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Aerospace & Defense
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September 30, 2024
Plane Parts Exec Loses Appeal In Honeywell Fraud Case
The Second Circuit refused Monday to free the president of an airplane parts supplier from a seven-year prison sentence over a $15 million fraud on Honeywell International Inc., rejecting his protest over evidence admitted for consciousness of guilt.
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September 30, 2024
DC Judge Won't Allow Single Trial In Admiral's Bribery Case
A D.C. federal judge Monday denied the government's motion to reconsider a decision severing a retired Navy admiral's bribery trial from that of the defense contractors he is accused of steering federal contracts toward, reiterating a previous ruling that the court can split the case if consolidation appears to prejudice the parties.
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September 30, 2024
Commerce Dept. Seeks To Streamline AI Development Exports
The U.S. Department of Commerce issued a final rule Monday to streamline the export of items to preapproved data centers in foreign countries, which is intended to help boost the development of artificial intelligence.
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September 30, 2024
DOE Plutonium Pit Plan Found To Violate Environmental Law
A South Carolina federal judge on Monday backed antinuclear groups' challenge to a U.S. Department of Energy plan to boost production of plutonium cores used in nuclear weapons, saying the DOE hadn't properly considered the potential environmental impact of the plan.
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September 30, 2024
Resin Co. Seeks Probe Into 4 Countries' Hexamine Exports
A resin-maker called on the U.S. Department of Commerce on Monday to investigate four countries' exports of a compound used to make explosives, saying foreign producers are selling their products in the U.S. at unfairly low prices.
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September 30, 2024
DC Circ. Urged To Revisit Retroactive FARA Registration
The U.S. Department of Justice is pressing the D.C. Circuit to reconsider a ruling that barred the federal government from suing to compel former foreign agents to register their onetime foreign influence efforts, arguing that the precedent behind the ruling wrongly hamstrings the DOJ's ability to enforce the Foreign Agents Registration Act.
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September 30, 2024
Military Reservist Not Owed Top-Up Pay, Feds Tell High Court
A federal employee who was denied top-up pay while on active duty as a military reservist is not owed any wages because he wasn't called to serve in a national emergency despite serving at the same time as one, the U.S. Department of Transportation told the U.S. Supreme Court on Friday.
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September 30, 2024
Feds Seek Prison In Tax Case Linked To 'China Initiative'
Prosecutors have asked a Texas federal judge for an 18- to 24-month prison sentence for a Chinese-born engineer who pled guilty to tax crimes after being charged with export violations and fraud in a case the defense claims began as an espionage investigation under the U.S. Department of Justice's now-disbanded "China Initiative."
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September 27, 2024
Twitter Investors Win Cert. In Suit Over Musk's Backpedaling
A California federal judge on Friday certified a class of thousands of Twitter investors over claims Elon Musk fraudulently tweeted about the social media company's alleged bot problem to get out of his $44 billion acquisition, rebuffing the billionaire businessman's contention that individual issues in the suit eclipse common questions.
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September 27, 2024
Fed. Circ. Urged To Block Gov't Bid To Rehear AI Deal Dispute
An artificial intelligence company has asked the Federal Circuit not to revisit a high-profile decision reviving the firm's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the original ruling fit within the circuit court's precedent.
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September 27, 2024
Sen. Says Contractors Trying To Block DOD 'Right-To-Repair'
Sen. Elizabeth Warren, D-Mass., has chided defense contractors for seeking to "sabotage" efforts to require them to cough up parts and data allowing the U.S. Department of Defense to repair its own equipment, while urging the DOD to take action on related restrictions.
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September 27, 2024
GAO Says DOE Could Save Billions On Hanford Waste Plan
A government watchdog said in a report Friday that the U.S. Department of Energy should heed experts who say the agency could save billions of dollars by distinguishing between high- and lower-level waste at the Hanford Nuclear Site in Washington, one of the biggest cleanups in the world.
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September 27, 2024
Amazon Hit With $30.5M Verdict In Delaware Patent Trial
A Delaware federal jury decided Friday that Amazon Web Services infringed two computer network patents that were once owned by Boeing, and told the tech giant to pay $30.5 million in damages.
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September 27, 2024
Life Sciences Firms Energize IPO Market As Recovery Builds
Initial public offerings are closing the year's third quarter on an upswing, led mostly by pre-revenue drug developers and select large companies that are seizing opportunities in friendlier capital markets buoyed by interest-rate cuts, generating momentum that experts say could carry over into next year.
