Aerospace & Defense

  • December 22, 2020

    Congress Passes FAA Reform Bill Over 737 Max Crashes

    Bipartisan legislation mandating tighter controls on the Federal Aviation Administration's aircraft certification process, in response to two deadly Boeing 737 Max crashes that exposed gaps in government oversight and jet makers' outsized role in vetting their own aircraft safety, awaits President Donald Trump's signature.

  • December 22, 2020

    Northrop Agrees To Pay $104M For Long Island Site Cleanup

    Defense contractor Northrop Grumman Corp. has agreed to contribute $104.4 million toward cleanup efforts for groundwater contamination tied to its past aerospace manufacturing activities on Long Island, according to an announcement from Gov. Andrew Cuomo's office.

  • December 22, 2020

    8th Circ. Grounds Dassault Engineer's Race Bias Suit

    The Eighth Circuit on Tuesday backed Dassault Falcon Jet Corp.'s win in a race discrimination case brought by a Black senior manufacturing engineer who lost his job in a 2017 workforce reduction, unswayed by his argument that the layoff was retaliation for lodging racial bias complaints.

  • December 22, 2020

    Tech Whiz's Alleged Sanctions Violation Gets Judge's Scrutiny

    A blockchain expert accused of scheming to boost North Korea's cryptocurrency capabilities in violation of U.S. sanctions may technically not have violated the law regardless of what his intentions were, a Manhattan federal judge said Tuesday, teeing up a key question for a potential 2021 trial.

  • December 22, 2020

    Trump Blacklists 3 More Nicaraguan Officials

    A member of Nicaragua's Supreme Court, a lawmaker and the chief of police for the country's second-largest city have all been barred from the U.S. for their roles in President Daniel Ortega's repressive government, the U.S. Treasury Department has announced.

  • December 22, 2020

    OFCCP Notches $1.1M In Deals With Jacobs, Lockheed

    The U.S. Department of Labor's federal contractor watchdog has reached conciliation deals worth a combined $1.1 million with subsidiaries of Jacobs Engineering Group and Lockheed Martin Corp. to resolve gender and race bias probes.

  • December 22, 2020

    GAO Rejects Office Supplier's $21M Air Force Contract Protest

    The U.S. Government Accountability Office has rejected a protest by a California office supplier that alleged it was improperly outbid for a $21 million Air Force contract by vendors that sell Hewlett-Packard ink cartridges and Lexmark products that aren't from Trade Agreements Act-designated countries.

  • December 22, 2020

    2nd Circ. Backs Army's Win In Admin. Worker's Sex Bias Case

    The Second Circuit on Tuesday tossed a gender bias suit by a former Army administrative worker who held a dual civilian-military role, saying her Title VII claims were inappropriate for federal court because the alleged harassment and retaliation were connected to her military duties.

  • December 22, 2020

    GOP Lawmakers Slam 'Utterly Ineffective' China Export Rule

    Two Republican congressmen have denounced a new rule from the U.S. Department of Commerce limiting trade with foreign entities believed to support the Chinese military, calling the rule "utterly ineffective" at preventing U.S. technology from reaching China.

  • December 22, 2020

    Bannon Must Testify In FTC Cambridge Analytica Inquiry

    A D.C. federal judge on Tuesday ordered former top White House adviser Stephen K. Bannon to answer questions under oath before Federal Trade Commission investigators about his involvement in the harvesting of personal information from millions of unwitting Facebook users by his now-defunct political consulting firm Cambridge Analytica.

  • December 21, 2020

    Tech Giants Urge 9th Circ. Not To Overturn WhatsApp Ruling

    Google, Microsoft, Cisco and other tech giants on Monday implored the Ninth Circuit to reject Israeli spyware company NSO Group's sovereign immunity bid, arguing in an amicus brief that allowing private companies to dodge liability for their cyber-surveillance tools ramps up the risks that they fall into the wrong hands.

  • December 21, 2020

    Fed. Circ. Backs Boeing In Contract Fight Over Data Sharing

    The Federal Circuit ruled Monday that an appeals board wrongly found that Boeing cannot mark data it must contractually share with the government as proprietary to protect it from third parties, saying that decision misread a government contracts regulation.

