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Aerospace & Defense
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May 02, 2025
No Basis For $62M Sub Maintenance Award Protest, GAO Says
An incumbent contractor challenging the Navy's decision to award a $62 million task order for nuclear submarine maintenance support services to another company failed to show that its proposal was not reasonably considered, the U.S. Government Accountability Office said.
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May 01, 2025
Troops Urge High Court To Keep Transgender Ban On Ice
Several transgender service members and recruits told the U.S. Supreme Court on Thursday to reject the Trump administration's bid to lift a federal judge's order prohibiting implementation of the Pentagon's ban on transgender military service, claiming the policy is so deeply rooted in animosity that it won't survive judicial inspection.
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May 01, 2025
WhatsApp Trial Judge Bars NSO's 'Outlandish' IP Theft Claim
A California federal judge presiding over a damages trial over how much Israeli spyware-maker NSO Group owes for hacking 1,400 WhatsApp users' devices ruled Thursday NSO's counsel violated multiple pretrial orders, finding corrective instructions are warranted and barring counsel from making the "outlandish" claim Meta Platforms' spyware-attack remediation was trade secret theft.
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May 01, 2025
Board Denies Corps Bid To Trim Some Hangar Project Claims
The Armed Services Board of Contract Appeals refused to toss some claims that a company seeking over $6 million in damages from the Army Corps of Engineers lodged over delays and cost increases on a hangar reconstruction project at Davis-Monthan Air Force Base in Arizona.
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May 01, 2025
Army Contractor Seeks $1.3M Over Undelivered Cable Sets
A U.S. Army contractor sued a custom cable manufacturer in Texas federal court Thursday, alleging that it is owed more than $1.3 million for specialized cable sets that were never delivered.
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May 01, 2025
US Tells Justices Telemedicine Case Isn't Ideal For Eligibility
The Justice Department is urging the U.S. Supreme Court to reject a petition over the eligibility of telemedicine patents it's accused of infringing, but it said that if the petition is granted, it plans to argue the patents shouldn't have been invalidated as abstract.
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May 01, 2025
Hawaii Tenant's Tainted Water Eviction Claims Survive Ruling
A Hawaii federal judge preserved a tenant's claims that he was effectively evicted from his home when a landlord failed to identify or warn of water contamination caused by leaks in 2021 at a U.S. Navy fuel storage facility on Pearl Harbor.
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May 01, 2025
9th Circ. Asked To Revisit Ruling On Guam Munitions Suit
A Ninth Circuit decision allowing a Guam group to challenge an Air Force permit renewal application to detonate expired munitions conflicts with precedent and threatens to burden permit applicants, agencies and courts, the U.S. government said in a rehearing petition filed Wednesday.
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May 01, 2025
Senate Panel Delays A Vote On Martin Nomination For US Atty
The Senate Judiciary Committee on Thursday held off for now a vote to call for a hearing on Ed Martin's nomination for U.S. attorney for the District of Columbia, a move Democrats say would allow more time to review his record and, they hope, convince enough Republicans to help them block his nomination.
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May 01, 2025
Raytheon, Nightwing To Pay Feds $8.4M Over Cybersecurity
Four Raytheon and Nightwing-related defense contractors have agreed to collectively pay $8.4 million to resolve a False Claims Act whistleblower lawsuit alleging that Raytheon knowingly failed to adhere to cybersecurity requirements during contracts with the U.S. Department of Defense, the U.S. Department of Justice announced on Thursday.
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May 01, 2025
Rubio Named As Nat'l Security Adviser After Waltz Reshuffle
President Donald Trump announced on Thursday that he will nominate Mike Waltz to be the next U.S. ambassador to the United Nations, while choosing Secretary of State Marco Rubio to take over Waltz's role as national security adviser.
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May 01, 2025
Kirkland Adds National Security Attys From DC Boutique
Kirkland & Ellis LLP picked up two national security partners from a D.C. boutique, the firm announced Thursday.
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April 30, 2025
Meta Engineers Call WhatsApp Hack 'Unprecedented' At Trial
Meta Platforms engineers testified Wednesday during a California federal jury trial over how much Israeli spyware-maker NSO Group owes Meta for hacking 1,400 WhatsApp users' devices that they spent days working around-the-clock to combat NSO's "unprecedented" spyware attack.
