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Aerospace & Defense
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May 29, 2024
FCC Chief Floats Plan To Cut Down On Orbital Satellite Debris
The Federal Communications Commission's chair proposed new rules Wednesday aiming to reduce the chances of spacecraft explosions that leave debris in orbit.
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May 29, 2024
GAO Claims Jurisdiction And Denies Novel AI Protest
The U.S. Government Accountability Office ruled it had the authority to hear a novel dispute over a company's exclusion from an Army prize competition for artificial intelligence technology because the competition could have eventually led to a contract, but ultimately rejected the protest.
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May 29, 2024
Israeli Nanotech Startup, Canadian Biotech Plot US IPOs
An Israeli nanotech startup launched plans Wednesday for an estimated $75 million U.S. initial public offering, while a Canadian-listed biotechnology company also filed documents to tap U.S. markets, adding to a recent spate of cross-border listings.
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May 29, 2024
House Judiciary Leaders Seek Briefing On FISA Court Access
The top Republican and Democrat on the U.S. House Judiciary Committee are looking for an update on a request by members of Congress for access to the secretive proceedings of the court that hears matters on the controversial warrantless foreign surveillance law.
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May 29, 2024
9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit
An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bias against his military status by not renewing his contract after he deployed.
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May 29, 2024
Menendez Trial Judge Sticks With Order Barring Texts
The federal judge presiding over the corruption trial of U.S. Sen. Robert Menendez announced Wednesday that he is holding firm to his decision barring prosecutors from using text messages to bolster their claims that the New Jersey Democrat took bribes in exchange for authorizing millions of dollars in aid for Egypt.
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May 28, 2024
Boeing Jury Urged To Reject Electric Startup's $200M IP Ask
Counsel for Boeing Co. told a jury to reject Zunum Aero Inc.'s claim it deserves nearly $200 million for alleged trade secrets misappropriation, saying during closing arguments Tuesday that Zunum wants to shift blame away from its own failures.
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May 28, 2024
GSA Audit Authority Ruling Bars Crowley Suit Over DOD Deal
A Court of Federal Claims judge has rejected Crowley Government Services Inc.'s protest over the terms of a U.S. Transportation Command solicitation for freight services, saying the company effectively attempted to relitigate an already decided dispute over the General Services Administration's audit authority.
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
Ex-CIA Officer Admits Sharing Classified Info With China
A retired CIA agent who most recently worked as a contract linguist for the FBI pleaded guilty Friday in Hawaii federal court to conspiring to collect and share classified U.S. national security information with China, according to the U.S. Attorney's Office.
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May 28, 2024
TransDigm Buys Fellow Aerospace Biz In $655M Cash Deal
Aerospace company TransDigm Inc., advised by BakerHostetler, on Tuesday unveiled plans to acquire Vedder Price PC-led Raptor Scientific for $655 million in cash.
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May 28, 2024
$3.1B Satellite Deal Needs Justices' Review, Co. Says
A broker accusing Lockheed Martin and Airbus of cutting it from a $3.1 billion military satellite deal opposed the Biden administration's contention that a U.S. Supreme Court review isn't needed, saying the administration incorrectly focused on an underlying F-35 deal.
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May 28, 2024
5 Firms To Steer Pair Of Large IPOs That Could Net $1.8B Total
Private-equity backed hospital billing firm Waystar Holding Corp. and aluminum recycling giant Novelis Inc. on Tuesday launched plans for two initial public offerings that could raise an estimated $1.8 billion combined, guided by five law firms, potentially testing the strength of the IPO market's recovery.
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May 28, 2024
Serial Numbers Tie Gold Bars To Menendez, Jury Hears
The executive assistant of a New Jersey real estate developer on trial alongside U.S. Sen. Robert Menendez linked her boss to some of the gold bars found in the congressman's New Jersey home, confirming Tuesday that the serial numbers of her employer's stash of bars matched the ones stamped on the flashy evidence.
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May 24, 2024
Senate Republican Eyes Tutor.com's China Ties, Data Use
The top Republican on the U.S. Senate's health and education committee has launched an investigation into Tutor.com, a Chinese-controlled web service of The Princeton Review that offers students online tutoring, saying China's Communist Party may be exploiting users' sensitive data.
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May 24, 2024
SEC Hits Back At SolarWinds' 'Distortion' Allegations
The U.S. Securities and Exchange Commission sent a letter to a New York federal judge Friday pushing back on SolarWinds Corp.'s accusations that it was overstating and distorting its case against the government contractor over a data hack, saying its complaint is "well-grounded in facts" uncovered during its investigation.
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May 24, 2024
Claims Court Won't Toss $1.1M Breach Suit Against Navy
The U.S. Court of Federal Claims won't free the U.S. Navy from a $1.1 million breach-of-contract case from an engineering contractor, saying its handling of indirect and billing rates potentially amounted to a breach.
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May 24, 2024
Contractor Entitled To Share In Navy Savings, Board Rules
The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.
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May 24, 2024
GE Immune From Navy Member's Cancer Suit, 3rd Circ. Says
The Third Circuit on Friday declined to revive a suit seeking to hold General Electric liable for failing to warn a deceased U.S. Navy veteran about asbestos risks at a government nuclear facility, ruling that derivative sovereign immunity bars the suit's claims.
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May 24, 2024
FCC Calls For Fresh Comments On Orbital Debris Rulemaking
The Federal Communications Commission is hitting the "refresh" button on orbital debris rulemaking, issuing a new call for public input on potential agency rules.
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May 24, 2024
Navy Owes Crane Contractor $5M After Refusing Proposed Fix
The Armed Services Board of Contract Appeals ruled that the U.S. Navy must pay a Konecranes ABP unit roughly $4.9 million after the Navy wrongly refused to accept a proposed fix for problems discovered before delivery of a crane.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
3rd Circ. Backs US Immunity Over Marine Recruit's Death
The Third Circuit has said that "tragedy does not trump sovereign immunity" in a precedential ruling finding that the federal government is immune from a wrongful death suit brought by a U.S. Marine Corps recruit's family after he crashed his car and died on the way to an event for the corps.
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May 24, 2024
FCC Probing Unauthorized Navigation Satellite Signals In US
The Federal Communications Commission is continuing its investigation into U.S. phones receiving unauthorized Russian and Chinese navigation satellite signals, but FCC Chair Jessica Rosenworcel told lawmakers last week that she didn't have much more to share on the inquiry.
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May 24, 2024
NLRB Wants 2nd SpaceX Suit Paused Amid Venue Fight
The National Labor Relations Board asked a Texas federal judge to pause SpaceX's second challenge to the agency's constitutionality while another federal court deals with a persistent venue dispute in an earlier, nearly identical suit.
Expert Analysis
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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Breaking Down The Latest National Security Tech Regulations
Companies all along the semiconductor value chain, across all industries and all geographies, should be mindful of the nature and extent of the highly complex, sweeping U.S. export controls, and how they can impact research and development, investment, production, and sales, say Brendan Saslow and Anthony Rapa at Blank Rome.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Defense Attys Must Prep For Imminent AI Crime Enforcement
Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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New Russia Sanctions Reveal Int'l Enforcement Capabilities
Significant new U.K., U.S. and EU sanctions imposed on Russia notably target Europe-based individuals and entities accused of sanctions evasion, and with an apparent political will to enhance capabilities, the rhetoric is translating into international enforcement activity, say lawyers at Cadwalader.