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Aerospace & Defense
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September 05, 2024
Russia 'History Nerd' Avoids Jail In Probe Of Oligarch Ties
A Manhattan federal judge on Thursday allowed a Soviet Union-born Russia history buff to avoid time behind bars for lying the FBI about his affiliation with an anti-Ukraine group controlled by indicted Russian oligarch Konstantin Malofeyev.
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September 05, 2024
11th Circ. Urged To Boot Fla. Judge From Trump Docs Case
The nonprofit organization Citizens for Responsibility and Ethics in Washington, a former federal judge and law professors have called on the Eleventh Circuit to reinstate the classified documents case against former President Donald Trump and remove U.S. District Judge Aileen Cannon from the matter because she appears biased toward Trump.
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September 12, 2024
Squire Patton Hires Disputes Pro From Eversheds Sutherland
Squire Patton Boggs LLP has said that a former trainee who specializes in commercial disputes has returned to the firm as a partner in its office in Birmingham, as it continues to expand its litigation practice across the U.K.
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September 04, 2024
Marine Atty Fights Sanctions In Afghan Baby Kidnapping Suit
A U.S. Marine Corps lawyer facing a $15 million lawsuit for allegedly kidnapping an orphaned Afghan baby urged a Virginia federal judge to reject a bid by the baby's cousins for attorney fees as part of a sanctions order against him and his wife.
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September 04, 2024
Virgin Galactic Investor Says Branson, Brass Hid Safety Risks
A Virgin Galactic stockholder sued the aerospace and space tourism company's founder Richard Branson and top executives in Delaware's Court of Chancery, alleging the billionaire profited by selling off equity at an inflated price while failing to publicly disclose his knowledge of purportedly pervasive safety issues.
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September 04, 2024
2nd Circ. Tosses Sudan's Appeal Over 9/11 Immunity Denial
The Second Circuit has tossed the Republic of the Sudan's challenge to a ruling that the country wasn't immune to liability for allegedly supporting al-Qaida in the lead-up to the 9/11 terrorist attacks, saying the appeal was barred by law.
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September 04, 2024
Groups Urge DC Circ. To Reject Pharma Terrorism Liability Claims
Business and nongovernmental organization advocacy groups have urged the D.C. Circuit to rule that terrorism victims can't hold pharmaceutical companies liable for their injuries, citing a U.S. Supreme Court decision rejecting similar liability claims against technology companies.
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September 04, 2024
2 Media Workers Indicted In Russian Influence Probe
Two employees of Russian state-controlled media channel RT were indicted by federal prosecutors on charges of engaging in a $10 million scheme to distribute Kremlin propaganda to U.S. audiences, part of a series of actions announced by the Biden administration Wednesday to crack down on Russian misinformation ahead of the November election.
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September 04, 2024
3M Earplug Plaintiffs Want Child Support Subpoena Blocked
The plaintiffs' leadership group representing service members and others in multidistrict litigation against 3M Co. over injuries stemming from its Combat Arms Earplugs asked a Florida federal court Wednesday to block the state of Washington Division of Child Support from interfering in the $6 billion settlement reached earlier this year.
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September 04, 2024
4th Circ. Says Trade Secrets Verdict Wrongly Based On Va. Law
The Fourth Circuit wants a Virginia federal court to take another crack at a trade secrets dispute brought by an industrial equipment supplier against a former employee who founded and operated two competitors while working for it, concluding a jury's verdict was based on the wrong laws.
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September 04, 2024
US Steel, Nippon Defend Deal After VP Harris Voices Concern
U.S. Steel and Nippon Steel on Wednesday reiterated the value they see in their planned $14.9 billion merger, despite opposition voiced by Vice President Kamala Harris, President Joe Biden and former President Donald Trump.
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September 03, 2024
DOJ Charges Senior Hamas Leaders Over Oct. 7 Attacks
The U.S. Department of Justice on Tuesday announced criminal charges against six senior Hamas leaders the agency said had "central roles" in planning, supporting and perpetrating the Oct. 7 Hamas attack in Israel.
