Aerospace & Defense

  • February 06, 2023

    Marine Traffic Org. Must Face Suit For SoCal Oil Spill

    The maritime monitor for commercial traffic in San Pedro Bay can't escape a lawsuit by Amplify Energy Corp. which seeks to hold it partially responsible for a crude oil pipeline leak which has cost the company roughly $69 million, a California federal judge ruled Monday, rejecting the entity's claims that it operates under the U.S. Coast Guard.

  • February 06, 2023

    Navy's Vax Mandate Exemption Process In 5th Circ. Spotlight

    The Fifth Circuit quizzed attorneys for the government about the U.S. Navy's vaccination requirements on Monday, with one judge wondering whether service members were right to call the branch's review process for exemptions a "sham" in which every request is automatically denied.

  • February 06, 2023

    GAO Wants State Dept. To Improve Export Violation Tracking

    The U.S. Government Accountability Office has urged the U.S. Department of State to track data from disclosures of potential export regulation violations more closely, saying that the department can't readily determine how many disclosures involve defense services, hampering oversight.

  • February 06, 2023

    Biden Picks National Security Telecom Advisory Committee

    President Joe Biden has selected a group of cybersecurity and telecom industry leaders to fill posts on the National Security Telecommunications Advisory Committee.

  • February 06, 2023

    Gov't Wants To Weigh In On 3M 7th Circ. Bankruptcy Appeal

    The U.S. Trustee's Office has asked the Seventh Circuit to be allowed to participate in oral argument in a 3M Co. subsidiary's appeal over a bankruptcy court's refusal to extend a stay to cover multidistrict litigation over faulty earplugs, saying its views should be important to the court.

  • February 06, 2023

    Ranch, Feds Say Full Settlement Likely In Border Wall Fight

    An Arizona ranch and the U.S. government told a Washington, D.C., federal judge Monday that they are making progress toward settling the ranch's suit over the Trump administration's construction of border wall segments next to its property.

  • February 06, 2023

    Catching Up With Delaware's Chancery Court

    Bacardi and Jay-Z finally clinked glasses and resolved their long-running dispute over D'Usse cognac, a 72-year-old rule on judicial appointments got tossed, and three more electric vehicle companies asked the court to retroactively validate shares.

  • February 06, 2023

    Air Force Reservist Says UPS Firing Was Discriminatory

    UPS fired a part-time package loader because of his plans to fulfill his obligations to the U.S. Air Force, the worker alleged in a lawsuit in Georgia federal court.

  • February 03, 2023

    Vets With Hearing Loss Seek Dismissal Of 3M Bankruptcy

    Soldiers who say they lost hearing due to faulty 3M earplugs urged an Indiana judge to throw out a 3M subsidiary's bankruptcy case, saying the filing was as unwarranted as a Johnson & Johnson unit's doomed bid for bankruptcy protections.

  • February 03, 2023

    India Dealt Blow As Satellite Deal Feud With Devas Escalates

    The Netherlands' highest court on Friday refused to overturn an arbitral award finding India liable for improperly terminating a lease deal to deliver communications services throughout the country, a decision that paved the way for a $111.3 million damages award against New Delhi.

  • February 03, 2023

    Trump Campaign's WaPo Libel Suit Gets Axed For Now

    A D.C. federal judge tossed with leave to amend a libel lawsuit by former President Donald Trump's campaign alleging two Washington Post opinion pieces by left-leaning commentators published in June 2019 defamed him, finding Friday that the campaign has only identified "non-actionable opinions" and has not sufficiently pled actual malice.

  • February 03, 2023

    Sig Sauer Wants Defective Pistols Lawsuit Broken Up

    Firearms manufacturer Sig Sauer Inc. has urged a New Hampshire federal court to break apart a lawsuit brought by 20 law enforcement officers that alleges that one of its pistols will unexpectedly fire without warning, saying claims should be sent to different state jurisdictions.

