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Aerospace & Defense
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February 05, 2025
Lawmakers Vote To Advance Commerce Nominee Lutnick
Senate lawmakers on Wednesday morning voted to advance Wall Street financier Howard Lutnick's nomination as secretary of commerce, moving the Cantor Fitzgerald CEO one step closer to helming the department that oversees international trade, the U.S. Patent and Trademark Office and other agencies.
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February 04, 2025
Russian Bank Can't Ditch Jet Crash Suit, 2nd Circ. Agrees
The Second Circuit on Tuesday agreed with a lower court's finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument that it's entitled to sovereign immunity.
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February 04, 2025
9th Circ. Revives FCA Suit Over Military Meds Deliveries
The Ninth Circuit on Tuesday revived a whistleblower lawsuit accusing Express Scripts Inc. of defrauding the U.S. Department of Defense out of billions of dollars in unnecessary medications for military personnel, saying the lawsuit wasn't barred by any public disclosures of the alleged fraud.
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February 04, 2025
Axon Gets Cities' Antitrust Case Largely Tossed
A New Jersey federal judge dismissed the bulk of a class action brought by local governments accusing Axon of monopolizing the Taser and body camera markets, ending claims related to the Taser market but allowing claims that Axon has maintained a monopoly in the body-worn camera market to continue on.
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February 04, 2025
Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law
Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.
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February 04, 2025
Ex-Fed Adviser Charged With Espionage Called Flight Risk
Prosecutors told a D.C. federal judge on Tuesday that a former senior adviser to the Federal Reserve Board of Governors accused of stealing confidential data for China needs to be detained while he awaits trial due to his ample ability to flee the U.S.
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February 04, 2025
China Hits US Energy Goods With Retaliatory Tariffs
China on Tuesday slapped tariffs on U.S. coal, crude oil and liquefied natural gas as part of its retaliation against additional tariffs on Chinese goods imposed by President Donald Trump.
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
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February 03, 2025
Army Corps Can't Prove $4M Contractor Negligence Claim
The Armed Services Board of Contract Appeals has sustained an engineering contractor's appeal over a $4.2 million claim by the U.S. Army Corps of Engineers, saying the Corps hadn't shown negligence in an allegedly faulty dam drain design.
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February 03, 2025
DC Circ. Rejects Newman's Bid To Unseal Suspension Docs
The D.C. Circuit on Monday denied U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.
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February 03, 2025
Fired SpaceX Workers Want To Know Where Musk Was
An attorney representing fired SpaceX workers urged a California federal judge Monday to reconsider a previous judge's ruling that the retaliation case does not belong in state court and to allow her clients access to records about CEO Elon Musk's past movements to prove the location from which he directed the company.
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February 03, 2025
Amazon Military Leave Class Should Be Certified, Judge Says
A New York federal judge recommended on Monday greenlighting class treatment for more than 9,000 military reservists who accused Amazon of failing to fully provide paid leave for employees on active duty, saying the workers have shown the employment policies at issue apply to all of them.
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February 03, 2025
Exec Cops To Crashing Drone Into Plane Fighting LA Fires
The former president of Skydance Media's video game division has admitted to crashing his drone into a water-scooping airplane that was fighting Los Angeles' deadly and destructive Palisades Fire last month, according to a plea agreement in California federal court.
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February 03, 2025
US Steel, Nippon Say Election Politics Blocked $14.9B Deal
Japan's Nippon Steel Corp. and U.S. Steel Corp. on Monday filed their opening brief in a suit against former President Joe Biden and the Committee on Foreign Investment in the United States over a blocked $14.9 billion mega-merger, alleging the deal was blocked purely due to election-year politics and not national security as claimed.
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February 03, 2025
DC Judge Joins RI In Blocking Trump Funding Freeze
A D.C. federal judge on Monday temporarily blocked the Trump administration from implementing a freeze on federal spending while a group of nonprofits sue over the move, ruling the pause appears to "suffer from infirmities of a constitutional magnitude."
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February 03, 2025
3 Firms Advise On $3B Triumph Group Go-Private Agreement
Pennsylvania-based Triumph Group said Monday it has agreed to be taken private by affiliates of Berkshire Partners and Warburg Pincus, exciting investors as the aircraft component maker's stock jumped more than 34% in morning trading.
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January 31, 2025
Funding Freezes 'Commonplace,' Feds Tell DC Judge
The Trump administration is asking a D.C. federal judge to throw out a lawsuit challenging a freeze on federal spending outlined in a since-rescinded memo from the White House budget office, telling the court that the withdrawal moots the litigation.
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January 31, 2025
SpaceX Likely To Beat Sanctions Bid In Pay Equity Case
A California state judge said Friday that he probably won't sanction SpaceX for supposedly missing a deadline to pay an arbitration retainer tied to a proposed class action accusing Elon Musk's aerospace company of underpaying women and minorities.
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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.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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New Export Control Guidance Raises The Stakes For Banks
Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.
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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.