Aerospace & Defense

  • November 22, 2017

    New Law Moots Freedom Watch's NSA Lawsuits: Judge

    A D.C. federal judge dismissed two lawsuits filed in 2013 by the founder of conservative advocacy group Freedom Watch Inc. against the National Security Agency, ruling Tuesday that a 2015 law barring its indiscriminate bulk metadata collection programs mooted the lawsuits’ request for injunctive relief.

  • November 22, 2017

    Contractor Prevails In Iraq Armored Fleet Row With Army

    The U.S. Army violated the terms of a security contract when it donated light armored vehicles to the Iraqi government rather than offering to resell them to the defense contractor who provided them as agreed, according to a decision from the Armed Services Board of Contract Appeals.

  • November 22, 2017

    GAO Says DHS Uniforms Mostly Foreign-Made, Despite Policy

    Despite a statutory requirement that the U.S. Department of Homeland Security purchase uniforms and body armor made by U.S. manufacturers, exemptions to the policy mean that DHS and its component agencies actually get the majority of their uniforms from foreign sources, the U.S. Government Accountability Office said on Tuesday.

  • November 22, 2017

    WTO Dispute Roundup: Stage Set For High-Stakes Gulf Battle

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body proceedings, a battle among Gulf States that will test the WTO's third-rail national security provisions forged ahead, while the gridlock over Appellate Body vacancies became further entrenched.

  • November 22, 2017

    Marine General Freed In Guantanamo Trial Ethics Dispute

    The chief defense counsel for military commissions involving prisoners held at the U.S. military base at Guantanamo Bay, Cuba, has been released from confinement despite a decision from the Office of Military Commissions upholding a military judge’s contempt charge against him, the Pentagon said in a statement received by Law360 on Wednesday.

  • November 22, 2017

    Waiver On L3 Background Check Form Violates FCRA: Suit

    An employee of military contractor L3 Technologies Inc. on Tuesday filed a putative class action in California federal court alleging the company's onboarding paperwork violates the Fair Credit Reporting Act by combining background check consent and a liability waiver on the same form.

  • November 22, 2017

    Judge Trims 'Space Tourist' Claims Over $30M Deposit

    A Virginia federal judge Tuesday whittled down a prospective space traveler’s suit alleging a commercial space travel company fooled him into agreeing to pay a $30 million nonrefundable deposit on false pretenses, rejecting the jilted customer’s conversion and unjust enrichment charges while letting stand allegations of fraud and breach of contract.

  • November 21, 2017

    FCA Enforcement Under Sessions DOJ Offers More Of The Same

    Nearly a year into the Trump administration, False Claims Act enforcement remains largely unchanged, with the continuing ramifications of the landmark Escobar decision having a much greater impact on the way FCA cases are playing out than the change in U.S. Department of Justice leadership, attorneys say.

  • November 21, 2017

    Feds Ask Supreme Court To Reverse Blocks On Travel Ban

    The Trump administration asked the U.S. Supreme Court on Tuesday to reverse blocks on its third travel ban by federal courts in Maryland and Hawaii, saying the latest ban was the result of a careful cross-department review and that the lower courts’ intervention hurts the executive branch’s ability to direct national security.

  • November 21, 2017

    ICC Mulls Probe Into Reports Of US Abuses In Afghanistan

    The prosecutor for the International Criminal Court requested authorization on Monday to investigate reports of human rights abuses in Afghanistan by the U.S. armed forces, the CIA, Afghan security forces, the Taliban and affiliated armed groups.

  • November 21, 2017

    Treasury Sanctions Chinese, N. Korean Companies Over Trade

    The U.S. Department of Treasury said Tuesday that it had sanctioned four Chinese companies and a slew of North Korean companies and vessels in an effort “to disrupt North Korea's illicit funding of its unlawful nuclear and ballistic missile programs.”

  • November 21, 2017

    2nd Circ. Revives Terror Victims’ Bid To Get $1.7B From Iran

    The Second Circuit on Tuesday revived a bid by families of the victims of the 1983 Beirut Marine Corps barracks bombing to collect $1.68 billion linked to Iran’s central bank, overturning an earlier decision that the money was beyond the reach of U.S. courts.

