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Aerospace & Defense
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July 29, 2024
Catching Up With Delaware's Chancery Court
Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.
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July 29, 2024
White Collar Update: 4 Developments To Watch
White-collar lawyers are on the lookout for U.S. Department of Justice actions targeting artificial intelligence "snake oil," aggressive pandemic-relief fraud prosecutions, and carrots for corporations and whistleblowers who expose misconduct. Here's a look at some key developments to watch in the second half of 2024.
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July 26, 2024
Apple Commits To White House Guidelines For Responsible AI
Apple Inc. has signed onto the Biden administration's voluntary guidelines for "responsible" artificial intelligence innovation, joining the likes of Amazon.com Inc., Google LLC, Microsoft Corp. and a dozen other leading tech companies, the White House announced Friday.
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July 26, 2024
DOJ Inks Deals With Ex-FBI Agent, Atty Over Release Of Texts
The U.S. Department of Justice and two former FBI employees whose texts disparaging former President Donald Trump were made public told a Washington, D.C., federal judge Friday they have reached settlements in their privacy rights cases.
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July 26, 2024
State Street Inks $7.5M Deal Over Russia Sanctions Violations
Financial services giant State Street has agreed to pay nearly $7.5 million to resolve apparent violations by its investment management solution subsidiary Charles River Systems Inc. of Obama-era sanctions targeting Russian actions against Ukraine, the U.S. Department of the Treasury announced Friday.
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July 26, 2024
Alaska Passengers' Safety Reg Stance Baffles Wash. Judge
A Washington state judge on Friday called out Alaska Airlines passengers' "absurd" suggestion that there was a hole in federal aviation standards that could allow states to set their own rules for when pilots can allow people into the cockpit.
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July 26, 2024
More Airwaves Needed To Support Drones, FCC Told
Several utility companies have come together to tell the Federal Communications Commission that they need more room in the 5 gigahertz and 4.9 GHz bands for drone operations, which they say make their employees' jobs safer and easier.
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July 26, 2024
GAO Says Peraton Premature On Unfair GSA Probe Claims
The U.S. Government Accountability Office has tossed Peraton Inc.'s protest alleging the General Services Administration acted unfairly during corrective action on a task order for Army intelligence services, saying the dispute was premature.
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July 26, 2024
RTX Earmarks $1.2B For Anticipated Deals With DOJ, SEC
RTX Corp., formerly known as Raytheon, said it has set aside more than $1.2 billion for anticipated deferred prosecution agreements and other deals with U.S. regulators stemming from investigations that include allegations of improper payments tied to contracts in the Middle East.
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July 26, 2024
Two Admit Trying To Bribe IRS Official On China's Behalf
Two people admitted to secretly acting on behalf of the Chinese government and bribing an undercover agent in connection with a scheme to revoke the tax-exempt status of U.S. participants in a spiritual practice banned in China, according to New York federal court filings.
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July 26, 2024
Boeing Sued In Del. For Docs On Safety, Quality Failures
Two Boeing Co. pension fund stockholders sued in Delaware's Court of Chancery late on Thursday seeking access to company documents on safety and quality issues involving the 737 MAX, 777 and 787 commercial passenger jets, alleging a "slow rolling" of responses by the industry giant.
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July 26, 2024
Helicopter Co., Ex-Worker End Remote Work Termination Suit
A helicopter manufacturer and its former material supply management worker who accused it of failing to accommodate her anxiety and terminating her when she asked to work remotely have agreed to permanently drop the former employee's suit, according to a stipulation filed Friday in Pennsylvania federal court.
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July 26, 2024
Tyco Inks Deal With Insurer Over Foam MDL Coverage
Firefighting foam maker Tyco Fire Products LP told a South Carolina federal judge Friday that it reached a tentative settlement with one of several of its insurers to resolve its fight to score coverage in sprawling multidistrict litigation over pollution from so-called forever chemicals.
