Aerospace & Defense

  • January 22, 2021

    BREAKING: Senate Confirms Austin As First Black Defense Secretary

    The U.S. Senate on Friday approved Gen. Lloyd Austin as the nation's first Black Secretary of Defense in a historic vote, despite concerns that his confirmation could erode the principle of civilian control of the military.

  • January 21, 2021

    Judge Asks What Biden Order Means For Border Wall Fight

    Now that President Joe Biden has flexed his executive power to halt construction on the wall along the southern border, a California federal judge wants to know how that affects a legal fight over the Trump administration's decision to divert billions in military funds for the project.

  • January 21, 2021

    Congress Approves Waiver For Defense Secretary Nominee

    Lawmakers agreed in bipartisan votes on Thursday to grant a waiver allowing Gen. Lloyd Austin to serve as the nation's first Black defense secretary, moving ahead despite complaints that it could undermine civilian control of the military.

  • January 21, 2021

    DDB Chicago Accused Of 'Bait And Switch' Over $4B Contract

    A New York marketing company claimed Wednesday that Chicago-based advertising agency DDB owes it $100 million after failing to deliver on its promise to steer subcontract work in the marketer's direction once DDB won a $4 billion advertising contract with the U.S. Army.

  • January 21, 2021

    Biden To 'Fully Use' Defense Production Act In COVID-19 Plan

    President Joe Biden said Thursday he will "fully use" the Defense Production Act to compel companies to produce protective and medical equipment to address COVID-19 and refill depleted national stockpiles, including speeding up the delivery of vaccines.

  • January 21, 2021

    Biden To Keep Christopher Wray As FBI Director

    President Joe Biden will keep Trump-appointed FBI Director Christopher Wray in his post, White House press secretary Jen Psaki said Thursday, signaling a return to nonpartisan norms at the law enforcement agency.

  • January 20, 2021

    Senate OKs National Intel Chief In 1st Biden Confirmation

    The U.S. Senate on Wednesday signed off on Avril D. Haines to be the director of national intelligence, confirming the first woman to hold the government's top intelligence position and President Joe Biden's first Cabinet pick on his first day in office.

  • January 20, 2021

    Biden Freezes Late Trump Regs For White House Review

    The Biden administration moved Wednesday to institute a broad "regulatory freeze" on last-minute rules issued by the Trump administration, directing agencies across the federal government to withdraw or delay action on potentially dozens of regulations.

  • January 20, 2021

    China Slaps Pompeo, 27 Other Trump Officials With Sanctions

    China on Wednesday unveiled sanctions against 28 former Trump administration officials, including former Secretary of State Mike Pompeo and former Health and Human Services Secretary Alex Azar, saying they have "offended the Chinese people and seriously disrupted China-U.S. relations."

  • January 20, 2021

    DHS Gets New Acting Head While Biden Pick Awaits Approval

    The U.S. Department of Homeland Security on Wednesday installed the third acting secretary to head the agency this month, with TSA Administrator David P. Pekoske taking the reins until President Joseph Biden's nominee is confirmed.

  • January 20, 2021

    DC Circ. Says US-Born ISIS Member Can't Return

    The D.C. Circuit has denied a former Yemeni diplomat's bid for his U.S.-born daughter to be allowed to return after leaving to join the Islamic State, saying his diplomatic status meant she was never a citizen.

  • January 20, 2021

    FCC Denies Bid To Stay Ligado Networks' 5G Project

    The Federal Communications Commission denied the Trump administration's request to stay the repurposing of the L-band satellite airwaves for mobile transmissions, resolving a matter that's been pending for nearly a year on the outgoing FCC chairman's last full day with the agency.

  • January 20, 2021

    LendUp To Pay $1.25M To Settle CFPB Service Member Claims

    Fintech company LendUp Loans LLC, a self-described "alternative to payday loans," will pay the Consumer Financial Protection Bureau a $950,000 civil penalty and set aside $300,000 to pay back military members and their families whose LendUp loans didn't meet federal requirements for lending to service members.

  • January 20, 2021

    Qatar Quietly Drops WTO Brawl With Abu Dhabi

    Qatar agreed to drop a trade dispute against the United Arab Emirates over a 2017 trade boycott against Qatari goods, services and intellectual property, according to the World Trade Organization.