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September 27, 2024
LA Plane Parts Maker Hits Ch. 11 With At Least $10M In Debt
A California-based aircraft parts maker, Skylock Industries, filed for bankruptcy reporting between $10 million to $50 million in both assets and liability as it faces litigation alleging that it owes half a million dollars in past-due rent, as well as a lawsuit seeking to collect a finder's fee on a $9 million loan.
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September 27, 2024
GAO Backs DOD Rebuke To Bidder's Spreadsheet Mistake
The U.S. Government Accountability Office backed the Pentagon's decision to deny a spot on a $4 billion deal for combating weapons of mass destruction to a contractor that submitted an incorrect spreadsheet, saying the Pentagon wasn't required to fix the mistake.
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September 27, 2024
Lawyer Wields Blank Rome Atty Voicemail To Bolster DQ Bid
An attorney who is suing three lawyers from Blank Rome LLP and has asked a federal court to disqualify the firm's other attorneys from representing their colleagues — alleging they contacted one of her witnesses — told the court Friday she accessed a phone message that strengthens her arguments.
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September 27, 2024
Ault Disruptive To Dissolve After Failing To Ink SPAC Deal
Blank check company Ault Disruptive Technologies Corp. said on Friday that it plans to dissolve and liquidate because it will not be able to complete an initial business combination before Dec. 20.
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September 27, 2024
Gov't Contracts Of The Month: Warships And Lunar Relays
In September, the U.S. Navy shored up its fleet, issuing a combined $16.35 billion order for amphibious warships and oilers, while NASA struck a new $4.8 billion lunar communications deal. Here are Law360's most noteworthy government contracts for September.
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September 26, 2024
GAO Faults Amentum For Not Being Forthright In Contract Bid
Amentum Services Inc. got no support from the U.S. Government Accountability Office for its protest over getting rebuffed on an $840 federal contract in Iraq, with the watchdog finding that two of the company's subcontractors weren't licensed to work in Iraq.
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September 26, 2024
Helicopter-Maker Claims Supplier Had 'Reliability Issues'
A former Fort Worth, Texas-based Bell Helicopter Textron Inc. engineer claimed a supplier at the center of a $100 million trade secrets lawsuit delivered parts that had "reliability issues," saying Thursday during a trial in Texas state court that the supplier had long-standing problems.
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September 26, 2024
FCC Opens Airwaves For NGSO Fixed Satellite Services
The Federal Communications Commission agreed Thursday to set aside a swath of spectrum in the 17 gigahertz band for non-geostationary orbit fixed satellite services, a move the agency says will advance competition and high-speed connectivity.
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September 26, 2024
4th Circ. Judge Thrashes Vets' Argument In Citibank Fee Suit
A Fourth Circuit judge on Thursday ripped military members' argument that they must be allowed under a military-members-lending law to proceed in federal court with a proposed class action alleging Citibank charged illegal fees, with the judge stressing that the statute is silent on forbidding arbitration.
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September 26, 2024
Air Force Urged To Cut Back On Using Chinese Suppliers
Republican lawmakers have asked the U.S. Air Force to cut back on using suppliers from China for "critical weapons platforms," arguing that using Chinese suppliers poses a serious national security risk and empowers China to defeat the U.S. without the need for armed conflict.
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September 26, 2024
Dallas VA Center Overpaid $3.7M For Wheelchair Services
A Texas veterans medical center will have to recover $3.7 million it overpaid a contractor for wheelchair transportation services between 2022 and 2023, the U.S. Department of Veterans Affairs Office of Inspector General said Wednesday.
Expert Analysis
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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The OIG Report: DOD Review May Cause Contractor Dilemmas
Given a recent Office of Inspector General report finding that the U.S. Department of Defense awarded billions of dollars in contracts without performing the requisite financial responsibility reviews, contractors should prepare for a lengthier, more burdensome process and the possibility of re-review, says Diana Shaw at Wiley.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Biden Admin Proposals May Facilitate US, UK, Australia Trade
Recent proposals that create exceptions to U.S. export licensing requirements for defense trade with Australia and the U.K. would remove hurdles that have hindered trade among the three countries, and could enable smaller companies in the sector to greatly expand their trade horizons, say Keil Ritterpusch and Grace Welborn at Buchanan Ingersoll.