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July 25, 2024
Boeing's 737 Max Plea Deal: Monitorship, Gov't Contracts
Boeing will be branded with a felony criminal conviction after pleading guilty to conspiring to defraud U.S. regulators over the 737 Max 8's development, an ignominious distinction with fresh complications for the embattled American aerospace titan as it overhauls its corporate culture under a compliance monitorship.
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July 25, 2024
NY Jury Convicts Int'l Bank Safe Deposit Box Scammer
Following a seven-day trial, a New York federal jury in Brooklyn found a member of an alleged organized crime group guilty of stealing millions in cash and goods from European banks.
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July 25, 2024
Feds Unseal Indictment Against Fla. IT Worker in Spying Case
The U.S. Department of Justice has unsealed an indictment charging a Chinese-born American citizen with conspiring to act as an agent of the People's Republic of China, saying the PRC used the Florida information technology worker as a "cooperative contact" to support its intelligence goals.
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July 25, 2024
Watchdog Says $30.2M IT Contract Holder Didn't Overedit Bid
The U.S. Government Accountability Office upheld the U.S. Space Force's $30.2 million IT deal, rejecting claims that the eventual award-holder had revised too much of its bid after being allowed to alter parts of its proposal.
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July 25, 2024
Texas Judge Again Orders Transfer Of SpaceX NLRB Suit
A Texas federal judge again denied SpaceX's request that he reconsider an earlier decision transferring to California the company's challenge to the constitutionality of the National Labor Relations Board, reaffirming a May decision holding the company did not provide good reason to rethink the transfer.
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July 25, 2024
Watchdog Backs $77.8M DOD Deal Over Ethics Concern
The U.S. Government Accountability Office tossed claims that the U.S. Department of Defense's $77.8 million audit services order was tainted by an official's prior work for the awardee, Deloitte & Touche LLP, saying the DOD correctly dismissed the conflict claims after a thorough investigation.
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July 25, 2024
Judge Won't Ax Afghan Pair's Kidnapping Suit Against Marine
A Virginia federal court has refused to toss an Afghan couple's claims that a U.S. Marine schemed to abduct an orphaned cousin, saying the federal courts' rule against hearing domestic disputes doesn't bar the couple's $15 million fraud case.
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July 25, 2024
11th Circ. Sets Briefing Schedule In Mar-A-Lago Docs Appeal
Briefing in special counsel Jack Smith's appeal of the dismissal of the classified documents criminal case against former President Donald Trump will run through mid-October, according to a scheduling notice from the Eleventh Circuit on Thursday.
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July 24, 2024
Boeing, DOJ Finalize 737 Max Plea Deal
The Boeing Co. has finalized its agreement to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing Wednesday evening.
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July 24, 2024
Canadian Woman Gets 2 Years For Russian Export Scheme
A New York federal judge on Wednesday sentenced a Canadian woman to two years in prison for laundering funds in connection to the export of sensitive technology to Russia in violation of U.S. sanctions, and she accused the defendant of lying about her culpability during her sentencing hearing.
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July 24, 2024
Co. Wants Gov't Sanctioned For Late Docs In Contract Dispute
A contractor for the U.S. Air Force has urged the Court of Federal Claims to sanction the government after allegedly providing documents late and destroying other documents related to the company's suit alleging the Air Force wrongly terminated a support contract.
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July 24, 2024
Naval Engineers Urge 4th Circ. To Revive No-Poach Suit
A pair of former naval engineers have urged the Fourth Circuit to revive their proposed class action accusing military shipbuilding contractors and related firms of using secret "no-poach" agreements, saying their suit was wrongly ruled untimely amid a cover-up of the alleged scheme.
Expert Analysis
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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'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.
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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.
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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.
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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.
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Best Practices For Space Security In Our Connected World
NASA's recently published space security guide is another indication that cyber-resilience has become a global theme for the space and satellite sector, as well as a useful reference for companies and organizations reviewing their cybersecurity frameworks or looking to partner with the U.S. agency, says Hayley Blyth at Bird & Bird.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.