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Aerospace & Defense
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May 20, 2024
Startup Admits Sharing IP With Boeing After Supposed Swipe
The co-founder of a startup accusing the Boeing Co. of plotting to steal its intellectual property to build a copycat electric jet acknowledged during cross-examination Monday that his company kept willingly sharing trade secrets with the aviation giant after discovering the alleged misappropriations.
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May 20, 2024
FCC Told Ad Disclosure Rule Would Violate APA, Free Speech
Broadcasters are continuing their push to get the Federal Communications Commission to drop the potential inclusion of some political ads and public service announcements from proposed foreign disclosure rules, this time saying that the rule would violate the First Amendment.
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May 20, 2024
Kepler Backs SpaceX Push To Revamp 'Big LEO' Band
Satellite tech company Kepler Communications Inc. has urged the Federal Communications Commission to move forward with a potential new sharing framework for the "Big LEO" band as recently proposed by SpaceX.
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May 20, 2024
Catching Up With Delaware's Chancery Court
Delaware was full of drama last week, as proposed changes to the state's corporate law statutes raised eyebrows and a professor's friend-of-the-court brief sparked a very unfriendly public exchange. Delaware's court of equity banged the gavel on pipeline and social media disputes, and shareholders filed new suits alleging insider trading, vote bungling, unfair stock buybacks and merger shenanigans. In case you missed any of it, here's the recap of all the top news last week from Delaware's Chancery Court.
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May 20, 2024
China Sanctions 3 US Firms For Arms Sales To Taiwan
The Chinese Government has sanctioned units of Boeing, General Atomics and General Dynamics over the companies' sales of weapons to Taiwan, barring the companies from trade or investment in China, citing alleged threats to its sovereignty.
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May 20, 2024
Menendez Texts With Wife A Legislative Promise, Judge Says
Emoji-laden texts between Sen. Robert Menendez and his wife about an arms sale constitute a legislative promise, a Manhattan federal judge reiterated Monday, as the government seeks to prove the power couple had a corrupt agreement with a New Jersey businessman.
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May 20, 2024
Assange Gets Final Appeal In Fight Against US Extradition
Julian Assange won a lifeline in his long-running fight against extradition to the U.S. on Monday as an English court granted him permission to challenge assurances from American authorities that the WikiLeaks founder would not face discrimination at trial.
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May 17, 2024
Manufacturer Slapped With Sanctions In Seaplane Crash Case
A Washington state judge sanctioned an aircraft manufacturer for "willful" discovery violations on Friday in a lawsuit over a 2022 seaplane accident that killed 10 people, then ruled during a hearing that maritime law covers the accident, which a plaintiffs attorney says will expand the relief victims' families can seek.
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May 17, 2024
Boeing Jury Urged To Award Startup At Least $163M At IP Trial
An electric-jet company told a Seattle jury Friday that Boeing misappropriated its trade secrets to build a copycat plane under the guise of investing in the startup, entitling it to an award of more than $163 million.
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May 17, 2024
VA Deal Winner Says Protest Not Based On Common Sense
The winner of a U.S. Department of Veterans Affairs mail-order pharmacy deal urged the U.S. Court of Federal Claims to toss a competitor's protest of the award, saying the protester's challenge was based on an incorrect reading of applicable regulations.
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May 17, 2024
How A $3K Pro Se Claim Led To A 9-0 High Court Decision
A milestone victory at the U.S. Supreme Court for $3,000 in wages started with a Pentagon worker’s principled commitment to his employer — a dedication that ironically led to a decadelong fight against his own bosses. Stuart R. Harrow and his attorneys speak to Law360 about how a seemingly low-stakes conflict turned into a high-profile case with reverberations for hundreds of federal employees.
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May 17, 2024
Defense Cos. Delaying Delivery Of F-35 Parts, Watchdog Says
A government watchdog has called out production and software delays within the U.S. Department of Defense's F-35 program, saying contractors Lockheed Martin and Pratt & Whitney are delivering aircraft and engines late despite the fighter jet moving into full production status.
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May 17, 2024
Sanctioned Man's Daughter Says Blacklist Inescapable
A Myanmar woman the U.S. blacklisted based on conclusions her father provided fuel to Myanmar's military regime accused the U.S. government of trapping her on a sanctions list, leaving her unable to support herself or complete studies at Columbia University.
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May 17, 2024
Industry Emboldened After Justices Galvanize Agency Attacks
In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.