  • February 03, 2023

    Ex-Navy Captain Gets 30 Months In 'Fat Leonard' Bribe Case

    A retired U.S. Navy captain who pled guilty to a bribery charge in the wide-ranging "Fat Leonard" scandal has been sentenced to 30 months in prison.

  • February 03, 2023

    DC Circ. Won't Revisit Revival Of Pharma Terror-Funding Case

    The full D.C. Circuit will not review a panel's revival of a lawsuit accusing AstraZeneca Pharmaceuticals LP, Pfizer Inc. and several other pharmaceutical companies of helping finance terror attacks that injured or killed hundreds of U.S. service members between 2005 and 2011 by entering into lucrative medical goods contracts with Iraq's health ministry.

  • February 03, 2023

    Tort Report: Live Nation Can't Exit $60M Suit In Rapper's Death

    A ruling that Live Nation must face a suit over a rapper's backstage stabbing death at a 2021 concert in California and the Sixth Circuit's remand of a coronavirus death suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • February 03, 2023

    KBR Says Kuwaiti Co. Has No Case In $49M Liability Dispute

    Kellogg Brown & Root International Inc. urged a Virginia federal judge to leave intact an arbitration panel's ruling that let it escape a subcontractor's $49 million liability claim, saying that the subcontractor's allegations of contract misinterpretation are insufficient to vacate the award.

  • February 02, 2023

    Menendez Wants Administration To Bar Rifles For Azerbaijan

    Senate Foreign Relations Committee Chairman Bob Menendez, D-N.J., has urged the U.S. Department of Commerce to bar any proposed export of U.S. rifles to Azerbaijan, citing human rights concerns including alleged "atrocities" against neighboring Armenia. 

  • February 02, 2023

    Boeing Rebuts Claims That DOJ 737 Max Deal Is A 'Charade'

    Boeing on Thursday rebutted accusations from victims' families that it disingenuously accepted responsibility for two 737 Max crashes to score a favorable government deal shielding it from criminal prosecution only to then deny it defrauded safety regulators during a public arraignment in Texas federal court last week.

  • February 02, 2023

    GOP Reps Seek Info On Hack Attempt Targeting Nuclear Labs

    The Republican leaders of two House committees pushed Thursday for the U.S. Department of Energy to turn over any documents and communications produced in its response to Russia's reported hacking attempts in 2022 on three laboratories used to research U.S. nuclear weapons programs.

  • February 02, 2023

    Sens. Aim To Block F-16 Sales To Turkey Over NATO Dispute

    A bipartisan group of senators told President Joe Biden on Thursday that they would block pending F-16 sales to Turkey if Ankara continued to block Sweden and Finland from joining NATO.

  • February 02, 2023

    DC Circ. Doubts Bank Can Be Sued For '98 Embassy Attacks

    A D.C. Circuit panel expressed doubt on Thursday that a group of more than 550 victims of two simultaneous 1998 al-Qaida bombings of U.S. embassies in Africa could revive secondary liability claims against French bank BNP Paribas SA for allegedly helping to bankroll the terrorist attacks.

  • February 02, 2023

    Judiciary Committee Chairs Seek Info On Indicted FBI Official

    The chairmen of the Senate and House Judiciary committees on Thursday demanded federal prosecutors provide more information regarding the recently unsealed indictment of a former high-ranking FBI official accused of helping a Russian oligarch avoid sanctions, saying the case raises broader questions about national security and counterintelligence operations.

  • February 02, 2023

    Ex-NFLer Can't Cut Prison Term In Fraud Case, 11th Circ. Says

    A former NFL player can't get a new trial or further reduce his 13-year prison sentence for his role in a $40 million health care fraud scheme, the Eleventh Circuit ruled Thursday.

  • February 02, 2023

    Pharmacy Tech Co. Gets Partial Costs In Defense Deal Dispute

    The Court of Federal Claims has awarded a pharmacy technology company a fraction of its claimed costs after previously ruling the company was "unfairly induced" into competing for a defense contract, saying the company couldn't make claims for issues such as lost profits.

