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Aerospace & Defense
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July 15, 2024
Airstrike Survivors Lose Bid To Block UAE's $23.4B Arms Sale
A Washington, D.C., federal court dismissed an effort to block a $23.4 billion arms sale to the United Arab Emirates, saying the plaintiffs — survivors of a 2019 airstrike in Libya — hadn't shown a likelihood of getting attacked again.
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July 15, 2024
TitleMax Can't Nix Usury Claim, Ga. Woman Tells Judge
A woman suing TitleMax over predatory lending to U.S. military members and their family members is urging a Georgia federal judge to keep her proposed class action alive, arguing the company's bid to have it thrown out must fail.
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July 15, 2024
Military Families Fight Gov't Bid To Slash Fuel Leak Payout
Military family members and civilians have fired back at the federal government's attempt to dramatically undercut their request for damages following a bellwether bench trial in litigation stemming from fuel leaks tied to a now-shuttered Navy storage facility at Pearl Harbor.
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July 15, 2024
Trump Running Mate Is Foe Of DOJ 'Political Prosecutions'
Donald Trump announced Monday that his running mate will be Ohio Sen. J.D. Vance, who over the last year has gone after the U.S. Department of Justice and Attorney General Merrick Garland for what he deems are political prosecutions of the former president.
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July 15, 2024
Trump Classified Docs Case Canned Over Special Counsel Law
A Florida federal judge on Monday tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, ruling that the appointment of a special prosecutor for the case is unconstitutional.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Engineering Firms Ink $26.5M Deals To End 'No-Poach' Claims
Four engineering firms have agreed to shell out a total of $26.5 million, while a fifth has pledged to cooperate, to settle a proposed class action alleging they conspired to restrict hiring through "no-poach" agreements, leaving RTX Corp. unit Pratt & Whitney as the sole defendant, plaintiffs told a Connecticut federal judge on Friday.
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July 12, 2024
10th Circ. Tosses Prof's Conviction In 'China Initiative' Case
A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.
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July 12, 2024
Claims Court Sends Back Row Over DOD Construction Deal
A Court of Federal Claims judge has tossed one protest over a U.S. Department of Defense construction support contract and remanded another to the DOD, saying the department needs to properly justify its choice of contractor.
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July 12, 2024
Military's IVF Policy Defense Fails Post-Chevron, Group Says
A nonprofit that's challenging the U.S. military's in vitro fertilization coverage policy for service members told a New York federal judge that federal agencies cannot claim they're entitled to Chevron deference in the wake of the U.S. Supreme Court's recent decision overturning the decades-old precedent.
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July 12, 2024
Subcontractor Ducks Counterclaims In $1M Army Lab Suit
The prime construction contractor for a U.S. Army lab failed to provide enough evidence to bring counterclaims against a subcontractor in its $1 million breach of contract suit, a Massachusetts federal judge has ruled.
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July 12, 2024
Reservist Found Guilty Of Taking Bribes For Visa Letters
A U.S. Navy Reserve officer was found guilty in New Hampshire federal court on Friday of accepting bribes from Afghan nationals seeking recommendations for special immigrant visas, green cards reserved for individuals who assist the U.S. military.
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July 12, 2024
DC Circ. Upholds FCC Approval Of SpaceX Satellite Plan
A D.C. Circuit panel Friday affirmed a Federal Communications Commission license authorizing SpaceX to deploy thousands of its Starlink satellites, rejecting challenges from satellite TV provider Dish Network LLC and advocacy group DarkSky International.
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July 12, 2024
MoneyLion Cites High Court Rulings In Bid To Toss CFPB Suit
MoneyLion Technologies Inc. told a New York federal judge on Friday that two recent U.S. Supreme Court rulings, including the reversal of the so-called Chevron deference doctrine, support the challenge to military lending regulations it is accused of violating in a lawsuit by the Consumer Financial Protection Bureau.
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July 12, 2024
Menendez Bribery Case Goes To Jury
A Manhattan jury began deliberating Friday over bribery and other charges against Sen. Robert Menendez and two New Jersey businessmen after hearing hours of instructions in the 18-count case and eating their final lunch with five alternates.
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July 12, 2024
CACI Can't Avoid New Trial In Abu Ghraib Torture Case
A Virginia federal judge has refused to revisit a decision denying CACI International's attempt to toss a case accusing the company of aiding torture at Iraq's Abu Ghraib military prison following a mistrial, saying CACI hasn't shown any error in her earlier ruling.
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July 12, 2024
Biggest Washington Decisions Of 2024: A Midyear Report
The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.
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July 11, 2024
Whispers, Curses As Menendez Trial Inches Toward Jury
Federal corruption prosecutors wound down their bribery case against Sen. Robert Menendez Thursday with a mixture of dramatic into-the-mic whispering and reliance on the adjective "damn" as they argued that nothing in the tale would make sense without the alchemizing element of crime.
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July 11, 2024
Calif.'s Insulin Cost Suit Belongs In Fed. Court, 9th Circ. Told
Express Scripts and Caremark PCSHealth urged the Ninth Circuit on Thursday to reverse a lower court's order sending California's antitrust suit over skyrocketing insulin prices back to state court, with both appellants' counsel arguing the state's claims involve disputes over federal contracts and regulations that must be resolved in federal court.
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July 11, 2024
Feds Seek Input On 37 GHz Sharing Plans
Federal regulators intend to ask for the public's input in August about a possible revamp of the lower 37 gigahertz airwaves, the U.S. Department of Commerce said.
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July 11, 2024
Navy Can't Get Out Of Ex-Marine's PTSD Discrimination Suit
A Washington federal judge won't let the U.S. Navy out of a suit from a former Marine alleging that he was discriminated against and terminated over his post-traumatic stress disorder, saying there is enough evidence that a fact-finder could determine his boss retaliated against him.
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July 11, 2024
Jurisdiction Issue May Doom Taliban-Seized Warehouse Suit
A logistics company's suit seeking $41 million in coverage after one of its warehouses in Afghanistan was seized by the Taliban will be tossed for lack of subject matter jurisdiction unless the company can cure the deficiency, which "does not appear feasible," a New York federal court ruled.
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July 11, 2024
Atty's Suit Against Aircraft Cos., Blank Rome Attys Survives
A federal judge ruled in favor of a lawyer who alleges that aircraft companies and attorneys with Blank Rome LLP brought a baseless lawsuit against her in retaliation for switching from corporate defense to the plaintiffs bar, denying a motion to dismiss and allowing her lawsuit to continue.
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July 11, 2024
Top Atty At Army Center Of Military History Joins Shook Hardy
The former chief counsel for the U.S. Army Center of Military History has joined Shook Hardy & Bacon LLP as co-chair of the firm's growing art law practice, the firm announced Thursday.
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July 10, 2024
Magnets Co. Must Face Export Control Violation Claims
A magnetics manufacturer couldn't ditch criminal charges that it shipped sensitive defense-related schematics to Chinese companies without a federal license, after a Kentucky judge ruled that it bears the burden of showing the data qualified for exceptions under export regulations.
Expert Analysis
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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.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.
A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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Wesco Ch. 11 Ruling Marks Shift In Uptier Claim Treatment
A Texas bankruptcy court’s recent decision in In re: Wesco Aircraft Holdings leaves nonparticipating creditors with a road map to litigate to judgment non-pro rata liability management transactions, and foreshadows that bankruptcy courts may no longer be a friendly forum for these types of claims, say attorneys at Ropes & Gray.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.