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Aerospace & Defense
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September 09, 2024
House OKs Bill To Bar Contracts With Chinese Biotech Cos.
Driven by concerns about U.S. genetic data being shared with the Chinese government, House lawmakers passed a bill on Monday to bar federal agencies from buying certain biotechnology linked to the Chinese government or from contracting with firms that use those products.
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September 09, 2024
Navigation Co. Defends Plan To Deploy GPS Alternative
A geolocation company's bid for an exclusive license for a portion of the lower 900 megahertz band to deploy mobile broadband and a navigation system to backstop the Global Positioning System has hit resistance at the Federal Communications Commission.
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September 09, 2024
Think Tank Leader Re-Arrested On Foreign Agent Charges
An Israeli-American professor who was indicted on charges of working as an unregistered agent for the Chinese government and international arms trafficking has been arrested again after he fled the authorities last year in Cyprus, the U.S. government told a federal judge in Manhattan on Monday.
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September 09, 2024
DC Circ. Revives Legal Malpractice Suit Over Terrorism Case
The D.C. Circuit has revived legal malpractice claims brought by the family of a bombing victim who was killed in Jerusalem in 1997 by Hamas militants, after the family claimed their counsel's slow progress deprived them of a chance at a larger recovery in a mass disbursement of Iranian assets to terrorism victims.
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 06, 2024
DC Circ. Considers Age Of Ex-Trump Aide's Surveillance Claims
Even after more than an hour of argument, the D.C. Circuit didn't seem convinced Friday that ex-Trump 2016 campaign adviser Carter Page timely accused the Justice Department, the FBI and several individuals of various violations tied to their surveillance of him as they probed Russian election interference.
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September 06, 2024
VA Must Turn LA Campus Into Vets' Housing, Judge Says
A California federal judge on Friday ruled in favor of a class of disabled homeless military veterans alleging that they're facing disability discrimination due to the lack of permanent supportive housing on a West Los Angeles campus.
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September 06, 2024
Gov't Asks Fed. Circ. To Rehear AI Deal Dispute
The federal government is urging the Federal Circuit to revisit a high-profile decision reviving an artificial intelligence company's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the ruling wrongly expanded the Court of Federal Claims' bid protest jurisdiction.
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September 06, 2024
Military Borrowers Get Initial Nod On $64M USAA Settlement
USAA Federal Savings Bank garnered initial approval of a $64.2 million settlement that draws to a close nearly three years of litigation over claims it disregarded federal laws protecting military borrowers, according to an order filed Friday in North Carolina federal court.
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September 06, 2024
FDII Covers Overseas Services For US Gov't, Memo Says
Government contractors that provide services to U.S. operations overseas are allowed to claim the deduction for foreign-derived intangible income, the IRS said in one of two internal memos released Friday that address foreign income issues.
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September 06, 2024
Boeing Loses Bid To Toss Investor Suit Over Blowout
A Virginia federal judge gave the green light to Boeing investors to continue their securities fraud proposed class suit against the company over one of its planes' midair door blowout in January, rejecting the aerospace giant's motion to dismiss and telling Boeing it had a "real problem" on its hands.
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September 06, 2024
NLRB Denied Indicative Ruling Bid In SpaceX Dispute
The National Labor Relations Board can't have an indicative ruling to pause an unfair labor practice case against SpaceX amid a challenge to the constitutionality of the board's structure, a Texas federal judge ruled, saying the agency didn't file a separate motion requesting such relief.
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September 06, 2024
As Biden Looks To Block US Steel Deal, Rival Co. Weighs In
Cleveland-Cliffs is lauding President Joe Biden's reported decision to block U.S. Steel's $14.9 billion planned merger with Nippon Steel and says it is ready to scoop up U.S. Steel's union assets, as the rival steelmaker weighed in on the matter following a flurry of quick developments this week indicating that the Nippon deal is all but dead.
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September 06, 2024
Airline Asks 9th Circ. Panel To Reconsider Military Leave Suit
A Ninth Circuit panel didn't address whether a former Alaska Airlines pilot advanced enough evidence to show the airline denied him accrued vacation and sick time while on military stints, the company said, urging the panel to revisit its decision flipping the airline's earlier win.
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September 06, 2024
Judge Newman's Suspension Extended For Another Year
Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.
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September 05, 2024
Navy Justifiably Terminated Deal Over Staffing, Fed. Circ. Told
The U.S. Navy has urged the Federal Circuit to uphold a lower court ruling finding that it reasonably canceled a deal with a defense contractor to perform work at the naval air station in Jacksonville, Florida, over proper staffing, saying the company didn't follow the agreement's terms to provide a team of 20 professionals.
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September 05, 2024
Army Didn't Breach Afghan Fuel Deal Amid Taliban Seizure
The Armed Services Board of Contract Appeals has mostly rejected a contractor's $11.9 million appeal stemming from the seizure of its fuel and equipment by the Taliban following the U.S. withdrawal from Afghanistan, saying the U.S. Army didn't breach any contractual duty.
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September 05, 2024
Coast Guard Cadets Claim Academy Allowed Assaults
The U.S. Coast Guard was hit with 13 administrative complaints Thursday alleging it failed to prevent sexual assaults of cadets at its academy in Connecticut, marking what the plaintiffs' attorneys say is the first collective action of its kind.
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September 05, 2024
Circor Dodges SEC Fine As Ex-Exec Faces Falsified Docs Suit
The U.S. Securities and Exchange Commission on Thursday said industrial valve manufacturer Circor International Inc. has avoided a penalty after it self-reported and remediated an alleged accounting scheme, while the agency sued a former executive accused of falsifying the financial results for one of the company's business units.
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September 05, 2024
Lawmakers Seek Better Classified Info Training For Congress
A bipartisan group of 11 members of lawmakers asked House leadership to provide better training on handling classified information when the new session of Congress begins in January.
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September 05, 2024
Biden To Block US Steel-Nippon, And More Deal Rumors
President Joe Biden is reportedly preparing to block the $14.9 billion merger of U.S. Steel and Nippon Steel, Blackstone and Vista Equity Partners may team up to buy Smartsheet, and Springer Nature is planning an initial public offering. Here, Law360 breaks down these and other notable deal rumors reported over the past week.
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September 05, 2024
Biden Admin Issues Plans To Address PFAS Use, Exposure
The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.
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September 05, 2024
Navy Secretary Violated Hatch Act, Watchdog Finds
Secretary of the U.S. Department of the Navy Carlos Del Toro has violated the law restricting the political activity of federal employees by speaking for and against presidential candidates in his official capacity, a federal watchdog announced Thursday.
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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.
Expert Analysis
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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.
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Unpacking The Interim Vet-Owned Small Biz Verification Rule
Government contractors that intend to bid for service-disabled veteran-owned small business set-aside contracts should immediately consider the potential impacts of a recently issued rule that specifies how contracting officers will verify that they have certified their status, say Derek Mullins and Beth Gotthelf at Butzel.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.