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Aerospace & Defense
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January 31, 2025
January's IPO Market Was Active Despite Tepid Debuts
Capital markets lawyers kept busy in January thanks to a sizable increase in initial public offerings, but the largest IPOs performed weaker than expected, likely sobering market participants' expectations going forward.
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January 31, 2025
9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard
Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.
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January 31, 2025
India Gets Reprieve In $112M Telecom Award Suit
An Australian appeals court ruled Friday that India can't be held liable for a $112 million arbitral award in a dispute over a terminated deal to deliver communications services, citing a carveout that grants it sovereign immunity in the dispute.
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January 31, 2025
Texas Demands Jury Trial In 'Forever Chemical' Suit
The state of Texas called on a federal judge to grant it a jury trial in litigation against 3M, DuPont and others for alleged "misrepresentations and key omissions" they made about so-called forever chemicals.
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January 31, 2025
Full DC Circ. Will Not Review White House NEPA Power Ruling
The D.C. Circuit on Friday rejected petitions for en banc review of a panel's ruling that the White House does not have the legal authority to promulgate regulations implementing the National Environmental Policy Act.
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January 31, 2025
Bezos Satellite Co. Gets Reprieve In Docs Fight With His Paper
A Washington state court official has temporarily blocked the state labor department from releasing records linked to investigations at an internet satellite facility launched by Jeff Bezos' Amazon, in a public records battle with The Washington Post, a newspaper also owned by the billionaire.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
Former Fed Adviser Charged With Spying For China
A former senior adviser to the Federal Reserve Board of Governors was arrested Friday on charges of stealing confidential data for the government of China, which prosecutors said could be used to conduct market manipulation.
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January 31, 2025
Honeywell Handed Win In Aircraft-Brake Parts Duty Dispute
Honeywell International Inc. has won its dispute with U.S. Customs and Border Protection over imported parts used to make aircraft brake discs, with the U.S. Court of International Trade agreeing the parts were incorrectly classified and should be duty-free.
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January 31, 2025
Tribes Back Bid At 4th Circ. To Undo Army Burial Order
Two South Dakota tribes that successfully repatriated the remains of their children from a U.S. Army Indian boarding school cemetery in Pennsylvania told the Fourth Circuit that it's problematic that a lower court ruled that a law designed to protect Native American graves doesn't apply to the site.
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January 31, 2025
Explosives Biz Plugs €200M Into Finland TNT Facility
Comprehensive explosives service company Forcit unveiled plans Friday to invest over €200 million ($207.4 million) into the construction of a new TNT facility in Finland, with state-owned private equity shop Tesi helping to negotiate investments in the production plant project.
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Trump Funding Freeze Blocked As Court Doubts Reversal
A Rhode Island federal judge on Friday issued a temporary restraining order barring the Trump administration from freezing spending on federal grant and aid programs, calling the move illegal and saying the issue was not mooted by a White House memo claiming the directive had been rescinded.
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January 30, 2025
AA Jet And Army Helicopter Crash: What We Know So Far
The midair collision between an American Airlines regional jet and a U.S. Army helicopter over the Potomac River will spark multiple inquiries and regulatory actions on air traffic control procedures and flight paths that may raise sticky questions about the scope of the federal government's liability in future litigation, experts say.
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January 30, 2025
Advocates Warn Of Abuses In Detaining Migrants At Guantánamo
Civil and immigrant rights advocates said Thursday that the Trump administration's proposed use of Naval Station Guantánamo Bay to detain unauthorized immigrants raises a host of legal concerns, including the potential for due process and human rights violations.
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January 30, 2025
DC Circ. Weighs Mootness In DOD's Time-In-Service Appeal
A D.C. Circuit panel on Thursday wrestled with mootness in the federal government's appeal of a ruling that blocked the U.S. Department of Defense from setting service duration requirements for noncitizen soldiers to become citizens, questioning whether the 2021 recission of the policy leaves anything to rule on.
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January 30, 2025
Buddhist Temple Urges Halt To Army Corps' Everglades Plan
A Buddhist temple on Thursday urged a Florida federal court to temporarily halt a U.S. Army Corps of Engineers' restoration project in the Everglades set to begin next week, saying the impacts of construction will deter visitors to the temple and disrupt its First Amendment right to religious freedom.
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January 30, 2025
Canadian Pot Equipment CEO Says CBP Illegally Booted Him
The Canadian CEO of a company that makes cannabis agricultural equipment has sued the U.S. Homeland Security Department and Customs and Border Protection, saying they detained him at the U.S.-Canada border and ordered his removal for allegedly abetting the spread of narcotics despite a prior U.S. Court of International Trade finding that his company was operating legally.
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January 30, 2025
Ligado Creditor Pans 'Exorbitant' Fees For $115M DIP Loan
Satellite communications company Ligado Networks LLC's largest unsecured creditor asked a Delaware bankruptcy judge to reject the company's proposed $115 million Chapter 11 financing package, saying Ligado's secured lenders were seeking to help themselves to $100 million in fees as part of the deal.
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January 30, 2025
Rumors Fly As Trump Seeks Deal To Keep TikTok Alive
President Donald Trump seems to be getting exactly the "bidding war" he wanted as multiple entities fight for a role in keeping TikTok available in the U.S. Here, Law360 provides a rundown of the latest rumors and developments in the TikTok saga, along with other notable rumors from the past week.
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January 30, 2025
Nelson Mullins-Led Serco Unit To Buy Defense Biz For $327M
Serco Group PLC said Thursday that a subsidiary has agreed to buy a defense software business from U.S. aerospace giant Northrop Grumman Corp. for $327 million, allowing it to tap into the "huge" sector as geopolitical tensions threaten to boil over.
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January 29, 2025
Trump Orders Guantánamo Prep For 30K 'Criminal' Migrants
President Donald Trump on Wednesday directed the U.S. Department of Defense and the U.S. Department of Homeland Security to prepare Naval Station Guantánamo Bay to detain tens of thousands of "high-priority criminal" undocumented migrants, a move he previewed before signing an anticipated law aimed at detaining migrants charged with certain offenses.
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January 29, 2025
4th Circ. Mulls If Tossing No-Poach Suit Rewards Bad Behavior
As the Fourth Circuit mulled the idea of reviving a proposed class action accusing military shipbuilding contractors of agreeing not to poach each other's engineers, one judge rebuffed the idea that the suit had no legs because there were no specific allegations of fraudulent concealment.
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January 29, 2025
USPTO Backlog 'Unacceptable,' Trump's Commerce Pick Says
Commerce secretary nominee Howard Lutnick said at his confirmation hearing Wednesday that the U.S. Patent and Trademark Office's backlog of unexamined patent applications is "unacceptable," and pledged to work to reduce it so that patents are issued more quickly.
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January 29, 2025
Families Of Slain Urge Justices To Uphold Terror Victim Law
Relatives of U.S. nationals killed in terrorist attacks in Israel told the U.S. Supreme Court this week that the Second Circuit was wrong to invalidate a federal law that broadened jurisdiction for Anti-Terrorism Act cases against the Palestine Liberation Organization.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.