Aerospace & Defense

Expert Analysis

• AML Whistleblower Rewards Law Could Be A Game Changer

  

  Whistleblower protections included in Congress' recently passed Anti-Money Laundering Act have the potential to overhaul enforcement in this area, but only if the U.S. Department of the Treasury implements the rewards program in a manner that encourages tipsters to come forward, say Jason Zuckerman and Matt Stock at Zuckerman Law.

• COVID-19 Has Broad Impact On Lost-Profit Determinations

  

  The COVID-19 pandemic is already adding new complexities to damages calculations used in lost-profit claims litigation, even in cases in which the coronavirus is not the direct cause of the breach, say Neil Ashton and Michael Yachnik at StoneTurn.

• Tips For Identifying A Culturally Competent Mediator

  

  Attorneys can pick open-minded neutrals by taking a client's race, gender, sexual orientation and nationality into account, and by ensuring the mediator is able to communicate effectively across cultures, says Anelise Codrington at Swift Currie.

• Prepare For More Electronic Device Searches At US Borders

  

  As U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection searches and seizures of electronic devices become more frequent, organizations should ensure their researchers, students and employees understand their rights and know how to respond if they are targeted, say attorneys at WilmerHale.

• A Look At Spoliation Risk In The 11th Circ., By The Numbers

  

  Attorneys at Eversheds Sutherland look at Eleventh Circuit opinions from the past five years to determine the odds of a spoliation finding, and how risks in the federal appeals court compare to those in the federal district and state courts of Alabama, Florida and Georgia.

• 2020 Uptick In PFAS Regs And Suits Heralds More Next Year

  

  Increased regulatory activity and litigation surrounding per- and polyfluoroalkyl substances this year, along with a bipartisan sense of urgency around the chemicals and ongoing discoveries about their pervasiveness, suggest even more focus on PFAS in 2021, say attorneys at Eckert Seamans.

• Biden May Have Difficulty Shifting Course On Iran Sanctions

  

  If the Biden administration tries to improve relations with Iran by returning to the nuclear deal that President Donald Trump dropped, Iranian demands for sanction-related economic damages and removal of nonnuclear sanctions will make a radical break from current policies difficult, says Jason Wilcox at Baker Botts.

• Questions To Ask After FireEye Hack

  

  The recent hacking of the cybersecurity company FireEye presents compliance reminders for FireEye customers and noncustomers, and demonstrates that no business is completely immune from the effects of cybercriminals, say Joseph DeMarco and David Hirschberg at DeVore & DeMarco.

• COVID-19 Spurs Associates To Think Bigger — Like Partners

  

  What is the firm's data on profit per partner? How do the rainmakers seal deals without pre-COVID-19 pricey dinners? Is the firm financially stable? These are the kinds of partner-level questions associates are now asking before choosing a new firm, which points to a major shift in the lateral landscape, say Kate Reder Sheikh and Rebecca Glatzer at Major Lindsey & Africa.

• Bid Protest Spotlight: Jurisdiction, Specificity, Fees And Costs

  

  In November, the U.S. Government Accountability Office considered its jurisdiction over protests of task orders under $10 million, the Federal Circuit highlighted the importance of specificity in invoking U.S. Court of Federal Claims jurisdiction, and the federal claims court reiterated rigorous standards for cost reimbursement. MoFo's Alissandra Young and David Allman review these notable decisions.

• Opinion

  GCs Are Uniquely Qualified To Lead Diversity Initiatives

  

  As guardians of their companies' codes of conduct and ethical standards, general counsel have the ability to endorse changes that will help their corporations create more diverse and equitable workplaces, says Deborah Marson at Iron Mountain.

• 3 Ways Defendants Can Nip Civil RICO Claims In The Bud

  

  Federal courts across the country have rejected civil Racketeer Influenced and Corrupt Organizations Act claims at the pleading stage in several recent cases that illustrate how defendants can utilize specificity, distinct enterprise and proximate cause to head off allegations of racketeering, says Gopi Panchapakesan at Bird Marella.

• TikTok Rulings May Clarify Scope Of Economic Powers Law

  

  Trump administration executive orders limiting China's influence over TikTok may be mooted by the incoming Biden administration, but eventual rulings in federal appellate cases challenging the orders may clarify how information exchanged via web-based media is treated under the International Emergency Economic Powers Act, say Jeremy Mishkin and Joseph Samuel at Montgomery McCracken.

• Post-Pandemic Challenges And Opportunities For Aviation

  

  The aviation industry has never endured a shock as catastrophic as COVID-19 — and while the sector will recover once vaccines are widely available, some pandemic-driven changes, like industry consolidation and greater customer disclosures, will outlive the crisis, say attorneys at Freshfields.

• Perspectives

  Judges On Race: Reducing Implicit Bias In Courtrooms

  

  With unconscious biases deeply embedded in the court system, judges must take steps to guard against the power and influence of stereotypes during jury selection, evidence admissibility hearings, bail proceedings and other areas of judicial decision making, says U.S. Circuit Judge Bernice Donald.