Aerospace & Defense

  • January 11, 2021

    NJ Developer Accuses PGA Of Influencing Army To Nix Deal

    A New Jersey developer has slammed the PGA with a federal lawsuit alleging it leveraged favors to U.S. Army personnel to sink a proposed deal that would have given the builder ownership of a military site adjacent to a Jersey City golf club where the association holds tournaments.

  • January 11, 2021

    BNSF To Pay 3M, Boeing $19M In Landfill Cleanup Fight

    BNSF Railway Co. and others will pay $18.8 million to a group including 3M and The Boeing Co. to help with remediation costs at a Washington state landfill where historic dumping has caused alleged contamination of groundwater, according to a settlement between the companies.

  • January 11, 2021

    Trump Admin. Opens Up Exports On Drone Systems

    The Trump administration finalized a new rule Monday easing export restrictions on drones capable of delivering large payloads, splitting from the guidelines of an international arms-control network that counts the U.S. as a member.

  • January 10, 2021

    Top 5 Criminal Justice Reforms Advocates Want Under Biden

    Joe Biden's election as president has sparked hope among criminal justice advocates and organizations that his administration will overhaul the U.S. criminal justice system and implement reforms they have been seeking for years.

  • January 08, 2021

    Supreme Court To Hear Guam's $160M Landfill Superfund Suit

    The U.S. Supreme Court agreed Friday to take up Guam's effort to force the U.S. Navy to chip in on a $160 million landfill cleanup effort, granting the territory's petition for writ of certiorari a little less than a year after the D.C. Circuit found that the statute of limitations had expired on the case.

  • January 08, 2021

    Ignore 'Scaremongering' On FCA Circuit Split, Justices Told

    Whistleblowers told the U.S. Supreme Court on Friday that a prominent circuit split over whether the False Claims Act requires objectively bogus billing is actually "irrelevant," and a hospice chain is engaging in "scaremongering" to convince the high court otherwise.

  • January 08, 2021

    SolarWinds Taps Ex-Cyber Chief Krebs In Wake Of Major Hack

    SolarWinds Corp., the software provider at the center of the sprawling cyber espionage campaign that has breached several government agencies and the federal court system, has retained a new cyber consulting firm created by ousted U.S. Cybersecurity and Infrastructure Security Agency director Chris Krebs and former Facebook chief security officer Alex Stamos to help recover from the likely Russia-backed cyberattack. 

  • January 08, 2021

    Air Force Can't Escape Suit Over Ex-Airman's Mass Shooting

    A Texas federal judge has denied the U.S. Air Force's bid to escape a suit over a deadly 2017 church mass shooting by a former airman, saying it breached a duty of care in failing to inform the FBI about the shooter's conviction by a court-martial.

  • January 08, 2021

    Outgoing State Dept. Officials Form New Cybersecurity Office

    The U.S. Department of State has announced plans to create a new bureau tasked with leading diplomatic cybersecurity efforts, years after the Trump administration eliminated an office with similar responsibilities. 

  • January 08, 2021

    US Sanctions Iraqi Military Leader, Citing Human Rights Abuse

    The U.S. Treasury Department announced sanctions Friday against Iraqi Popular Mobilization Committee Chairman Falih al-Fayyadh for what the department identified as a link to "serious human rights abuse."

  • January 08, 2021

    Berkshire-Owned Aerospace Co. Settles Investor Suit for $21M

    Investors of an aerospace parts manufacturer now owned by Berkshire Hathaway Inc. asked an Oregon federal judge Friday to approve a $21 million deal to end claims the company issued misleading proxy materials leading up to its merger.

  • January 08, 2021

    Law Lets Fallen Troops' Families Drop Phone, Cable Contracts

    A newly enacted law allows family members of U.S. service members killed or seriously injured in combat operations and training to exit their internet, phone and cable contracts without incurring a financial penalty.

  • January 08, 2021

    DC Circ. Unwinds CNN Win Unsealing Comey Memo Info

    The D.C. Circuit on Friday vacated CNN's win in its bid to get the FBI to unredact information relating to memos former Director James Comey wrote about his private conversations with President Donald Trump, sending the issue back to the lower court for the reapplication of a test that weighs competing interests.

  • January 08, 2021

    L3Harris, Aviation Co. Agree To End Bid-Rigging Feud

    A small, minority-owned airport operations management company has agreed to dismiss its anti-competition claims leveled against L3Harris Technologies Inc., the parties told a Virginia federal judge on Friday.

