The Federal Circuit ruled Wednesday that the U.S. Navy doesn't owe a Siemens unit $5.7 million for costs the company incurred to investigate potential energy savings measures at two military installations, saying a related contract clearly didn't cover those costs. 
Law360
Aerospace & Defense
THURSDAY, MAY 9, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Fed. Circ. Denies Siemens' Bid For Navy Energy Audit Costs

By Daniel Wilson

The Federal Circuit ruled Wednesday that the U.S. Navy doesn't owe a Siemens unit $5.7 million for costs the company incurred to investigate potential energy savings measures at two military installations, saying a related contract clearly didn't cover those costs. 

Opinion attached | Read full article » | Save to favorites »

Kirkland Drives Vance Street To $775M Fund IV Closing

By Jade Martinez-Pogue

Los Angeles-based private equity shop Vance Street Capital, advised by Kirkland & Ellis LLP, on Wednesday announced it held the first and final close for its fourth fund with $775 million in tow.

Read full article » | Save to favorites »

GAO Backs DLA's Sole-Source Fuel Deal With Iraqi Contractor

By Rae Ann Varona

The U.S. Government Accountability Office has dismissed a Virginia company's protest of a jet fuel contract the Defense Logistics Agency awarded to an Iraqi competitor, saying the protester's challenge of the deal was based on factual inaccuracies.

Decision attached | Read full article » | Save to favorites »

POLICY & REGULATION

New Treasury Rule Amps Up Reporting Burden For Banks

By Jennifer Doherty

The U.S. Department of the Treasury introduced an interim final rule Wednesday that refines and further expands recent increases in reporting requirements, including a new obligation for financial institutions to notify the federal government any time they unblock frozen assets.

1 document attached | Read full article » | Save to favorites »

ENFORCEMENT

Hyundai To Pay $334K Over Repossessing Vets' Cars

By Henrik Nilsson

Hyundai's American financing arm has agreed to pay $333,941 to resolve the government's suit in California federal court alleging the carmaker reclaimed 26 vehicles owned by members of the armed forces in violation of the Servicemembers Civil Relief Act, the U.S. Department of Justice announced on Wednesday.

Read full article » | Save to favorites »

Fla. Defense Contractor Admits To Selling Parts From Turkey

By David Minsky

A Florida defense contractor has pled guilty to federal conspiracy charges in connection to a scheme to defraud the U.S. Department of Defense, admitting that she violated export control laws by using a front company to supply critical military components that were manufactured in Turkey.

2 documents attached | Read full article » | Save to favorites »

DOD Trucking Contractor Owner Indicted On $1M Tax Evasion

By Anna Scott Farrell

The owner of a trucking company that hauled military supplies for the U.S. Department of Defense tried to evade more than $1 million in taxes partly by using a nominee company headed by her former dispatcher, according to an indictment by a federal grand jury in Ohio.

Indictment attached | Read full article » | Save to favorites »

LITIGATION

Boeing Again Seeks Exit From Suit Over Love-Triangle Murder

By Lauren Berg

The Boeing Co. is again asking a Seattle federal judge to let it escape liability in a case involving a love triangle among employees that ended in murder, saying the newest iteration of the suit still doesn't adequately allege Boeing knew or should have known about the employee's potential for violence.

1 document attached | Read full article » | Save to favorites »

Fishermen Drop $35M Coast Guard Kidnapping Claims

By Ryan Harroff

A pair of fishermen who accused the U.S. Coast Guard of "kidnapping" them for 10 days at sea, destroying their ship and getting them sent to prison for years on drug charges that were later dismissed have voluntarily dropped their $35 million suit over the incident.

Notice attached | Read full article » | Save to favorites »

ADMINISTRATIVE DISPUTES

Taliban's Unexpected Takeover Dooms Contractor's $1.5M Suit

By Alyssa Aquino

An administrative appeals board refused to order the U.S. Army Corps of Engineers to reimburse a contractor for $1.5 million of equipment lost while evacuating Afghanistan, saying it couldn't have anticipated in 2019 a Taliban takeover just over two years later.

Opinion attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

8 Questions To Ask Before Final CISA Breach Reporting Rule

The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

Proposed Rule attached | Read full article » | Save to favorites »

How New Rule Would Change CFIUS Enforcement Powers

Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

Read full article » | Save to favorites »

'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea

Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.

Brief attached | Read full article » | Save to favorites »

Series

Swimming Makes Me A Better Lawyer

Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Analysis

In Story Of Sex And Lies, Can Cohen Write Final Chapter?

By Phillip Bantz

The Manhattan District Attorney's Office has told a story of scandal and scheming to the jury in Donald Trump's criminal hush money trial, setting the stage for the prosecution's star witness to take the stand and wrap up the narrative.

Read full article » | Save to favorites »

Ex-McElroy Deutsch CFO Cops To $1.5M Theft From Firm

By George Woolston

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer admitted Wednesday to embezzling more than $1.5 million from the firm and failing to pay income tax, New Jersey Attorney General Matthew J. Platkin announced.

