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Aerospace & Defense
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October 11, 2024
Up Next At High Court: CBD Injuries & The Clean Water Act
The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.
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October 11, 2024
Judge Awards $2.4M For Crash Sparked By Military Explosives
A Washington federal judge on Friday awarded $2.4 million to a couple who sued after the husband was seriously injured in a 2016 motorcycle accident in a thick cloud of smoke from a brush fire sparked by explosives detonated by National Guard soldiers on a training exercise.
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October 11, 2024
Challenge To $60.7B Deal's Award Cap Is Late, Judge Says
Protesters to a $60.7 billion IT deal couldn't convince the U.S. Court of Federal Claims that the U.S. Department of Veterans Affairs arbitrarily limited spots to 30 companies, with a judge saying that argument should have been raised earlier.
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October 11, 2024
DOD Finalizes High-Profile Contractor Cybersecurity Rule
The U.S. Department of Defense on Friday finalized a rule implementing its sweeping Cybersecurity Maturity Model Certification program, which will attach a minimum cybersecurity requirement to nearly all DOD contracts.
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October 11, 2024
DOJ Tells Judge Boeing Plea Is 'The Best The Gov't Could Do'
The federal government told a Texas federal judge Friday that its proposed deal with The Boeing Co. over allegations that it lied to safety regulators about the 737 Max 8's development is "the best the government could do," pushing back against vehement objection from crash victims' families, who called the deal "rotten" and "morally reprehensible."
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October 11, 2024
Boston Dynamics 'Took Advantage' Of Partner's Robotics IP
Robot maker Boston Dynamics engaged in a "flagrant and secretive" breach of its nondisclosure agreement with a manufacturer by enabling a competitor to "reverse engineer" components it had built for the Massachusetts company, according to a state court lawsuit.
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October 11, 2024
RTX Warned By Judge Over 'Troubling' Settlement Delay
A Massachusetts federal judge on Friday chided RTX for slow-walking the finalization of a settlement the defense contractor struck with a Connecticut company just before trial in a trade secrets dispute.
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October 11, 2024
2 Finance Partners Added To Hunton's London Office
Hunton Andrews Kurth LLP has welcomed two new lawyers, Alan Cunningham and Richard Skipper, as finance partners in its London office.
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October 10, 2024
Feds, US Allies Hash Out New Special Visa Process
A D.C. federal judge on Thursday largely rejected the federal government's proposed revisions to a court-ordered plan to hasten the processing of special immigrant visas, or SIVs, for Afghan and Iraqi allies to the U.S.
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October 10, 2024
SpaceX Urges Trim To Enviro Orgs'. FAA Launch Approval Suit
SpaceX is pushing a D.C. federal judge to scrap claims that an environmental assessment for its rocket launch program in South Texas must be supplemented after launches allegedly harmed sensitive surrounding areas and migratory birds, and as it faces new litigation over a system installed to prevent launch pad failures.
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October 10, 2024
Debriefing Doesn't Waive Protest Deadline For Army Deal
The U.S. Government Accountability Office has thrown out as untimely a protest over a U.S. Army fuel tank servicing order, saying simplified acquisition procedures used for the deal meant a filing deadline exception for post-award debriefings didn't apply.
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October 10, 2024
GOP Rep. Pushes FCC To Act On 12 GHz Broadband Access
An Oklahoma lawmaker has joined a chorus that has been calling for the Federal Communications Commission to open the lower 12 gigahertz spectrum band to two-way broadband fixed wireless access.
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October 10, 2024
Vet Groups Back Soldiers Fighting Naturalization Mandate
Veterans' groups are backing soldiers fighting the Pentagon's efforts to mandate a one-year service requirement for citizenship eligibility, telling the D.C. Circuit that soldiers who enlist during wartime would risk getting deployed without the benefits of citizenship.
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October 10, 2024
Shield Satellite Radio From Interference, FCC Told
Sirius XM told the Federal Communications Commission that continued attempts to open the 6 gigahertz band for low-power wireless devices could pose a threat to the satellite radio service's signals if strong protections are not put in place.
