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Aerospace & Defense
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July 08, 2024
Trump's Mar-a-Lago Case Slowed After Immunity Ruling
The Florida federal judge overseeing Donald Trump's criminal case over retaining classified national security documents at Mar-a-Lago after leaving the White House temporarily halted some proceedings following the U.S. Supreme Court's presidential immunity ruling, and also denied a motion to dismiss the superseding indictment against Trump's personal aide.
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July 08, 2024
Feds Seize $63M LA Estate Tied To Armenian Bribe Probe
The U.S. Department of Justice said Monday that it will seize a $63 million Los Angeles estate that it claims was bought with bribe payments for the family of a former Armenian government official.
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July 08, 2024
Boeing To Plead Guilty, Pay $243M Fine In DOJ 737 Max Deal
Boeing has agreed 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 late Sunday.
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July 05, 2024
GAO Approves Of Rival Co.'s Use Of Same Subcontractor
The U.S. Government Accountability Office has rejected a protest over a Defense Health Agency healthcare delivery modernization task order, saying Peraton Inc. was allowed to use the same subcontractor as rival ViiMed after the DHA ended ViiMed's similar deal.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Trump Urges Halt To Mar-A-Lago Case, Citing Immunity Ruling
Former President Donald Trump urged a Florida federal judge Friday to pause the criminal case that accuses him of illegally retaining classified documents at his Mar-a-Lago residence after leaving the White House, citing a recent U.S. Supreme Court ruling that said he might be immune to charges related to official acts.
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July 05, 2024
Self-Driving Tech Co. Disputes Chinese Military Designation
Lidar technology firm Hesai has urged a Washington, D.C., federal judge to overturn its designation as a Chinese military company, saying the Pentagon had failed to show it had any connection to China's military industrial base.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 03, 2024
Menendez's Focus On Ally's Case Was Legitimate, Jury Told
Sen. Robert Menendez rested his bribery defense Wednesday after a prominent criminal defense attorney testified that Menendez was not alone in finding a certain prosecution "abusive," rebutting the notion that the lawmaker's interest was part of a quid pro quo.
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July 03, 2024
Electric Jet Co. Scoffs At Boeing Bid To Undo $72M IP Verdict
Zunum Aero Inc. said that a federal judge should reject The Boeing Co.'s efforts to cancel a $72 million jury award for misappropriating the electric jet startup's trade secrets, saying evidence presented during a 10-day trial in May amply supports the verdict.
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July 03, 2024
SpaceX Can Proceed With 2nd NLRB Constitutional Challenge
The National Labor Relations Board can't press pause on SpaceX's second fight over the constitutionality of the agency's structure, a Texas federal judge ruled Wednesday, saying the board couldn't demonstrate why the proceeding should be stayed.
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July 03, 2024
JV Questioned Over Small Biz's Role Can't Upend $50M Deal
A joint venture couldn't upend a $50 million IT contract, failing to convince the U.S. Government Accountability Office that a federal officer was wrong to question what its protégé member brought to the table during an early stage of bidding, the GAO has said.
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July 03, 2024
Guo Witnesses Point To Chinese Harassment Of Dissidents
Defense witnesses in the $1 billion fraud trial of Miles Guo told a Manhattan federal jury Wednesday that the Chinese dissident is a prime target of "Operation Fox Hunt," an alleged program within China's government that aims to silence and repatriate critics of the regime.
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July 03, 2024
Veterans Ask High Court To Revive PTSD Benefits Claims
Two military veterans urged the U.S. Supreme Court to remand Federal Circuit rulings that denied their benefits claims for post-traumatic stress disorder, saying the lower courts failed to properly review whether they deserved the benefit of the doubt.
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July 03, 2024
Chevron Reversal May Shift Contract Dispute Outcomes
The U.S. Supreme Court's upending of its 40-year-old Chevron doctrine, which deferred to federal agencies' interpretation of ambiguous legislation, could reverberate outside the statutory realm and give government contractors an edge while contesting agencies' read of contract language, experts say.
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July 03, 2024
DLA Piper Adds McGuireWoods' Downtown LA Shop Lead
McGuireWoods LLP's former Los Angeles downtown office head is taking her class action and complex litigation-focused practice in finance, technology, aerospace and oil industries to DLA Piper, the firm announced this week.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Contractor Says Chevron Reversal 'Upends' Navy Deal Suit
A military contractor seeking to undo the U.S. Navy's contract with a competitor for support services at European bases has told the Federal Circuit that the U.S. Supreme Court's recent overturning of the so-called Chevron doctrine "upends" the underlying decision in its suit.
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July 02, 2024
Challenge To Army Container Corrective Action Dismissed
The U.S. Court of Federal Claims on Monday swept aside a challenge to the U.S. Army Materiel Command's revamped Army shipping container project.
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July 02, 2024
House Dems Urge More F-16 Training For Ukrainian Pilots
Fifteen House Democrats implored the U.S. Department of Defense on Monday to support Ukraine's request to train 10 additional pilots on F-16 fighter jets this year.
Expert Analysis
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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How DOD Can Improve Flexibility Under Proposed Cyber Rule
The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.
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Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely
The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.
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6th Circ. Ruling Breathes New Life Into Article III Traceability
The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.
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Aviation Watch: 737 Max Blowout Raises Major Safety Issues
The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.
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Exporters Should Approach Self-Disclosure With Caution
A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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How Recent Laws Affect Foreign Purchase Of US Real Estate
Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.
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Freight Forwarders And Common Carriers: Know Your Cargo
Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Opinion
The PLUS Act Is The Best Choice For Veterans
Of two currently pending federal legislative proposals, the Preserving Lawful Utilization of Services Act's plan to diversify and expedite the processing of veterans' claims through an expanded network of accredited providers offers the better solution, say Michael Andrews at McGuireWoods and Matthew Feehan at Nearside Solutions.