  • November 21, 2017

    Big Purchases Bust Budget In $650B Senate Defense Bill

    The Senate Appropriations Committee unveiled a budget-busting $650.8 billion defense bill Tuesday, with a plan that focuses heavily on new purchases and would blow past spending caps.

  • November 21, 2017

    Judge Suggests Anonymous Jury In Iran Sanctions Trial

    A New York federal judge on Tuesday suggested using an anonymous jury in the upcoming trial of Turkiye Halk Bankasi AS executive Mehmet Hakan Atilla on charges of scheming to dodge U.S. sanctions against Iran, following reports that “third parties” have contacted people involved in the case.

  • November 21, 2017

    Researcher Can't Revive FCA Counterclaims Against Feds

    A South Dakota federal judge rejected a bid to revive counterclaims by a researcher convicted of fraudulently obtaining a research grant by claiming work was done by a postdoctoral candidate who couldn’t get an H-1 visa, finding Monday that sovereign immunity shields the government from his claims of malicious prosecution.

  • November 21, 2017

    Watchdog Sees Nothing Shady In $2M Afghan Warehouse Deal

    A government watchdog investigation did not find evidence to support allegations of waste on a U.S. Army Corps of Engineers contract for warehousing services in Afghanistan, according to a report made public this week, which found that the details of the complaint were inaccurate.

  • November 21, 2017

    CRS Looks At Pros, Cons Of 'Adversary' Contractors At DOD

    The possibility of hiring outside contractors to fly simulated “adversary” aircraft to train American combat pilots may be an issue in the next round of defense budget talks as the U.S. Department of Defense looks to fill pilot and readiness shortfalls, the Congressional Research Service said last week.

  • November 21, 2017

    Air Force Mechanic Settles Unneeded-Surgery Claims With VA

    A former U.S. Air Force mechanic on Monday settled his suit alleging doctors at a U.S. Department of Veterans Affairs hospital misdiagnosed the weakness in his hand and performed an unnecessary surgery that doctors then bungled.

  • November 21, 2017

    Md. Judge Widens Block Of Trump's Trans Military Ban

    The Trump administration can’t ban transgender people from military service, according to an injunction issued Tuesday by a Maryland federal judge who expanded a D.C. district judge’s block to include lifting restrictions for service members undergoing gender reassignment surgeries.

  • November 21, 2017

    Navy Ignored Worker Attrition In $490M Contract, GAO Says

    The U.S. Navy is 0-for-3 at the U.S. Government Accountability Office on a more than $490 million base operations support contract in Guam, according to a bid protest decision made public Monday admonishing the military service for overlooking its chosen contractor’s plans to “repeatedly” replace nonunion employees.

Expert Analysis

  • SDNY Case Raises Provocative Questions On US Jurisdiction

    Louis Rothberg

    U.S. v. Reza Zarrab, set to start trial this month in the Southern District of New York, is likely to affect the manner in which entities and individuals decide to comply with the Office of Foreign Assets Control's secondary sanctions and represents a critical interpretive question regarding the International Emergency Economic Powers Act, say attorneys with Morgan Lewis & Bockius LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • With Integration Pilot Program, Drones Are Ready To Fly

    Patrick Reilly

    The White House recently announced it will cull regulatory restrictions on the use of unmanned aircraft systems, and will allow state and local governments to submit proposals for drone testing. Companies interested in drones should understand how federal rules impact licensing of pilots, registration of drones and more, say Patrick Reilly and Blake Angelino of Faegre Baker Daniels LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Opinion

    Trump Campaign Officials Likely Violated CFAA

    Peter Toren

    The publicly available evidence strongly suggests that certain Trump campaign officials had knowledge that Russian hackers had penetrated the Democratic National Committee computer system before this became publicly known, and sought political benefit from this. If that is true, there is probable cause to charge Trump officials, and maybe the president himself, with felony violations of the Computer Fraud and Abuse Act, says former... (continued)

  • How Tax Reform May Hit Aircraft Owners’ Pocketbooks

    Sandra Shippey

    If proposed tax reform legislation passes as written, owners of physical assets such as corporate aircraft would not be able to defer taxable gains when upgrading to newer aircraft. This could negatively affect, among other industries, aircraft manufacturers, resellers, brokers, appraisers, insurers and lenders, says Sandra Shippey of Procopio Cory Hargreaves & Savitch LLP.