  • February 02, 2023

    3M Unit Bankruptcy Is A Smokescreen, 7th Circ. Told

    Various groups, including veterans organizations and law professors, told the Seventh Circuit that 3M is using Aearo Technologies LLC's bankruptcy process as a smokescreen to evade multidistrict litigation over claims that its defective combat earplugs damaged service members' hearing.

Expert Analysis

  • 10 Areas To Watch In Aerospace And Defense Law

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    Joseph Berger and Francis Purcell at Thompson Hine discuss what's ahead for federal contractors, given the government's continued focus on aiding Ukraine and sanctioning Russia, pending cybersecurity and climate disclosure regulations, U.S. leadership in new and emerging technologies, and more.

  • FinCEN Report Holds Key Russia-Linked Risk Considerations

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    A recent report from the Financial Crimes Enforcement Network reminds financial institutions to review guidance issued on reporting Russia-linked suspicious activity, emphasizing the need to review anti-money laundering and sanctions monitoring processes to remain adaptive to global developments, say Siana Danch and Peter Hardy at Ballard Spahr.

  • Bid Protest Spotlight: Size Protests, Blue & Gold, Sole Source

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    In this month's bid protest spotlight, Lyle Hedgecock at MoFo offers takeaways from a Federal Circuit ruling on bid protest jurisdiction, a Federal Claims Court case exploring the nuances of the Blue & Gold Fleet rule, and a capstone from the U.S. Government Accountability Office on the Small Business Innovative Research program.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • How Does The 4th Circ. Define A Hostile Work Environment?

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    In Laurent-Workman v. Wormuth, the Fourth Circuit recently showed an expanded view of what a hostile work environment looks like, an analysis that stands in sharp contrast to the circuit court's prior decisions, say Kirsten Eriksson and Elisabeth Hall at Miles & Stockbridge.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • Tips For Sanctions Screening Of Non-Latin Language Entities

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    Kenneth Nunnenkamp and Ivon Guo at Morgan Lewis discuss how phonetic transliteration from one alphabet or writing system to another complicates name-checking for sanctions due diligence, and provide useful methods to facilitate this otherwise knotty process.

  • High Court Veteran Benefits Ruling Hints At Canon Skepticism

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    The U.S. Supreme Court's recent Arellano v. McDonough decision — limiting the retroactivity of disability benefits for some veterans — broadly suggests the court is increasingly skeptical of substantive canons of interpretation, and offers guidance on how the pro-veteran canon should be applied going forward, says Kian Hudson at Barnes & Thornburg.

  • Addressing The Perils Of Contractor Teaming Arrangements

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    Paul Debolt and Christopher Griesedieck at Venable discuss lessons from a Virginia federal court's recent decision in AB Staffing Solutions v. ASEFI Capital about the hazards created by inconsistent government contractor teaming regulations, and provide specific questions contractors joining such arrangements should ask at the proposal stage to ensure their mutual understanding.

  • Takeaways From First Anti-Terrorism Act Prosecution Of A Co.

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    The U.S. Department of Justice’s precedent-setting prosecution of cement company Lafarge under the Anti-Terrorism Act reveals the long arm of U.S. law, reiterates the need for preacquisition due diligence, and reinforces the trend of international cooperation among enforcement authorities, say attorneys at Arnold & Porter.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • IP Case Shows Even Uncle Sam Must Abide By License Terms

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    The Court of Federal Claims' recent decision in Bitmanagement v. U.S., involving copyright infringement claims against the Navy, demonstrates that the government can be held accountable as any other intellectual property infringer or licensee notwithstanding its size and bargaining power, say Brian O'Shaughnessy and Walter Wilson at Dinsmore.

  • Action Steps For Gov't Contractors On The OFCCP Audit List

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    Federal contractors and subcontractors on the list of firms flagged for a 2023 audit by the Office of Federal Contract Compliance Programs should inform their point of contact to watch for an advance audit notice, but shouldn't wait to identify potential indicators of discrimination and otherwise begin preparations, say Andrew Turnbull and Sadé Tidwell at MoFo.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

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