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Aerospace & Defense
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February 21, 2025
Army Corps Contract Releases Not Clear On Rust Remediation
The Armed Services Board of Contract Appeals rejected the Army Corps of Engineers' attempt to evade a challenge from Sauer Construction LLC, saying there's a genuine issue of material fact whether the contractor's rust remediation claim is preempted by previous contract modifications.
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February 21, 2025
Judge Questions Trump Administration Fund Freeze Authority
A Rhode Island federal judge on Friday left in place a temporary restraining order blocking a funding freeze by President Donald Trump's administration until the judge can rule on a request by a coalition of states for a preliminary injunction.
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February 21, 2025
Aerotech Can't Escape Workers' ESOP Investment Suit
A Pennsylvania federal judge refused to toss a proposed class action from participants in a motion control technology company's employee stock ownership plan who alleged mismanagement, finding allegations that the company's low-risk investment strategy violated federal benefits law could proceed to discovery.
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February 21, 2025
Billionaire's Tax Privacy Suit Against Booz Allen Proceeds
A billionaire's lawsuit against government contractor Booz Allen Hamilton blaming it for the theft of his tax returns in an unprecedented breach by a Booz Allen employee working at the IRS can move forward, a Maryland federal court ruled Friday, rejecting a bid to toss the case.
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February 21, 2025
Israeli Gets 2 Years For Smuggling Plane Parts To Russia
A Florida federal judge on Friday sentenced an Israeli man to two years in prison for using his freight forwarding business to send aircraft parts to sanctioned companies in Russia during the war in Ukraine.
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February 21, 2025
Fed. Circ. Scraps Ruling On $14M Army Corps Contract Row
A contract appeals board didn't fully consider the entirety of a modified contract before determining a company tapped to provide emergency power services in the U.S. Virgin Islands and Puerto Rico was not entitled to a $14 million claim, a Federal Circuit panel ruled.
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February 20, 2025
Trump Admin Must Obey Order To Restore Aid, Judge Says
A Washington, D.C., federal judge on Thursday ordered the Trump administration to restore foreign assistance funding in accordance with his temporary restraining order, but stopped short of sanctioning the government officials.
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February 20, 2025
DOJ Says It Will Drop Immigrant Bias Case Against SpaceX
The U.S. Department of Justice told a Texas federal judge Thursday that it plans to drop administrative proceedings alleging Elon Musk's Space Exploration Technologies Corp. refused to hire refugees and asylees.
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February 20, 2025
Dems Blast 'Reckless' Nuclear Security Worker Firings
Seven Democratic legislators sent a letter to newly confirmed Energy Secretary Chris Wright on Thursday pressing for answers as to why the Department of Government Efficiency fired hundreds of National Nuclear Security Administration staff members, calling it a "reckless decision."
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February 20, 2025
Jones Day Atty Exits Menendez Bribery Case As Appeal Looms
Yaakov Roth of Jones Day sought to withdraw Thursday from representing Robert Menendez following the former U.S. senator's convictions on bribery and corruption charges, leaving his Paul Hastings LLP team to steer the case at the trial level on the day after the government argued Menendez should not remain free on appeal.
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February 20, 2025
DOD To Shift $50B To Trump Defense Spending Priorities
U.S. Defense Secretary Pete Hegseth directed the agency to shift $50 billion from its 2026 budget away from "Biden-legacy programs" to programs that align with President Donald Trump's "America first" agenda.
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February 20, 2025
Select SPAC Targets Are Soaring Ahead Of The Pack
A select breed of companies that went public through mergers with special purpose acquisition companies are performing well lately — hailing mostly from a few specific industries — in stark contrast to the vast majority of SPAC merger targets that have flopped over the past few years, according to data released on Thursday.
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February 20, 2025
Feds Say DC Judge Can't Bar 'Hypothetical' Spending Freezes
A Justice Department attorney argued before a D.C. federal judge Thursday that there is no basis to continue blocking the Trump administration from implementing a blanket suspension on federal spending, saying the court cannot bar "hypothetical" future freezes.
