
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March 26, 2024
GOP Bill Would Fund FCC 'Rip And Replace' Program
A pair of Republican senators is hoping to secure funding for the Federal Communications Commission's cash-strapped "rip and replace" program, introducing a bill that would fully fund the replacement of Chinese telecommunications equipment for small network providers.
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March 26, 2024
AI Weapons Detector Faces Investor Suit After Gov't Probes
Evolv Technologies, which makes metal detectors that purportedly use artificial intelligence to detect weapons, is facing a proposed shareholder class action in Massachusetts federal court alleging that false claims about its products' abilities to screen for types of tactical knives and guns led to federal investigations and share declines.
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March 26, 2024
Army Found Not Liable For Canceled Third-Party Lease
A Court of Federal Claims judge on Tuesday tossed a $2.6 million lawsuit seeking to hold the U.S. Army liable for the early cancellation of a railroad lease, finding the railroad operator's contract was with a "middleman," not the Army itself.
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March 26, 2024
Combat Arms Earplugs Settlement Moves To Final Resolution
More than 249,000 U.S. service members who claimed they suffered permanent hearing loss due to 3M's allegedly faulty combat earplugs have signed onto the $6 billion settlement, boasting "more than 99%" participation, according to a Tuesday announcement by the company.
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March 26, 2024
Boeing Can't Exit Wash. Worker's Birth Defect Suit
A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.
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March 26, 2024
Air Force Says Flight Training Isn't Affecting Enviros' Mission
The U.S. Air Force told an Oregon federal court that environmental groups' challenge to expanded warfighter training is based on how the plan would impact local noise levels and animal habitats, and not how the plan was affecting them personally.
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March 26, 2024
FCC Partners With Agencies On Privacy Enforcement
The Federal Communications Commission said Tuesday it will ramp up enforcement with other federal and state agencies to protect sensitive data from hackers and foreign adversaries.
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March 26, 2024
Late Navy Lt.'s Dad Says Northrop Lied About Aircraft Safety
The father of a U.S. Navy lieutenant who died during an aviation training mission alleges Northrop Grumman Corp. lied to the Navy about the safety of its advanced Hawkeye aircraft despite receiving hazard reports on engine failures dating back to 2015.
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March 26, 2024
Menendez Says Corruption Case Still Wrongly Placed In NY
U.S. Sen. Robert Menendez has told a Manhattan federal judge that prosecutors' latest iteration of his corruption indictment doesn't resolve legal deficiencies that plagued previous ones, including a flimsy connection to the Southern District of New York.
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March 26, 2024
Assange Wins Lifeline In Fight Against US Extradition
Julian Assange won a lifeline on Tuesday, prolonging his fight against extradition to the U.S., after an English court delayed ruling on his case to await assurances from American authorities about his safety.
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March 25, 2024
Boeing Called Out For 'Circular' Logic In Love-Triangle Murder
A Washington federal judge suggested on Monday that it would be unfair to let Being avoid liability in the early stages of a case involving a love-triangle among workers that ended in murder, calling the argument against allowing litigation to move forward "circular."
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March 25, 2024
Subcontractor Sues Tech Co. For $1.8M Over RTX Project
A subcontractor hired to move data when RTX Corp. sold a training business to Vertex Aerospace says it plummeted into financial turmoil because master contractor Delaware North America LLC underestimated the scope and cost of the project and asked it to shoulder extra responsibilities without additional compensation.
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March 25, 2024
Gorsuch Irked At Having To Decide $3K Furlough Dispute
Justice Neil Gorsuch expressed incredulity that the U.S. Supreme Court has to resolve a Pentagon employee's $3,000 dispute stemming from a furlough decision, remarking Monday on the "extraordinary" lengths the government has gone to in fighting the case.
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March 25, 2024
GOP Reps. Re-Up Demand For Biden Classified Docs Info
Two top Republicans sent a letter to Attorney General Merrick Garland on Monday threatening to possibly hold him in contempt of Congress if he doesn't answer their subpoena for materials related to the special counsel's investigation of President Joe Biden's handling of classified documents.
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March 25, 2024
US Accuses 7 Chinese Nationals Of Hacking Conspiracy
The Biden administration filed criminal charges and issued economic sanctions on Monday against Chinese nationals who allegedly attempted hack into the accounts of government officials and defense companies under the auspices of a cyberespionage program supposedly backed by China.
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March 25, 2024
Atty Can Drop Alleged Schemer Who Didn't Pay For 2 Years
A man accused of being the mastermind behind a $2 million cannabis crowdfunding scheme must find a new lawyer after stiffing his previous counsel for nearly two years, a Michigan federal judge said Monday.
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March 25, 2024
Bank Says Immunity In Terrorism Suit Not Issue For Justices
A Lebanese bank has urged the U.S. Supreme Court not to review a Second Circuit ruling that it could have sovereign immunity over terrorism victims' claims that it funded Hezbollah, saying the appeals court had not offered a final ruling appropriate for review.
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March 25, 2024
DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional
The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.
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March 25, 2024
MNC Capital Ups Vista Outdoor Takeover Bid To $3B
Dallas, Texas-based investment firm MNC Capital Partners on Monday upped its proposed takeover bid of Vista Outdoor Inc. by approximately $1 billion after the company rejected its initial offer, now offering roughly $3 billion to purchase the sporting and outdoor products company.
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March 25, 2024
Class Cert. In United Military Leave Suit Will Have To Wait
An Illinois federal judge said he had doubts about claims that United Airlines owes pay to pilots taking military leaves, saying he'll wait for several appeals courts to decide the fate of similar suits before signing off on class certification.
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March 25, 2024
Boeing CEO To Exit At Year's End Amid 737 Max Crisis
The Boeing Co. announced Monday that President and CEO Dave Calhoun will exit the company at the end of the year, and the chair of its board will also step down, as the American aerospace giant overhauls its leadership ranks amid an enduring 737 Max crisis.
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March 22, 2024
Don't Sweep Ads Into Regs On Foreign Airtime Buys, FCC Told
A collection of broadcasters groups are asking the Federal Communications Commission to keep advertisements out of a potential commission rule requiring disclosures for foreign-sponsored airtime leases, and suggesting that the entire proposal would likely result in a court challenge if adopted.
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March 22, 2024
Success Unlikely For Menendez As Independent, Analyst Says
Although embattled Sen. Robert Menendez, under indictment on federal corruption charges, announced he will not run in New Jersey's Democratic primary but may seek reelection as an independent, the effort is likely to be fruitless, a Garden State political analyst said Friday.
Expert Analysis
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Contracts Disputes Recap: Be Mindful Of Termination Clauses
Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Best Practices For Defense Tech Startup Financing
Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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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.