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Aerospace & Defense
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April 05, 2024
Claims Court Says Leaked Contractor Info Didn't Help Rival
A U.S. Court of Federal Claims judge has rejected an aviation fuel services company's suit alleging that the Defense Logistics Agency wrongly failed to mitigate the inadvertent release of sensitive information to the Miami company's rival, saying the agency reasonably determined that the information wasn't competitively useful.
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April 05, 2024
Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work
Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses.
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April 05, 2024
Ex-Marine, Jan. 6 Rioter Gets 21 Months In Vax Card Scam
A former U.S. Marines reservist was sentenced Friday to 21 months in prison after pleading guilty to scheming to distribute fraudulent COVID-19 vaccine cards.
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April 05, 2024
Boeing Pays Alaska Airlines $160M For 737 Midair Blowout
The Boeing Co. has paid $160 million to Alaska Airlines for losses from the midair door plug blowout on a 737 MAX jet that horrified passengers, grounded planes and disrupted flights, according to a regulatory filing from the airline.
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April 05, 2024
Families Fight To Keep Military Chopper Crash Suit In US
The families of six Canadian military personnel killed in a helicopter crash off the coast of Greece are urging a Pennsylvania federal judge to keep their liability claims against the aircraft's maker in the United States, arguing that the company's bid to transfer the case to Canada is a stalling tactic.
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April 05, 2024
Fla. Men Admit To Illegally Sending Aircraft Parts To Russia
Two Florida residents pled guilty this week in Arizona to conspiracy to violate the Export Control Reform Act by illegally exporting controlled aviation technology to Russia.
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April 05, 2024
Justices Urged To Mull Hezbollah-Tied Bank's Immunity 'Now'
U.S. victims of terrorist attacks in Iraq warned the U.S. Supreme Court that forgoing review on whether a defunct Lebanese bank can claim sovereign immunity from allegations the bank funded Hezbollah would have negative implications on disputes involving foreign trade.
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April 05, 2024
Judicial Nominees On Schumer's Post-Recess To-Do List
Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.
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April 05, 2024
Ex-Acting Homeland Security GC Joins Nixon Peabody In DC
Nixon Peabody LLP has hired the former acting general counsel of the U.S. Department of Homeland Security, who joins the firm after working with the agency for more than two decades and through four presidential administrations.
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April 04, 2024
MoneyLion's Woes Draw Del. Suit Against SPAC Insiders
Investors have sued the sponsor of a blank-check company and several of its directors and controllers in Delaware's Chancery Court, accusing them of overvaluing a merger with digital finance platform MoneyLion, which was sued by the Consumer Financial Protection Bureau in 2022.
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April 04, 2024
Bank Trade Group Urges Regulators To Sanction Navy Federal
The president of the Independent Community Bankers of America has called on regulators to block Navy Federal Credit Union from using the term "community bank" to refer to military banking facilities it operates overseas, taking aim at the credit union with scathing accusations that it is "apparently insecure enough about [its] industry to pretend" it's a community bank.
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April 04, 2024
Stanford Lecturer Says Mideast War Talk Got Him Suspended
A Black Muslim Stanford University lecturer said the school refused to renew his contract after he discussed the Israel-Hamas war in class and had students take part in a profiling and policing simulation, despite him being cleared of wrongdoing.
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April 04, 2024
Smith & Wesson Scolded At 7th Circ. For Minimizing Victims
A Seventh Circuit judge on Thursday lambasted counsel for Smith & Wesson for stating "several" people were killed or wounded in the July Fourth shooting in Highland Park, Illinois, saying he was tempted to use up some of the company's allotted time by listing the names of all 55 victims.
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April 04, 2024
Huawei Slated For 2026 Sanctions, IP Theft Trial
A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
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April 04, 2024
Claims Court Backs Defense Health Agency $31M IT Deal Pick
A U.S. Court of Federal Claims judge denied an information technology contractor's protest of a $31 million IT deal the Defense Health Agency awarded to a competitor, saying he found nothing wrong with how the agency evaluated the contractors' proposals.
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April 04, 2024
BAE Stuck $8.2B Retirement Plan With Hefty Fees, Court Told
Aerospace and defense company BAE Systems breached federal benefits law by saddling its $8.2 billion retirement plan with excessive recordkeeping fees and causing participants' savings to plummet, a proposed class action filed in D.C. federal court said.
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April 04, 2024
Wireless Orgs Say DOD's 3 GHz Sharing Report Is 'Incomplete'
Wireless industry interests are calling for further study on commercial use of the 3 gigahertz band following the public release of a Department of Defense report claiming that a wide range of conditions would need to be met before the band could be opened up.
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April 04, 2024
Citibank Can't Force Arbitration In Fees Suit, Veterans Say
A proposed class of military members has told the Fourth Circuit that Citibank cannot force them to arbitrate claims the bank overcharged credit card fees, arguing federal laws on military-member lending negate arbitration agreements.
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April 04, 2024
GAO Says Navy Awardee Ineligible Due To Registration Lapse
The U.S. Government Accountability Office has backed a protest over a nearly $5 million Navy custodial services contract, saying the awardee's attempt to re-register in a federal contractor database ahead of expiry didn't excuse a breach of a continuous registration requirement.
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April 04, 2024
W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm
A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.
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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.
Expert Analysis
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How Attys Can Weather The Next Disaster Litigation Crisis
On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.
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Master Service Agreements Can Mitigate Manufacturing Risks
Terms and conditions of standard contracts between manufacturers and their suppliers may not cover the numerous geopolitical, legal and technical issues that can arise in the manufacturing process in 2023 — so a master service agreement covering everything from payment terms to dispute resolution can be an excellent alternative, says Bryan Rose at Stinson.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects
Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
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Not To Be Outpaced: How The 2024 NDAA Addresses China
Both the House and Senate versions of the 2024 National Defense Authorization Act include numerous provisions aimed at strengthening U.S. deterrence and competitive positioning vis-à-vis China, while imposing significantly more disruptive burdens on government contractors and their suppliers than in prior years, say attorneys at Covington.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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RICO Trade Secret Standard Prevails Within 9th Circ. Courts
Federal courts in the Ninth Circuit seem to be requiring a relatively high degree of factual detail — arguably more than is expressly mandated by statute — to plead and maintain Racketeer and Corrupt Organizations Act claims in trade secret disputes, says Cary Sullivan at Jones Day.
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Self-Disclosure Lessons From Exemplary Corp. Resolutions
With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Bid Protest Spotlight: Unfair Advantage, Buy American Waiver
In this month's bid protest roundup, James Tucker at MoFo offers takeaways on one decision that considers unfair proposal development advantages in the context of an employee's access to nonpublic information in a prior federal government position, and another decision that reconsiders a contract award based on an inadequately supported waiver of Buy American Act restrictions.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.