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February 20, 2025
Nootropics Co. Can't Push Nurse's Suit To Arbitration
Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.
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February 20, 2025
Dems Seek Answers, Reversals For 'Reckless' VA Cuts
Democrats in Congress asked Secretary of Veterans Affairs Doug Collins to justify how firing 1,000-plus VA employees could possibly benefit veterans, and they called on him to reverse the cuts, stating that they are causing negative impacts.
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February 20, 2025
Bell Textron Says Iran Is Refusing To Pay $1.7M Storage Costs
Helicopter manufacturer Bell Textron Inc. has sued the Islamic Republic of Iran in Texas federal court, claiming it is owed $1.67 million for its continued storage of equipment once owned by the pre-revolutionary Iranian government.
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February 20, 2025
DOJ Official Flags 'Aggressive' FCA Approach Under Trump
A senior U.S. Department of Justice official said Thursday that the Trump administration's focus on government efficiency will include "aggressively" enforcing the False Claims Act, including a strong focus on FCA enforcement of foreign trade issues amid recently imposed tariffs.
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February 20, 2025
RTX Unit Gets $1.5B F-22 Engine Deal Amid Fleet Uncertainty
RTX unit Pratt & Whitney was given a three-year contract worth up to $1.5 billion with the U.S. Air Force to maintain engines for F-22 fighter jets, while the government mulls when the next generation of jets will be rolled out to replace them.
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February 20, 2025
Holland & Knight Adds Two To New Defense Industry Group
Holland & Knight LLP has added two members to its new group devoted to the defense and national security industry, hiring a former U.S. Senate counsel for the subcommittee overseeing defense spending and a former Department of Defense technical director.
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February 19, 2025
Trump Is Defying Order To Unfreeze Foreign Aid, Groups Say
The Trump administration is "brazenly" defying an order to restore foreign assistance funding, a pair of aid organizations told a Washington, D.C., federal judge Wednesday, asking the court to enforce its temporary restraining order and to sanction the government officials until they comply.
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February 19, 2025
Judge Criticizes Gov't For Fighting $7K Navy Back Pay Claim
A Court of Federal Claims judge has remanded a former U.S. Navy seaman's back pay dispute after admonishing the government for fighting against the "relatively small" $7,000 claim despite the Navy having effectively admitted it was wrong.
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February 19, 2025
Space Tech Co. Denied Injunction In Amazon Contract Row
A Swedish space technology provider did not adequately justify its request for a preliminary injunction against an aerospace parts manufacturer while the companies arbitrate over a supply contract for an Amazon Inc. broadband project, a Connecticut federal judge ruled Wednesday.
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February 19, 2025
Cybersecurity Official Rejoins DOD After Contentious Exit
Former U.S. Department of Defense official Katie Arrington, a key figure in establishing its Cybersecurity Maturity Model Certification program who previously left the Pentagon after a contentious suspension, announced she has rejoined the DOD as chief information security officer.
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February 19, 2025
GAO Says $185M Space Force Contract Was Reasonable
The Government Accountability Office rejected a Virginia contractor's protest of a $185 million financial services contract for the U.S. Space Force, denying the contractor's claims that the government's price and performance assessments were unreasonable.
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February 19, 2025
US Lagging China In Spectrum Use, Experts Tell Senate
The U.S. is rapidly losing ground to China in developing commercial uses for spectrum because it lacks an aggressive policy to make more government-controlled airwaves available for wireless and satellite communications, experts told the U.S. Senate on Wednesday.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Inside The Appeals Board's 2024 Report To Congress
An in-depth examination of the Armed Services Board of Contract Appeals’ annual report reveals a continuing decline in new cases, motions and hearings, a trend that may correspond with the increased use of alternative dispute resolution, and expedited or accelerated proceedings, say attorneys at Miller & Chevalier.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.