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Aerospace & Defense
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July 16, 2024
KBR Whistleblower Loses $1.1M Settlement Award At 5th Circ.
The Fifth Circuit on Tuesday reversed a KBR Inc. whistleblower's $1.1 million share of a False Claims Act settlement over alleged Iraq War contract kickbacks, agreeing with the federal government that the now-deceased whistleblower's estate deserved nothing since none of his claims were settled.
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July 16, 2024
3 Reasons Why 2nd Menendez Bribery Case Was The Charm
Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.
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July 16, 2024
Trump Special Prosecutor Ruling Could Find Favor On Appeal
When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.
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July 16, 2024
Kaspersky To End US Operations After Commerce Dept.'s Ban
A Russian cybersecurity and antivirus provider will begin closing U.S. operations and laying off workers Sunday, after the U.S. Department of Commerce banned it from selling its products in the U.S. or to U.S. citizens.
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July 16, 2024
SpaceX Loses Bid To Block Rival's Earth Station Renewals
The Federal Communications Commission denied SpaceX's request to reconsider the agency's renewal of licenses for three earth stations from satellite communications company DBSD Corp., saying in a new order that SpaceX showed little to support its claim that DBSD was using "obstructionist" tactics to interfere with SpaceX operations.
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July 16, 2024
DC Circ. Says Iraq Immune To $120M Contract Row
A D.C. Circuit panel on Tuesday threw out a $120 million judgment levied against Iraq for its refusal to pay a Pennsylvania defense contractor for rebuilding the country's military equipment, ruling after more than a decade of litigation that Iraq is immune from the jurisdiction of the U.S. courts.
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July 16, 2024
Ex-Mozambique Official Accused Of $2B Fraud As Trial Opens
Federal prosecutors told a Manhattan jury Tuesday that Mozambique's former finance minister took $7 million in bribes in a "corrupt" plot to enrich himself and defraud investors after $2 billion in state-backed development projects flopped.
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July 16, 2024
Pentagon, GSA Seek 'Record-Setting' Clean Energy Projects
The U.S. Department of Defense and the U.S. General Services Administration say they are going for "record-setting federal purchases of clean energy" in a joint statement seeking contractors who will be able to get multiple federal facilities running entirely on carbon-pollution-free power by 2030.
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July 16, 2024
FCC Says Call Routing Protocols Need Better Security
The Federal Communications Commission says it's stepping up its efforts to better secure the signaling protocols mobile telecom providers use to place and maintain calls, telling concerned lawmakers that carriers nationwide have implemented the commission's best practices for network security.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 16, 2024
Gibson Dunn, Kirkland Steer $737M KBR-LinQuest Deal
Gibson Dunn is steering Houston-based defense and space contractor KBR on a new deal to buy LinQuest Corp., a provider of defense analytics to the U.S. government represented by Kirkland & Ellis, for $737 million, according to a statement from KBR on Tuesday.
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July 16, 2024
Menendez Guilty Of 'Shocking Corruption,' Urged To Resign
A New York federal jury found U.S. Sen. Robert Menendez guilty on Tuesday of taking gold bars, cash and a Mercedes-Benz as bribes from three businessmen, handing a victory to the government on its second try to convict the embattled New Jersey Democrat on corruption charges and prompting calls for his resignation.
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July 15, 2024
9th Circ. Won't Revive Challenge Of US Military Aid To Israel
Palestinian human rights activists cannot revive their lawsuit challenging the Biden administration's support for Israel's military efforts in Gaza, the Ninth Circuit ruled Monday, saying the decision to provide military or other aid to a foreign nation is a political arrangement that does not belong in the courts.
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July 15, 2024
Gov't Facing Sanctions Over Docs Withheld In Contract Row
A Court of Federal Claims judge has ordered the federal government to explain why it shouldn't be sanctioned for wrongly asserting privilege and withholding documents in a dispute over the allegedly bad faith cancelation of a U.S. Air Force construction task order.
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July 15, 2024
Menendez Jury Seeks Deliberation Guidance In 2 Notes
The Manhattan federal jury weighing bribery charges against Sen. Robert Menendez and two businessmen sent two notes Monday indicating confusion as to fundamental issues.
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July 15, 2024
Owner Of Bankrupt Gov't Contractor Charged With Perjury
The owner of a bankrupt government water contractor has been indicted on perjury charges, accused of falsifying the company's bankruptcy filings by failing to report millions in assets transferred to her and other company insiders.
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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.
Expert Analysis
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Opinion
Expanded Detention Will Not Solve Immigration Challenges
The recently defeated bipartisan border package included provisions that would increase funding for detention, a costly distraction from reforms like improved adjudication and legal representation that could address legitimate economic and public safety concerns at much lower cost, say Alexandra Dufresne and Kyle Wolf at Cornell University.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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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.