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September 03, 2024
5th Circ. Panel Pushes Plaintiff Groups In Oil Terminal Row
A Fifth Circuit panel seemed wary of a claim by several groups who argued they hadn't forfeited arguments relating to vessel traffic on Texas' Gulf Coast, saying during oral arguments last week that the group's brief didn't include anything about forfeiture.
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September 03, 2024
Maduro's Private Jet Seized In Fla. Over Sanctions Violation
Federal officials have seized a private jet used by Venezuelan President Nicolás Maduro and his affiliates, alleging that it was purchased illegally using a shell company and smuggled out of Florida in violation of sanctions and export control laws, according to the U.S. Department of Justice.
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September 03, 2024
KBR Relator Says 5th Circ. Loss Doesn't Affect Fee Motion
The estate of a whistleblower rebuffed KBR Inc.'s efforts to use a Fifth Circuit decision invalidating his share of a fraud settlement to avoid covering $826,000 in legal costs, arguing the settlement preserved his rights to a fee award.
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September 03, 2024
Judge Axes DoD Engineer's Release In 'Top Secret' Docs Case
A Virginia federal judge revoked a release order for a U.S. Department of Defense civilian employee accused of taking top secret and other classified documents from his workplace, saying instead that he should remain detained "pending disposition of this case."
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September 03, 2024
Judge Skeptical Navy Owes Millions For IP Infringement
A Federal Circuit judge appeared skeptical Tuesday about a software firm's demand for $85.9 million in damages for the Navy's unauthorized copies of its software, suggesting the company hadn't proven its eligibility for more than the $154,400 it was previously awarded.
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September 03, 2024
FCC Bans Kaspersky Software In Authorized Equipment
The Federal Communications Commission is banning the use of certain Russian-made cybersecurity and antivirus software from Kaspersky Labs in agency-authorized telecommunications equipment, months after the U.S. Department of Commerce said the software could pose national security risks.
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September 03, 2024
Ex-Defense Contractor Arrested In $350M Tax Evasion Case
A former defense contractor who, with his wife, is facing a 30-count indictment alleging they were involved in a decades-long scheme to defraud the U.S. government and avoid taxes on more than $350 million in income was arrested Tuesday.
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September 03, 2024
Harris Follows Biden In Opposing $15B US Steel-Nippon Deal
Vice President Kamala Harris said Monday that she would oppose Nippon Steel's $14.9 billion proposed takeover of U.S. Steel if elected president, following President Joe Biden's lead and signaling that she would take a tough stance when it comes to mergers and acquisitions that could jeopardize national security and domestic jobs.
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September 03, 2024
Former Aide To NY Gov. Indicted On Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.
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August 30, 2024
Vets, Attys Urge Supreme Court To Topple Feres Doctrine
Veterans groups and lawmakers contend it's "high time" for the U.S. Supreme Court to scrap its 74-year-old doctrine prohibiting military service members and their families from suing the U.S. for negligence, arguing the vague rule has left soldiers with fewer rights than prisoners and noncitizens.
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August 30, 2024
CrowdStrike VP Called To House Hearing On Global IT Outage
A U.S. House of Representatives subcommittee will dig into the faulty CrowdStrike software update that caused a massive global tech outage, revealing plans Friday for a September hearing that will feature testimony from a senior executive at the cybersecurity firm.
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August 30, 2024
Army Can Overlook FCA Settlement For $86M Booz Allen Deal
The U.S. Government Accountability Office has denied a protest over an $86.3 million laboratory support deal, saying the U.S. Army hadn't improperly ignored a high-profile recent False Claims Act settlement when awarding the deal to Booz Allen Hamilton Inc.
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August 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
Expert Analysis
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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.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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New Russia Sanctions Reveal Int'l Enforcement Capabilities
Significant new U.K., U.S. and EU sanctions imposed on Russia notably target Europe-based individuals and entities accused of sanctions evasion, and with an apparent political will to enhance capabilities, the rhetoric is translating into international enforcement activity, say lawyers at Cadwalader.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.