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Aerospace & Defense
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March 27, 2025
Trump Targets National Security Workers' Bargaining Rights
President Donald Trump on Thursday issued an executive order ending collective bargaining with unions representing workers at a number of agencies "with national security missions," saying that allowing the workers to bargain is "dangerous" in agencies with such responsibilities.
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March 27, 2025
Commerce Nominee Demurs On Broadband Fund At Hearing
Sen. Ted Cruz's top aide, Arielle Roth, skirted the question Thursday when asked how much each state would receive under the $42.5 billion broadband deployment program during her confirmation hearing to be the next head of the National Telecommunications and Information Administration.
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March 27, 2025
Cruz Says DOD Lobbied Against FCC Spectrum Auctions
The U.S. Department of Defense has been asked to turn over documents that U.S. Sen. Ted Cruz, R-Texas, said he believes will show that executive agency officials leaned on defense contractors, so they would lobby to keep the FCC's spectrum auction authority from being reauthorized.
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March 27, 2025
DC Judge Seems Open To Fired Inspectors' Reinstatement Bid
A D.C. federal judge on Thursday questioned whether it would make practical sense to reinstate eight inspectors general fired by President Donald Trump while signaling openness to the federal watchdogs' argument that the president must follow the legally mandated process before they can be terminated.
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March 27, 2025
Chamber Asks Justices To Review Duke Energy Monopoly Suit
The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.
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March 27, 2025
Sikorsky Loses Bid To Move Fatal Crash Suit To Conn.
Sikorsky Aircraft Corp. can't get a lawsuit over a fatal helicopter crash transferred from Pennsylvania to Connecticut, in part because the crashed helicopter underwent finishing and flight testing at Sikorsky's former facility in the Keystone State, a federal judge has ruled.
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March 27, 2025
Senate Panel Grills FAA, Army On DCA Midair Collision
U.S. Senate lawmakers on Thursday grilled the Federal Aviation Administration and U.S. Army over miscommunication and policy lapses as thousands of near-misses between commercial jets and helicopters near Ronald Reagan Washington National Airport were documented well before January's devastating midair collision that left 67 people dead.
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March 27, 2025
FCC Ready To Explore Earth-Based Backstop For GPS
The Federal Communications Commission on Thursday started looking into methods of backing up the satellite-based Global Positioning System, which national security experts say is vulnerable to foreign attacks and signal interference in space.
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March 27, 2025
Whistleblowers Seek Bigger Cut Of Tetra Tech Deal With Navy
Seven whistleblowers told a California federal judge on Thursday they deserve a cut of the total $97 million settlement the government inked over allegations a Tetra Tech unit billed the Navy for radiation remediation that was not done, and not a smaller share covering only the government's False Claims Act claims.
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March 27, 2025
Raytheon, Black Accounting Workers End Hiring Bias Suit
Raytheon Technologies Corp. has resolved a lawsuit alleging it refused to permanently hire four temporary Black accountants and replaced them with less qualified non-Black workers, according to a Thursday filing in Texas federal court.
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March 27, 2025
9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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March 27, 2025
1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Judge Newman Maintains Fitness Probe Must Be Transferred
Counsel for suspended 97-year-old Federal Circuit Judge Pauline Newman on Wednesday told the D.C. Circuit that its decision to transfer ethics complaints against a senior district court judge, lodged by his own colleagues, supported her contention that her fellow circuit judges shouldn't investigate her fitness to remain on the bench.
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March 26, 2025
Board Backs Both Sides' Claims In Army Corps Contract Row
The Armed Services Board of Contract Appeals has partially backed claims from both the U.S. Army Corps of Engineers and a contractor related to delays on an installation and modification project for a Kansas City power generation and water treatment facility.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
GAO Sides With Security Co. In $45M Army Corps Dispute
The U.S. Government Accountability Office has sustained a security contractor's protest over being excluded from a more than $45 million U.S. Army Corps of Engineers task order, saying the agency's solicitation was "latently ambiguous" about what information would be left out because of page limits.
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March 26, 2025
$1.1M Contract Cut Settles Foreign Vessel Row, Board Says
After determining the U.S. Army Corps of Engineers could reduce a $48 million Bahrain pier replacement contract due to a contractor tapping a foreign-flagged ship to haul materials, a military contract board agreed with the government that $1.1 million was an appropriate reduction.
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March 26, 2025
Defense Contractor To Pay $4.6M Over Cyber Compliance
Defense contractor MORSECORP Inc. agreed to pay the federal government $4.6 million to resolve a whistleblower lawsuit claiming the company did not comply with cybersecurity requirements for Army and Air Force contracts, the U.S. Department of Justice announced Wednesday.
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March 26, 2025
Del. Justices Seek Reasons To Revive Raytheon Incentive Suit
Delaware's chief justice pressed a stockholder attorney Wednesday to provide more justification for resurrecting a Chancery Court suit claiming the company didn't seek stockholder approval for allegedly unfair changes to a multimillion-dollar RTX Corp. incentive plan.
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March 25, 2025
Intelsat Seeks Fast C-Band Relocation Payments
The Federal Communications Commission should be paying satellite operators to partially clear out of the upper C-band and it should be doing it quickly, according to Intelsat, which told the agency that it has already done its part.
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March 25, 2025
Boeing, DOJ 737 Max Criminal Conspiracy Trial Set For June
Boeing Co. will face a June trial in its 737 Max criminal conspiracy case, a Texas federal court said Tuesday, in a dramatic shift in the American aerospace giant's legal saga as the company continues to renegotiate its plea agreement with the U.S. Department of Justice.
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March 25, 2025
Cruz Sees Spectrum Pipeline Passing In Budget Bill
A new pipeline of commercial spectrum will almost certainly be made available as part the sweeping budget bill that Congress will soon consider, Sen. Ted Cruz, R-Texas, said Tuesday.
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March 25, 2025
MoneyLion Gets CFPB Military Lending Suit Cut, But Not Axed
A New York federal judge has trimmed the Consumer Financial Protection Bureau's suit against MoneyLion Technologies, tossing claims that alleged improper use of an arbitration agreement and disclosure violations while allowing the remainder to proceed.
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March 25, 2025
GAO Rejects Protest Over Army's $16M Waste Collection Deal
The U.S. Government Accountability Office has rejected a protest over a $16.2 million U.S. Army waste collection contract, saying the Army reasonably decided the awardee met subcontracting limits for the deal.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Mitigating The Risk Of Interacting With A Designated Cartel
There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Roundup: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.