  • December 21, 2020

    9th Circ. Affirms Toss Of Soldier's Anthrax Vaccine Injury Suit

    The Ninth Circuit has affirmed the dismissal of a U.S. Army member's suit accusing a military hospital of injuring her when it administered an anthrax vaccine, saying U.S. Supreme Court precedent bars active-duty military from suing the federal government over service-related injuries.

  • December 21, 2020

    Annual Defense Bill Extends SEC's Disgorgement Shot Clock

    The annual defense bill that President Donald Trump is threatening to veto this week, despite overwhelming support from Congress, contains amendments that would quietly strengthen the government's ability to seek disgorgement for securities law violations.

  • December 21, 2020

    US Names 100 Chinese, Russian Cos. As 'Military End Users'

    The U.S. Department of Commerce on Monday named more than 100 Chinese and Russian companies in its inaugural list of military end users that have restricted access to sensitive U.S. technology.

  • December 21, 2020

    Treasury Cracks Down On Cuban State-Owned Businesses

    The U.S. Treasury Department blacklisted three state-owned businesses in Cuba on Monday, barring a coffee company, a remittance firm and their parent company from any interaction with U.S. markets.

  • December 21, 2020

    Chiquita Wants Victims' Claims Tossed In Terror-Funding MDL

    Chiquita Brands International asked a Florida federal judge on Monday to toss claims in an expansive multidistrict litigation accusing the banana company of funding a right-wing Colombian paramilitary group, arguing that plaintiffs in the 17 remaining bellwether cases have failed to tie the group to the deaths of their loved ones.

  • December 21, 2020

    FTC Rips Bannon's 'Bluster' In Avoiding Data Harvest Hearing

    Allowing former White House adviser Steve Bannon to continue turning to "bluster" in his bid to avoid testifying about his role in the Cambridge Analytica data-harvesting scandal is not in the public interest, the U.S. Federal Trade Commission said Friday.

  • December 21, 2020

    Senate Passes Bill To Levy Economic Sanctions For IP Theft

    The U.S. Senate on Sunday unanimously passed a bill aimed at increasing economic penalties for companies and others involved in intellectual property theft.

  • December 21, 2020

    Top 5 Gov't Contracting Policies Of 2020: Year In Review

    This year has seen several big and contentious policy changes affecting government contractors, including the rollout of the Pentagon's sweeping new cybersecurity rule and restrictions on anti-bias training affecting contractors' workforces. Here are five areas of policy change that have made an impact on government contracting in 2020.

  • December 21, 2020

    Ex-Theranos CEO's Fraud Trial Moved To July Due To Virus

    A California federal judge on Friday rescheduled former Theranos CEO Elizabeth Holmes' criminal jury trial from March to July, delaying the closely watched fraud trial against the beleaguered blood-testing startup founder for the third time since it was originally set due to the coronavirus pandemic.

  • December 21, 2020

    Ventilator Co. Strikes $40.5M Deal To End Feds' Fraud Suit

    A medical equipment provider agreed to pay $40.5 million to end government claims that it charged federal health programs for medically unnecessary ventilators, the U.S. Department of Justice said Monday.

  • December 20, 2020

    Senate Dems Stall Trump Picks For Watchdogs At FCC, DOT

    Democratic senators blocked confirmation votes Saturday for two permanent inspectors general, stalling the nominations of a Covington associate tapped to scrutinize the Federal Communications Commission and a veteran government litigator selected to monitor the Transportation Department after defending the Trump administration in high-profile cases.

  • December 18, 2020

    Senate Report Blasts FAA, Boeing Over 737 Max Safety

    The Boeing Co. "inappropriately coached" pilots taking 737 Max recertification tests and, along with the Federal Aviation Administration, appeared to "cover up" key information that may have led to the two fatal crashes that killed 346 people, the U.S. Senate Commerce Committee said in a report released Friday.

  • December 18, 2020

    DC Circ. Spells Out Why It Chucked C-Band Challenge

    The D.C. Circuit explained in an opinion released Friday why it rejected satellite providers' attempts to delay reorganization of the C-Band spectrum last week, stating the Federal Communications Commission correctly took into account the amount of spectrum the providers needed before auctioning off parts of the band.