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April 30, 2025
CFPB Scraps More Cases, Curbs Small Biz Loan Rule Focus
The Consumer Financial Protection Bureau on Wednesday abandoned more lawsuits, including its Fifth Circuit appeal over a Biden-era policy that expanded the agency's anti-discrimination scrutiny of financial firms, and said it will not focus on enforcing a contested small business lending rule.
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April 30, 2025
Worker Says DOD Contractor Fired Him For Reporting Fraud
A former cybersecurity worker claims he was fired by a Department of Defense contractor after reporting failures to comply with the contract and billing for services the company didn't actually provide, according to a wrongful termination suit filed in Colorado federal court Wednesday.
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April 30, 2025
Feds Say Trump Has Broad Nat'l Emergency Tariff Powers
The Trump administration is urging the U.S. Court of International Trade to nix a lawsuit challenging President Donald Trump's power to impose his sweeping global tariffs, saying the plain text, history and purpose of an emergency law Trump invoked supported his authority.
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April 30, 2025
FCC Could Ban Foreign Adversaries' Testing Labs
The Federal Communications Commission plans to vote in May on whether to ban U.S. operations of telecom equipment test labs owned by foreign adversaries.
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April 30, 2025
Senate Bill Would Make FCC List Foreign Foes' Telecom Stakes
The U.S. Senate will consider a bipartisan bill to direct the Federal Communications Commission to publish a list of foreign adversaries' ownership stakes in regulated companies.
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April 30, 2025
Senate Bill Moves Ahead To Beef Up FCC Disaster Reports
A bipartisan bill to require the Federal Communications Commission release more data on disaster-related network outage reports cleared a U.S. Senate committee Wednesday.
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April 30, 2025
Space Org. Avoids Charges After Helping In China Export Case
The U.S. Department of Justice announced Wednesday it won't prosecute a NASA contractor research firm whose former employee was sentenced to prison for smuggling aeronautics software to a sanctioned Chinese university, lauding the organization's "exceptional and proactive cooperation" and timely and voluntary self-disclosures of the ex-employee's conduct.
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April 30, 2025
6 Legal Teams Launch Bids To Lead Rocket Co. Investor Suit
Six legal teams have submitted bids to represent a proposed class of investors in a suit alleging aerospace company Rocket Lab USA Inc. concealed issues that might affect its timeline for test-launching its Neutron Launch Vehicle.
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April 30, 2025
Army Fights Neb. Tribe's Bid To Repatriate Children's Remains
The U.S. Army is fighting an appeal by a Nebraska tribe to undo an order denying the repatriation of two of its children buried at a Pennsylvania boarding school cemetery, telling the Fourth Circuit that the lawsuit fails to allege facts under a law designed to protect Indigenous burial sites.
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April 30, 2025
Senate Panel Clears Trump's Pick For 3rd FCC Republican
A key U.S. Senate committee on Wednesday advanced President Donald Trump's nominee for the third Republican seat on the Federal Communications Commission.
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April 30, 2025
Marine Reservist Says Retaliation Suit Should Go To Trial
A U.S. Marine Corps reservist urged a Texas federal court to keep in play his lawsuit alleging a professional services company fired him after two months because he took time off to attend training, saying the firm's reasoning that he was let go for poor performance is bogus.
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April 30, 2025
Aerospace Biz True Anomaly Clinches $260M Funding Round
Aerospace and defense company True Anomaly Inc. on Wednesday revealed that it closed its Series C funding round after securing $260 million from private equity and venture capital investors.
Expert Analysis
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Contract Disputes Recap: Adjustments, Preclusion, Waivers
Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Compliance Lessons From Raytheon's FCPA Settlement
A recent Foreign Corrupt Practices Act action involving aerospace and defense company Raytheon underscores the importance of risk management related to retaining and overseeing third parties — especially in higher-risk jurisdictions — and the promotion of a companywide culture of compliance, say attorneys at Debevoise.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Bid Protest Spotlight: Standing, Relationships, Responsibility
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, offering helpful reminders about claims court jurisdiction and standing, meaningful-relationship commitment letters, and responsibility determinations.