Read full article » | Save to favorites »

Lewis Brisbois Atty Fatally Shot In McDonald's Altercation

By Ryan Boysen

A Lewis Brisbois Bisgaard & Smith LLP attorney was fatally shot at a McDonald's in Houston after reportedly stepping in as a good Samaritan and attempting to calm down an irate customer who'd been arguing with staff at the fast food restaurant.

Read full article » | Save to favorites »

Titan Of The Plaintiffs Bar: Lieff Cabraser's Kelly Dermody

By Irene Spezzamonte

A semester off from Harvard University in the late 1980s meant for reflection instead turned into a pivotal moment in Kelly Dermody's life, settling the roots for her successful career during which she has become a lighthouse for employment and discrimination cases.

Read full article » | Save to favorites »

ABA Will Study Rape Questions' Necessity For Bar Applicants

By Cara Bayles

An American Bar Association commission will issue a report and recommendations by August on the practice of requiring would-be lawyers to disclose and discuss their experiences of sexual violence during the attorney licensure process.

Letter attached | Read full article » | Save to favorites »

ABA Directs Attys To Avoid Sharing Client Info On Listservs

By Emily Sawicki

It is in the best interest of clients for their legal counsel to avoid sharing information related to representation while seeking advice in an online listserv forum, if the comments or questions could be connected to a client's identity, according to American Bar Association guidance published Wednesday.

Opinion attached | Read full article » | Save to favorites »

Ga. Appeals Court Will Review Trump DQ Bid In Election Case

By Kelcey Caulder

The Georgia Court of Appeals on Wednesday agreed to review a judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the election interference case she brought against former President Donald Trump.

Order attached | Read full article » | Save to favorites »

Fani Willis Is Outraising Primary Challenger More Than 5 To 1

By Chart Riggall

Less than two weeks from the first hurdle in her bid for reelection, Fulton County District Attorney Fani T. Willis is boasting a​​ campaign war chest more than five times heftier than her Democratic challenger's, according to campaign finance disclosures filed this week.

Read full article » | Save to favorites »

Biden Picks US Magistrate Judge In Fla. For 11th Circ.

By Courtney Bublé

President Joe Biden announced Wednesday his intent to nominate U.S. Magistrate Judge Embry J. Kidd to the Eleventh Circuit.

Read full article » | Save to favorites »

Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

By Rachel Scharf

A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

Read full article » | Save to favorites »

NJ Justices Approve Measures For Helping Atty Well-Being

By Emily Johnson

The New Jersey Supreme Court has accepted several recommendations from its committee focused on attorney well-being, paving the way for the committee to examine how attorneys can briefly postpone court dates or possibly receive an extension to meet deadlines so they can handle pressing wellness needs.

Notice attached | Read full article » | Save to favorites »

Legal Access Program Being Set Up For Separated Families

By Alyssa Aquino

The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.

Read full article » | Save to favorites »

Colo. Judges Urge Attys To Take On More Pro Se Cases

By Thy Vo

A group of Colorado federal judges tried Wednesday to recruit more lawyers to help pro se litigants, who file about a third of the district's cases each year, with the judges recounting tactical mistakes and case delays that attorneys could have prevented.

Read full article » | Save to favorites »

Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

COMPANIES IN TODAY'S NEWS

American Bar Association

Center for Justice

Getty Images Inc.

Harvard University

Hyundai Capital America Inc.

L'Oreal SA

LinkedIn Corp.

Los Angeles Rams

McDonald's Corp.

New Jersey State Bar Association

New York University

Siemens AG

The Boeing Co.

The Goldman Sachs Group Inc.

The Leadership Conference on Civil & Human Rights

The State University of New York

Trump Organization Inc.

Vance Street Capital LLC

Walmart Inc.

LAW FIRMS IN TODAY'S NEWS

Aidala Bertuna

Akin Gump

Alston & Bird

Bradley Arant

Buchalter APC

Caldwell Carlson

Cohen Seglias

Ford O'Brien

Gibbons PC

Gibson Dunn

Griffin Durham

Hamberger & Weiss

Jenner & Block

Kirkland & Ellis

Kropf Moseley

Law Office of Timothy F. McGoughran

Lewis Baach

Lewis Brisbois

Lieff Cabraser

McElroy Deutsch

Miller & Chevalier

Nelson Mullins

Nichols Liu LLP

Outten & Golden

Pashman Stein

Perkins Coie

Pierson Law LLC

Pillsbury Winthrop

Robins Kaplan

Venable LLP

Vorys

Wheeler Trigg

Williams & Connolly

Williams Kastner

WilmerHale

Zuckerman Spaeder

GOVERNMENT AGENCIES IN TODAY'S NEWS

Armed Services Board of Contract Appeals

Committee on Foreign Investment in the United States

Defense Logistics Agency

Executive Office of the President

Federal Acquisition Regulatory Council

Georgia Supreme Court

Internal Revenue Service

Manhattan District Attorney's Office

New Jersey Supreme Court

Office of Foreign Assets Control

U.S. Army Corps of Engineers

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the Middle District of Florida

U.S. Attorney's Office for the Northern District of Ohio

U.S. Coast Guard

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the Middle District of Florida

U.S. District Court for the Southern District of California

U.S. District Court for the Western District of New York

U.S. District Court for the Western District of Washington

U.S. Government Accountability Office

U.S. Navy

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Northern District of Ohio