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October 10, 2024
Housing Nonprofit Hits NY Town With Disability Bias Suit
A housing nonprofit has claimed in New York federal court that local officials stopped the construction of an affordable housing project in the Hamptons because a lot of the units would go to people with mental health disabilities and military veterans, who would receive supportive services.
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October 10, 2024
Sanctioned Afghan Officials Drop Suit For Treasury's Review
Two former Afghan lawmakers withdrew their lawsuit challenging the financial and immigration restrictions they face in the U.S., while the U.S. Department of Treasury considers a request to remove the sanctions.
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October 10, 2024
Bradley Adds Ex-AUSA As Finance, Gov't Enforcement Partner
A former assistant U.S. attorney left the public sector after four years to join Bradley Arant Boult Cummings LLP's Birmingham, Alabama, office, this week.
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October 10, 2024
Ex-Defense CEO Pleads Guilty To $12M Contract Fund Theft
The former CEO of a defense contractor has pled guilty to his role in a scheme to steal $12.1 million in payments from a U.S. Air Force autonomous technology contract to cover unrelated expenses, including executives' personal expenses.
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October 09, 2024
Fed. Circ. May Need To Fix Contractor Registration Dilemma
Two opposing Court of Federal Claims decisions regarding when a strict registration requirement applies to federal contractors have opened up a clash that could require the Federal Circuit's intervention to be resolved.
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October 09, 2024
Marine In Afghan Baby Kidnapping Suit Won't Be Discharged
A U.S. Marine attorney accused of kidnapping an Afghan child has reportedly avoided getting booted from the military despite a Marine Corps panel on Tuesday finding he engaged in conduct unbecoming of an officer in his fight over the child.
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October 09, 2024
Blank Rome Attys Beat DQ Bid Over Witness Contact
A Philadelphia federal judge Wednesday refused to disqualify Blank Rome from representing three of its attorneys facing claims they brought a baseless lawsuit against another attorney in retaliation for switching from corporate defense to the plaintiffs bar.
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October 09, 2024
Repeat Whistleblowing Led To Firing, Ex-Sikorsky Worker Alleges
A Connecticut man who describes himself as a "well-known" whistleblower at Sikorsky Aircraft Corp. says he was illegally terminated for reporting alleged wage and hour and environmental violations to government authorities, claiming the helicopter manufacturer fired him using bogus allegations he broke into an office he was given clearance to access.
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October 09, 2024
5th Circ. Revives Air Force Bias Case, Citing Broader Standard
The Fifth Circuit revived a former civilian U.S. Air Force employee's lawsuit alleging she was given negative performance reviews after rejecting colleagues' sexual advances, saying a lower court needs to reevaluate her claims under a year-old circuit standard that allows for a wider range of bias allegations.
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October 09, 2024
DC Judge Sanctions DOD For Destroying Gitmo Tapes
A D.C. federal judge on Tuesday sanctioned the Pentagon for destroying dozens of video recordings of the torture of a Palestinian man imprisoned in Guantánamo Bay, barring the Pentagon from rebutting the man's testimony of what he endured.
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October 09, 2024
Boeing Rescinds Wage Offer As IAM Strike Enters 4th Week
Boeing has withdrawn its most recent wage offer to more than 33,000 employees who've been on strike for nearly a month, prolonging a labor standoff with the International Association of Machinists and Aerospace Workers that has grounded some of Boeing's key production lines to a halt.
Expert Analysis
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Government Accountability Office, offering distinct reminders for contractors challenging solicitations while an agency takes corrective action, pursuing post-award bid protests and filing timely cost reimbursement requests.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.
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Navigating Cybersecurity Rule Changes For Gov't Contractors
Excerpt from Practical Guidance
As federal contractors evaluate the security of their IT systems, they should keep in mind numerous changes to the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement recently promulgated to meet new cyber threats, says William Stowe at KBR.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.