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May 17, 2024
Menendez Bribery Trial: 5 Things To Know About Week 1
Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.
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May 17, 2024
Texas Judge Denies SpaceX's Rethink Bid In Transfer Spat
A Texas federal judge won't reconsider his decision to transfer SpaceX's constitutional challenge to the National Labor Relations Board's structure to a California court, saying on Friday that the rocket company didn't give a "compelling reason" to rethink the ruling.
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May 16, 2024
Investigate Pro-Gaza Reddit Post, GOP Pols Tell USPTO
An anonymous Reddit post purportedly from a patent examiner confessing "mixed feelings" about issuing a patent to an Israeli defense contractor, citing the country's ongoing bombardment of Gaza, has attracted the attention of Republicans in Congress and the director of the U.S. Patent and Trademark Office herself.
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May 16, 2024
Claims Court Revives $71.1M Deal That GAO Misinterpreted
The U.S. Court of Federal Claims ordered the National Geospatial-Intelligence Agency to reinstate a $71.1 million support deal, finding that the agency terminated the deal based on a federal watchdog's incorrect interpretation of the contract.
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May 16, 2024
Prosecutors Say Fake Fortune 500 Workers Funded N. Korea
The Biden administration alleged that North Korea may have raised $6.8 million to develop nuclear weapons by installing remote information technology workers at Fortune 500 businesses, announcing charges Thursday against two individuals accused of helping agents pose as U.S. employees.
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May 16, 2024
FCC To Pull Phone Co.'s Authorization To Operate In US
The Federal Communications Commission said Thursday it plans to revoke a telecom company's authorization to operate in the U.S. after the business failed to comply with an agreement with federal agencies stemming from a security review.
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May 16, 2024
C3.ai Shareholder Sues In Del., Citing Baker Hughes Pact
A shareholder of artificial intelligence-driven software developer C3.ai Inc. filed a derivative suit in Delaware's Court of Chancery late Wednesday, alleging breaches of fiduciary duty and unjust enrichment related to the California company's strategic partnership with Baker Hughes Co.
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May 16, 2024
Menendez Bribery Case Criminalizes Gifts, Jury Told
Prosecutors are trying to criminalize friendship, gifts and advocacy, the counsel for one of U.S. Sen. Robert Menendez's co-defendants said Thursday in an opening statement in the corruption trial in Manhattan federal court.
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May 16, 2024
Justices Say Deadline To Appeal Furlough Denial Is Flexible
The U.S. Supreme Court on Thursday revived a Pentagon employee's dispute seeking an exemption from a furlough, saying that a missed 60-day deadline to appeal the denied exemption does not put the matter out of federal courts' jurisdiction.
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May 15, 2024
Newman Wasn't At Fed. Circ. Conference, But She Was Invited
U.S. Circuit Judge Pauline Newman's absence from Tuesday's Federal Circuit Judicial Conference was not due to a lack of invitation, contrary to initial comments from her lawyer, but the law isn't explicit about whether a suspended judge legally could have been excluded.
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May 15, 2024
Iridium Partner Gets Novel FAA Waiver For Beyond-Sight Use
In what satellite phone company Iridium Communications is calling a "watershed moment," the Federal Aviation Administration is allowing one of its partner companies to begin beyond visual line of sight operations, Iridium said Wednesday.
Expert Analysis
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Unpacking The Interim Vet-Owned Small Biz Verification Rule
Government contractors that intend to bid for service-disabled veteran-owned small business set-aside contracts should immediately consider the potential impacts of a recently issued rule that specifies how contracting officers will verify that they have certified their status, say Derek Mullins and Beth Gotthelf at Butzel.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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Why Timely Gov't Contractor Registration Renewal Is Key
The U.S. Government Accountability Office's recent decision in TLS Joint Venture makes clear that a lapse in System for Award Management registration, no matter how brief, renders a government contractor ineligible for a negotiated procurement, so submit renewals with plenty of time to spare, say attorneys at Haynes Boone.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Inside OMB's Update On Race And Ethnicity Data Collection
The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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Contract Disputes Recap: Interpretation And Jurisdiction
Edward Arnold and Sarah Barney at Seyfarth examine three decisions by the U.S. Court of Federal Claims that show the importance of knowing who your contracting partner is, addressing patent ambiguities in a solicitation prior to award and keeping basic contract principles in mind when evaluating performance obligations.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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Analyzing New EU Measure To Prevent Reexports To Russia
Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.