  • January 08, 2021

    DOD Official Says Anti-Drone Plan Will Improve Tech Adoption

    The U.S. Department of Defense's new anti-small drone strategy will help speed up bringing new technology on board and eliminate redundant development efforts that have seen the department ineffectively spend billions of dollars, its counter-drone chief said Friday.

  • January 08, 2021

    Assange Victory Leaves Whistleblowers, Journalists Hanging

    A U.K. court's recent refusal to endorse claims that the prosecution of Julian Assange amounts to an attack on freedom of speech highlights the need to introduce a public interest defense into English law to protect journalists and whistleblowers, lawyers say.

  • January 07, 2021

    Biden, Garland Address Capitol Mob Violence In DOJ Intro

    President-elect Joe Biden introduced D.C. Circuit Judge Merrick Garland as his pick to head the U.S. Department of Justice in a televised event Thursday, with both men pointing to the previous day's mob violence at the U.S. Capitol to highlight why the department must "restore trust" in the rule of law.

  • January 07, 2021

    Trump's Big Tech Lockout Adds Fuel To Oversight Debate

    Facebook and Twitter's suspension of President Donald Trump's accounts mark a boiling point in the debate over policing harmful online postings and could spark new efforts to oversee companies' content moderation, including by chipping away at a key liability shield.

  • January 07, 2021

    DOD Reaffirms $342M In Satellite Contracts After Protests

    The U.S. Department of Defense announced Thursday that it had re-awarded $342.5 million in missile detection satellite contracts to SpaceX and L3Harris, following a reevaluation prompted by protests from Airbus and Raytheon.

  • January 07, 2021

    FBI Tells 9th Circ. Twitter Has No Right To Pub Classified Info

    The FBI is fighting to keep Twitter from releasing a transparency report that details the instances in which the social media giant cooperated with the agency on national security matters, telling the Ninth Circuit that it's not a First Amendment issue.

  • January 07, 2021

    Trump Pulls Wolf's DHS Nomination Amid Capitol Chaos

    The White House withdrew the nomination for Chad Wolf, acting secretary of homeland security, to head the department in a permanent capacity, the same day Wolf condemned rioters who stormed the Capitol in an attempt to overturn the presidential election results.

  • January 07, 2021

    More Than 20 Firms Steered 2020's Largest Hospitality Deals

    More than 20 law firms landed work on the 10 largest hospitality deals of 2020, four of which came in above the $1 billion mark.

  • January 07, 2021

    FEMA Finalizes Rule Prioritizing Federal Medical Contracts

    The Federal Emergency Management Agency on Thursday finalized a regulation establishing that health care and medical contracts supporting national defense can take priority over all other federal and private contracts, emphasizing the rule's broad scope.

  • January 07, 2021

    7th Circ. Revives Black Cop's Bias Suit Against VA

    The Seventh Circuit on Thursday revived a Black police officer's lawsuit claiming he was disciplined too harshly after being accused of sexual harassment because a white officer in a similar situation faced lighter punishment.

  • January 07, 2021

    Mistake Outweighs Implied 'Promise' In Navy Bid Appeal

    A military contracting board has denied an appeal from a New Mexico contractor, saying that the U.S. Navy's mistaken decision to advance the company's SeaPort-NxG task order bid couldn't save it from elimination after the branch found a disqualifying error.

Expert Analysis

  • Prepare For More Electronic Device Searches At US Borders

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Challenges For The Autonomous Trucking Industry: Part 2

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    Federal legislators and regulators have remained largely deferential to states when it comes to policy on autonomous trucks, but the interstate nature of the trucking industry makes operating under different regulatory policies in different states a problem, say attorneys at Faegre Drinker.

  • Challenges For The Autonomous Trucking Industry: Part 1

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    Developers of autonomous trucks must overcome not only legal and regulatory barriers to deploying them on highways, but also public concerns over their safety and their potential to put millions of drivers out of work, say attorneys at Faegre Drinker.

  • Navigating Atty Relationship Conflicts That May Imperil Cases

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    In light of recent American Bar Association guidance on conflicts of interest posed by social or intimate relationships between opposing counsel, lawyers must carefully consider whether any personal ties could lead to ethics violations that may affect the outcome of a case, say Thomas Wilkinson and Douglas Fox at Cozen O'Connor.

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