Expert Analysis

  • Suspension and Debarment: FY 2020 By The Numbers

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    Data from the System for Award Management shows that the year-over-year decline in federal suspension and debarment activity continues, while other trends are more difficult to spot given the effects of the pandemic, say attorneys at Jenner & Block.

  • Opinion

    BigLaw Must Drop The Billable Hour To Improve Diversity

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    Implementing pay structures that compensate attorneys for achieving clients' goals rather than measuring success based on hours billed is a necessary first step to keeping underrepresented attorneys in BigLaw, says Elizabeth Korchin at Therium Capital.

  • How Justices' Baltimore Ruling May Affect Other Climate Suits

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    The U.S. Supreme Court's forthcoming decision in BP v. Mayor and City Council of Baltimore, on whether climate change claims initially filed in state court can be removed to federal court, could have far-reaching implications for similar litigation in other jurisdictions, says Scott Press at Goldberg Segalla.

  • Compliance Lessons From DOJ's Merit Medical Settlement

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    The U.S. Department of Justice's recent settlement with medical device manufacturer Merit Medical, resolving alleged violations of the Anti-Kickback Statute and False Claims Act, reminds life sciences companies to implement key compliance measures like confidential reporting structures and grant intake protocols, say attorneys at Paul Hastings.

  • 8 Tips For Effective Oral Advocacy In Virtual Court Hearings

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    Jim Lofton at Lofton Legally Speaking explains why tightly constructed arguments, the right camera angle and good online behavior are crucial to a powerful virtual courtroom presentation.

  • What DOD's Use Of Cyber Scores May Mean For Contractors

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    Attorneys at Rogers Joseph examine how the U.S. Department of Defense might use its soon-to-be-mandated cybersecurity compliance self-assessment scores in solicitations and other contract actions as part of its responsibility determinations or as technical evaluation criteria, and suggest where further agency guidance would help contractors.

  • A GC's Blueprint For Improving Legal Industry Diversity

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    General counsel are in a unique position to ensure that their partner law firms are giving significant case assignments to underrepresented attorneys, and to help future generations of lawyers access meaningful opportunities early in their education or careers, says Laura Schumacher, chief legal officer at AbbVie.

  • Perspectives

    Book Review: Did The High Court Cause Mass Incarceration?

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    William Pizzi's argument in "The Supreme Court's Role in Mass Incarceration" that the U.S. Supreme Court is responsible for the high rate of incarceration is compelling, but his criticism overlooks the positive dimensions of the criminal procedure decisions under Chief Justice Earl Warren, says U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin.

  • Decoupling From China: Part 3 — Oversight And The Election

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    Attorneys at WilmerHale examine the scrutiny U.S. businesses spending COVID-19 relief funds in China will likely face, the upward trajectory of China-focused congressional investigations, and how the U.S. presidential election will affect relations with China.

  • Decoupling From China: Part 2 — Security Requirements

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    Attorneys at WilmerHale discuss security requirements and export controls protecting U.S. technologies and supply chains, and the potential impact efforts to separate the U.S. and Chinese economies could have on international trade.

  • Key Carbon Market Developments From 2020: Part 2

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    While the upcoming election will have a major impact on the development of carbon market mechanisms in the U.S., growth in emissions trading and stronger regulation is expected in Europe and China, and across the global aviation industry, say Brook Detterman and Allyn Stern at Beveridge & Diamond and independent consultant Stacey Halliday.

  • Persuasion Skills Attys Can Learn From Political Speeches

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    The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

  • Decoupling From China: Part 1 — Legislation And Funding

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    Attorneys at WilmerHale consider how federal funding and the Committee on Foreign Investment in the United States' expanded authority are advancing the national imperative to end U.S. dependence on China for strategically important materials, components and products.

  • Opinion

    Reflections On My 1st Judicial Election Amid Racial Tensions

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    Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

  • Key Carbon Market Developments From 2020: Part 1

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    With numerous states advancing carbon emission pricing plans and some signs of movement at the federal level as well, market-based greenhouse gas reduction measures appear poised for rapid progress in the U.S., say attorneys at Beveridge & Diamond.

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