  • January 20, 2021

    Trump Frees UAE From Aluminum Tariffs Before Departing

    With less than 24 hours remaining in Donald Trump's term, the White House issued a proclamation lifting national security tariffs on aluminum imports from the United Arab Emirates after the country agreed to a quota system.

  • January 20, 2021

    Trump Offers Deportation Relief For Venezuelans Before Exit

    In one of his last acts as president, Donald Trump granted deportation relief and authorized work permits for certain Venezuelans present in the U.S. as of Jan. 20, citing humanitarian and economic crises caused by Nicolas Maduro's government.

  • January 20, 2021

    Biden's Day One Agenda Tackled Travel Ban, Border Wall

    President Joe Biden signed a number of executive orders and directives within hours of taking office on Wednesday, including lifting travel restrictions against individuals from predominantly Muslim countries and halting construction of the U.S-Mexico border wall. Here are six immigration-related actions the new president took after his swearing in.

  • January 19, 2021

    Trump Issues Scores Of Pardons In Final Hours Of Term

    President Donald Trump issued 143 pardons and commutations Wednesday during the last hours of his presidential term, with former Trump strategist Steve Bannon and former Trump fundraiser Elliott Broidy among those receiving clemency.

  • January 19, 2021

    Trump Pardons Bannon In Border Wall Fund Fraud Case

    In the waning hours of his term Wednesday, President Donald Trump pardoned his former confidant and campaign adviser Steve Bannon, who was charged with defrauding donors in a $25 million fundraising effort to support the construction of a wall on the southern U.S. border.

  • January 19, 2021

    Sen. Burr Says DOJ Won't Charge Him Over Stock Sales

    U.S. Sen. Richard Burr, R-N.C., said Tuesday that the Department of Justice has completed its investigation into his stock trading in the run-up to the COVID-19 pandemic and that it will not file charges.

  • January 19, 2021

    Defense Chief Nominee Says Civilians Will Hold Sway In DOD

    Ahead of a waiver vote to allow him to serve in the role, secretary of defense nominee Gen. Lloyd Austin repeatedly sought to assure lawmakers Tuesday that civilians would have the ultimate say in shaping Pentagon policy under his leadership.

  • January 19, 2021

    Perspecta Raised $7.7B Award Issues Too Late, Court Says

    The U.S. Court of Federal Claims said that Perspecta Enterprise Solutions LLC should have raised concerns over a former-U.S. Navy officer's involvement in Leidos Inc.'s bid for a $7.7 billion naval award before the rival won the contract, tossing Perspecta's suit.

  • January 19, 2021

    Biden's DHS Pick Defends Record, Vows Fairness If Confirmed

    Alejandro Mayorkas, President-elect Joe Biden's nominee to lead the U.S. Department of Homeland Security, found himself on the defensive Tuesday as Republican senators grilled him on issues from the border wall and cybersecurity to whistleblower complaints against him.

  • January 19, 2021

    Surveilled Ex-Trump Aide Can Speak At FBI Atty's Sentencing

    A D.C. federal judge is allowing former Trump campaign adviser Carter Page to speak at this month's sentencing hearing for an ex-FBI lawyer who pled guilty to falsifying an email to justify surveilling Page, but declined to rule on whether he qualifies as a victim under federal law as he has insisted.

  • January 19, 2021

    Plaintiffs Prevail On Choice Of Law For 3M Earplug MDL Trials

    The Florida federal judge overseeing multidistrict litigation brought by service members and veterans who allege that defective 3M earplugs damaged their hearing sided with two plaintiffs on which states' laws should apply in their upcoming bellwether trials.

Expert Analysis

  • Ratification Ruling Throws Gov't Contractors A Lifeline

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    By recognizing ratification as a means to validate contract modifications, the Federal Circuit's recent ruling in BGT Holdings v. U.S. offers government contractors the possibility of equitable adjustment when additional work is performed without a contracting officer's directive, a situation that's become more common amid the pandemic, says Michelle Litteken at Morris Manning.

