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Aerospace & Defense
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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.
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January 29, 2025
6th Circ. Doubts Free Speech Flouted By Deer Hunt Drone Ban
Sixth Circuit judges sounded skeptical on Wednesday that a drone company can challenge a Michigan law barring drone use to hunt deer by claiming the law violates their free-speech ability to use the devices to locate and communicate about fallen game, with the judges suggesting the statute seems to regulate conduct rather than speech.
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January 29, 2025
Chinese Co. Execs Convicted Over Fentanyl Chemical Imports
Two former executives of a Chinese chemical company were convicted Wednesday of charges related to a purported scheme to import fentanyl precursor chemicals in order to manufacture large quantities of the drug, as well as laundering funds.
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January 29, 2025
Exail Escapes Suit Challenging Award In Aerospace Feud
A Manhattan federal judge on Wednesday dismissed a case brought by two units of French aerospace firm Safran hoping to nix an arbitral award to Exail Technologies, saying the latter company was right that it had not been given proper notice of the case.
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January 29, 2025
Ex-Sen. Menendez Gets 11 Years For Bribes, Abuse Of Power
A Manhattan federal judge sentenced Robert Menendez to 11 years in prison on Wednesday after a jury convicted the former U.S. senator from New Jersey of engaging in a lengthy, million-dollar course of bribery and corruption, saying his crimes merit "serious consequences."
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January 29, 2025
India Asks High Court To Nix $1.3B Telecom Award
The Republic of India urged the U.S. Supreme Court to uphold a Ninth Circuit order that refused to enforce a $1.3 billion arbitral award against the commercial arm of its space agency, arguing that a lower court had baselessly said that India held control over the division.
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January 29, 2025
Trump's Commerce Nominee Backs Maximalist Tariff Approach
President Donald Trump's nominee to lead the U.S. Department of Commerce voiced support for an expansive use of tariffs Wednesday, repeatedly telling lawmakers that new levies should be imposed to correct the "disrespect" U.S. businesses face in overseas markets.
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January 29, 2025
White House Rescinds Trump's Spending Freeze
The White House on Wednesday rescinded a directive freezing federal funding, saying it wants to end litigation and confusion, but said the move will not end a review of spending to ensure compliance with a series of executive orders by the president.
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January 29, 2025
Defense Department's Top Atty To Join Hilton As GC
The former general counsel of the U.S. Department of Defense, who was the first woman confirmed by the Senate as CIA general counsel, is joining Hilton in March as its top attorney, the global hospitality company has announced.
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January 28, 2025
DC Circ. Says Gov't Made A Mess Pulling 9/11 Planners' Pleas
After four hours of oral arguments on the government's bid to yank back plea deals from a pair of 9/11 co-conspirators that had already been signed, the D.C. Circuit agreed on one thing Tuesday — that this was a problem that need never have landed on their laps.
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January 28, 2025
Sig Sauer's Strategy To DQ Experts Gets Knocked Out At 6th Circ.
Gunmaker Sig Sauer Inc.'s legal strategy to disqualify experts who testified its P320 pistol was defectively designed suffered a blow when the Sixth Circuit ruled, in a split decision, that the witnesses could opine on if the arms manufacture should have utilized a safer build, forecasting potential outcomes in similar appeals before the Third and Tenth circuits.
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January 28, 2025
Boeing Supplier Seeks $583K Fees In Texas Biz Records Suit
A Boeing supplier, Spirit AeroSystems Inc., has asked a federal judge to approve over $583,000 in legal fees after it won a bid to shut down attempts by Texas state officials to examine its business records.
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January 28, 2025
Combat Vet Says Army Base Job Triggered PTSD In $25M Suit
A U.S. Army combat veteran has filed a worker discrimination complaint seeking $25 million from a Washington recycling company, alleging that his former civilian employer mocked his military service and dispatched him to a military base despite knowing it brought back war zone fears and triggered PTSD symptoms.
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January 28, 2025
Transgender Troops Challenge Trump's Military Ban
A group of current and prospective transgender service members sued the Trump administration in D.C. federal court on Tuesday over an executive order barring transgender troops from serving in the military, saying the order is unconstitutional.
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January 28, 2025
Trump Wants 'Iron Dome' Missile Defense System For US
President Donald Trump has ordered the U.S. Department of Defense to create an "Iron Dome" defense system to protect against ballistic missiles and other advanced aerial threats, saying those weapons pose the "most catastrophic threat" to the U.S.
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January 28, 2025
Calif. Panel Says Workers Can Be Added To $935K Wage Deal
A California state appeals court declined to upend an order allowing the reopening of a $935,000 settlement that resolved workers' wage and hour lawsuit against an aerospace company, saying the employer failed to show that unionized employees were correctly exempted from the deal.
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January 28, 2025
Trump Bars Trans Service Members, DOD Diversity Initiatives
President Donald Trump has issued executive orders eliminating diversity, equity and inclusion programs within the military, reinstating service members who refused COVID-19 vaccinations and barring service by openly transgender troops.
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January 28, 2025
Menendez Says Any Prison Time Should Wait For Appeal
Former U.S. Sen. Robert Menendez told a Manhattan federal judge ahead of his sentencing hearing Wednesday that any prison term should be delayed until after his appeal of his bribery conviction plays out, saying the Second Circuit could well rule in his favor.
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January 28, 2025
Judge Temporarily Halts Trump's Funding Freeze
A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.
Expert Analysis
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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.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.