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Aerospace & Defense
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July 17, 2024
Watchdog Says Army Didn't Properly Review Ukraine Invoices
A U.S. Department of Defense watchdog has criticized the U.S. Army for failing to properly oversee a task order supporting maintenance and repair of equipment for Ukraine, saying the Army allowed $20 million in contractor invoices to be paid without checking they were legitimate.
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July 17, 2024
Russian Gets 3 Years For Smuggling US Military Technology
A Russian national was sentenced to three years in prison Wednesday by a New York federal judge after admitting to scheming to smuggle U.S. microelectronics used in military settings.
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July 17, 2024
Judge Trims Sentence For Crypto Expert Who Aided N. Korea
A New York federal judge has cut seven months from the sentence of a computer expert convicted of furthering North Korean blockchain development in light of recently revised U.S. sentencing guidelines.
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July 17, 2024
6th Circ. Skeptical About Nixing Diver's Harassment Verdict
The Sixth Circuit appeared inclined Wednesday to uphold a $58,000 verdict awarded to a commercial diver who accused an environmental cleanup company of subjecting her to harassment and belittlement, with several judges expressing doubt about superseding the jury's conclusion.
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July 17, 2024
New Mexico Adds Superfund Claims To PFAS Suit Against US
New Mexico is expanding its lawsuit against the federal government over costs related to cleaning up forever chemicals near military sites by utilizing a new rule listing the substances as hazardous under the Superfund law.
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July 16, 2024
Feds Say Ex-CIA Analyst Secretly Worked For Korea
Federal prosecutors have accused a former Central Intelligence Agency analyst and prominent foreign policy expert of advocating for South Korea's policy positions and working with its spies in exchange for luxury goods, "high-priced dinners" and other gifts, according to an indictment unsealed Tuesday in New York federal court.
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July 16, 2024
Claims Court Can Decide Follow-On Other Transaction Deal
A Court of Federal Claims judge ruled that her court has jurisdiction to hear a dispute over a contract following on from a U.S. Army Other Transaction Authority agreement, but threw out the case anyway because the protester let a required federal registration lapse.
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July 16, 2024
Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law
Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.
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July 16, 2024
KBR Whistleblower Loses $1.1M Settlement Award At 5th Circ.
The Fifth Circuit on Tuesday reversed a KBR Inc. whistleblower's $1.1 million share of a False Claims Act settlement over alleged Iraq War contract kickbacks, agreeing with the federal government that the now-deceased whistleblower's estate deserved nothing since none of his claims were settled.
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July 16, 2024
3 Reasons Why 2nd Menendez Bribery Case Was The Charm
Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.
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July 16, 2024
Trump Special Prosecutor Ruling Could Find Favor On Appeal
When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.
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July 16, 2024
Kaspersky To End US Operations After Commerce Dept.'s Ban
A Russian cybersecurity and antivirus provider will begin closing U.S. operations and laying off workers Sunday, after the U.S. Department of Commerce banned it from selling its products in the U.S. or to U.S. citizens.
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July 16, 2024
SpaceX Loses Bid To Block Rival's Earth Station Renewals
The Federal Communications Commission denied SpaceX's request to reconsider the agency's renewal of licenses for three earth stations from satellite communications company DBSD Corp., saying in a new order that SpaceX showed little to support its claim that DBSD was using "obstructionist" tactics to interfere with SpaceX operations.
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July 16, 2024
DC Circ. Says Iraq Immune To $120M Contract Row
A D.C. Circuit panel on Tuesday threw out a $120 million judgment levied against Iraq for its refusal to pay a Pennsylvania defense contractor for rebuilding the country's military equipment, ruling after more than a decade of litigation that Iraq is immune from the jurisdiction of the U.S. courts.
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July 16, 2024
Ex-Mozambique Official Accused Of $2B Fraud As Trial Opens
Federal prosecutors told a Manhattan jury Tuesday that Mozambique's former finance minister took $7 million in bribes in a "corrupt" plot to enrich himself and defraud investors after $2 billion in state-backed development projects flopped.
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July 16, 2024
Pentagon, GSA Seek 'Record-Setting' Clean Energy Projects
The U.S. Department of Defense and the U.S. General Services Administration say they are going for "record-setting federal purchases of clean energy" in a joint statement seeking contractors who will be able to get multiple federal facilities running entirely on carbon-pollution-free power by 2030.
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July 16, 2024
FCC Says Call Routing Protocols Need Better Security
The Federal Communications Commission says it's stepping up its efforts to better secure the signaling protocols mobile telecom providers use to place and maintain calls, telling concerned lawmakers that carriers nationwide have implemented the commission's best practices for network security.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 16, 2024
Gibson Dunn, Kirkland Steer $737M KBR-LinQuest Deal
Gibson Dunn is steering Houston-based defense and space contractor KBR on a new deal to buy LinQuest Corp., a provider of defense analytics to the U.S. government represented by Kirkland & Ellis, for $737 million, according to a statement from KBR on Tuesday.
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July 16, 2024
Menendez Guilty Of 'Shocking Corruption,' Urged To Resign
A New York federal jury found U.S. Sen. Robert Menendez guilty on Tuesday of taking gold bars, cash and a Mercedes-Benz as bribes from three businessmen, handing a victory to the government on its second try to convict the embattled New Jersey Democrat on corruption charges and prompting calls for his resignation.
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July 15, 2024
9th Circ. Won't Revive Challenge Of US Military Aid To Israel
Palestinian human rights activists cannot revive their lawsuit challenging the Biden administration's support for Israel's military efforts in Gaza, the Ninth Circuit ruled Monday, saying the decision to provide military or other aid to a foreign nation is a political arrangement that does not belong in the courts.
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July 15, 2024
Gov't Facing Sanctions Over Docs Withheld In Contract Row
A Court of Federal Claims judge has ordered the federal government to explain why it shouldn't be sanctioned for wrongly asserting privilege and withholding documents in a dispute over the allegedly bad faith cancelation of a U.S. Air Force construction task order.
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July 15, 2024
Menendez Jury Seeks Deliberation Guidance In 2 Notes
The Manhattan federal jury weighing bribery charges against Sen. Robert Menendez and two businessmen sent two notes Monday indicating confusion as to fundamental issues.
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July 15, 2024
Owner Of Bankrupt Gov't Contractor Charged With Perjury
The owner of a bankrupt government water contractor has been indicted on perjury charges, accused of falsifying the company's bankruptcy filings by failing to report millions in assets transferred to her and other company insiders.
Expert Analysis
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Cos. Should Prepare For Foreign Data Transfer Regulations
A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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Breaking Down The Latest National Security Tech Regulations
Companies all along the semiconductor value chain, across all industries and all geographies, should be mindful of the nature and extent of the highly complex, sweeping U.S. export controls, and how they can impact research and development, investment, production, and sales, say Brendan Saslow and Anthony Rapa at Blank Rome.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Defense Attys Must Prep For Imminent AI Crime Enforcement
Given recent statements by U.S. Department of Justice officials, white collar practitioners should expect to encounter artificial intelligence in federal criminal enforcement in the near term, even in pending cases, say Jarrod Schaeffer and Scott Glicksman at Abell Eskew.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bid Protest Spotlight: Nonprecedential, Unreasonable, Scope
James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.