  • As Superfund Turns 40, Courts Are Still Puzzling Over It

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    The Comprehensive Environmental Response, Compensation and Liability Act just turned 40, but a review of several Superfund cases from 2020 demonstrates that courts are still regularly confronted with novel questions and issues related to the law, says Peter Keays at Hangley Aronchick.

  • How Rebooted Paycheck Protection Program Works: Part 1

    Excerpt from Practical Guidance
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    Attorneys at Cozen O'Connor provide an overview of the recently reinstituted Paycheck Protection Program's provisions for new borrowers to receive loans and existing borrowers to receive additional funding, and the U.S. Small Business Administration's startup of the program.

  • Law Firms Should Note GCs' Growing Focus On Biz Strategies

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    Amid the challenges of the pandemic, a shifting digital landscape, and increasing calls for diversity and inclusion, general counsel responsibilities are expanding into six new areas, highlighting the need for both in-house and outside counsel to serve as strategic and empathetic business leaders, say Wendy King at FTI Consulting and David Horrigan at Relativity.

  • How Defense Production Act May Affect Vaccine Supply Chain

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    Direct contractors, subcontractors and suppliers in the vaccine supply chain should prepare for President Joe Biden’s expanded use of the Defense Production Act to accelerate immunization efforts, which could disrupt existing business plans and commitments, but also provide financial incentives, and reduced breach of contract and antitrust liability, say attorneys at White & Case.

  • What New AML Law Means For Correspondent Banking

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    In light of the National Defense Authorization Act’s recent overhaul of the Bank Secrecy Act and related anti-money laundering laws, foreign banks maintaining correspondent bank accounts in the U.S. should be aware of law enforcement's expanded authority to access bank records for their transactions, say attorneys at Arnold & Porter.

  • SEC Enforcement Expansion May Face Constitutional Limits

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    Although the recently passed National Defense Authorization Act seems to restore the U.S. Securities and Exchange Commission’s authority to seek disgorgement in enforcement cases — which the U.S. Supreme Court previously narrowed in its Kokesh and Liu decisions — the law may run afoul of the U.S. Constitution and the law of unintended consequences, says Joshua Robbins at Buchalter.

  • Opinion

    What The Oracle-TikTok Saga Means For Oracle Licensees

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    Though Oracle's attempts to take control of TikTok and become a competitive provider of third-party cloud-hosting services appear to have failed, Oracle's licensees should still consider themselves targets for aggressive cloud sales tactics and anticipate forthcoming audit activity, say Arthur Beeman, Joel Muchmore and Melissa Wehri at Beeman & Muchmore.

  • 6 Changes The Legal Industry Should Prepare For

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    As clients increasingly demand better efficiency, predictability and cost-effectiveness from their legal partners, especially during the pandemic, law firms and other legal service providers may need to explore new ways to bundle and deliver services — and move away from billing by time, says Joey Seeber at Level Legal.

  • Arizona May Have Nudged US Law Firms Toward Future IPOs

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    No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

  • Aviation Watch: The 737 Max Returns To Flight

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    After the Federal Aviation Administration's recent order allowing Boeing's 737 Max to return to service, the plane still must contend with the effects of two years of adverse publicity and COVID-19's impact on air travel, says Alan Hoffman, a retired attorney and aviation expert.

  • Addressing The Security Risks Of University Foreign Funding

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    Higher education institutions that accept foreign funding should address serious concomitant security risks by identifying specific sources and establishing compliance procedures that promote transparency, protect data and research, and account for U.S. national security interests, say attorneys at Manatt.

  • CFPB's Busy 2020 May Foretell Regulatory Uptick Ahead

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    The last year stood out for its marked resurgence in Consumer Financial Protection Bureau activity, suggesting 2021 will usher in even more vigorous enforcement, enhanced fair lending regulation, and renewed assaults on consumer arbitration and payday lending, says Richard Gottlieb at Manatt.

  • DC Circ. Lobbyist Ruling May Lead To 1st Amendment Clarity

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    The D.C. Circuit’s recent opinion in Akhmetshin v. Browder, leaving the government contacts exception's application to foreign lobbyists unsettled, may compel courts to clarify the availability of First Amendment defamation defenses to foreign companies involved in lobbying, says Joe Meadows at Bean Kinney.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

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