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Aerospace & Defense
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November 19, 2024
11th Circ. Urged To Revive Fla. Cancer Cluster Suit
Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.
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November 19, 2024
Online Lenders, Contractor Face Service Members' Fraud Suit
California-based contractor Multitaskr Construction Inc. and several online lending companies were hit with a consumer lawsuit in California federal court alleging they conspired to originate lucrative fraudulent loans for home improvement projects that were never completed.
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November 19, 2024
DOD Not Obligated To Suggest Tweaked Pricing On $2.3B Deal
The U.S. Government Accountability Office has thrown out Maersk's protest over the shipping giant's rejection from a $2.3 billion contract for military freight transportation services, saying U.S. Transportation Command wasn't obligated to tell it its pricing was too high.
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November 19, 2024
Raytheon Must Face Former Engineer's Age Bias Suit
Defense contractor Raytheon can't escape a former engineer's age discrimination suit claiming he was unjustly fired after he tapped a male colleague on the backside with a cafeteria tray, with a Texas federal judge saying Tuesday he wasn't convinced factual disputes in the case had been resolved.
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November 19, 2024
Claims Court Won't Toss $40B Ligado Spectrum Takings Case
A Court of Federal Claims judge has allowed Ligado Networks' $40 billion suit against the federal government over an alleged unconstitutional taking of licensed 5G spectrum to move forward, saying the claims court had jurisdiction over the dispute.
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November 19, 2024
Caseload Too Large For Ally Visa Processing Plan, Feds Say
The Biden administration told a D.C. federal judge Monday that a revised plan to process special visas for Afghan and Iraqi allies is unrealistic due to an uptick in applications it received following the U.S. withdrawal from Afghanistan.
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November 19, 2024
PE Firm Sells Defense Tech Co. BlueHalo In $4.1B Deal
AeroVironment, a drone manufacturer advised by Latham & Watkins LLP, announced Tuesday it plans to buy BlueHalo, a private equity-owned defense firm represented by Goodwin Procter LLP, in an all-stock transaction valued at $4.1 billion that the companies said will make a more diversified leader in various areas of defense technology.
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November 19, 2024
DHS Says It Conducted Another Removal Flight To China
The U.S. Department of Homeland Security said it has conducted another chartered removal flight to China, marking the third time in six months that U.S. Immigration and Customs Enforcement has deported Chinese nationals via flight.
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November 19, 2024
Claims Court Says Air Force Contractor Knew Of Delay Risks
The U.S. Court of Federal Claims shot down a flight simulation company's bid to recoup a $41.5 million loss from the Air Force for contractual delays on an aircraft project, ruling that the company assumed the risk of losses when it signed up for a fixed-price deal.
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November 18, 2024
Spacecraft Export Control Comment Period Pushed To Dec. 23
The U.S. Department of Commerce and Department of State issued a 30-day extension for the public to give their input and comments on a set of rules seeking to ease controls on exports of spacecraft technology to U.S. allies intended for bolstering the U.S. commercial space industrial base.
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November 18, 2024
Menendez Calls Trial Evidence Flub 'Deeply Troubling'
Former U.S. Sen. Bob Menendez raised red flags Monday about "deeply troubling" recent revelations that Manhattan federal jurors accidentally received unredacted text messages before convicting him of bribery, slamming prosecutors for trying to brush aside the significance of this evidence.
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November 18, 2024
AECOM Calls FCA Suit Alleging False Army Billing 'Meritless'
AECOM has pushed to end a False Claims Act suit alleging that it falsely billed the U.S. Army on a $1.9 billion support deal, saying the whistleblower who filed the suit hadn't shown that his remaining allegations were material to the government.
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November 18, 2024
Bannon's 'We Build The Wall' Trial Delayed Until 2025
A New York state judge on Monday agreed to push to February the criminal trial of Steve Bannon over an alleged scheme to con donors seeking to fund new segments of the U.S. border wall, while also allowing prosecutors to introduce additional financial records at trial.
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November 18, 2024
Treasury Finalizes Tougher Foreign Investment Law Penalties
The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.
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November 18, 2024
5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases
The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.
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November 18, 2024
Amazon Worker Can't Add Retaliation Claim To December Trial
A federal judge in Washington state has rejected a worker's eleventh-hour bid to amend his lawsuit accusing Amazon of passing him up for a promotion after he took protected military leave, saying the operations manager cannot "ambush" the e-commerce giant with fresh retaliation allegations just weeks before a trial in December.
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November 18, 2024
PPG Says Manager Stole Sales Data In Incora Move
PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.
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November 18, 2024
Blank Rome Attys Ask To Split Lawyer Retaliation Case
A trio of Blank Rome LLP attorneys have asked a federal judge in Pennsylvania to bifurcate a lawsuit against them from another attorney alleging they facilitated a client's retaliation against her for switching to plaintiffs work, asking the judge to split punitive damages into a separate case.
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November 18, 2024
High Court Turns Away Ex-Volvo Worker's Military Bias Suit
The U.S. Supreme Court declined Monday to review a U.S. Army veteran's suit claiming Volvo fired her because of her military service and post-traumatic stress disorder, leaving in place a Seventh Circuit decision that refused to reinstate a $7.8 million jury verdict in her favor.
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November 17, 2024
Trump Names FCC's Carr As New Agency Chair
President-elect Donald Trump has picked Brendan Carr, the senior Republican on the Federal Communications Commission, as the agency's next chair, selecting a former general counsel of the agency and frequent critic of the current administration to lead the telecom regulator.
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November 15, 2024
Defense Policy Outlook Under The New Trump Administration
Donald Trump's pending return to the White House is expected to bring significant changes to defense and national security policy, including a potentially larger but less diverse military, an increase in domestic sourcing and a more transactional relationship with allies.
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November 15, 2024
Texas Staffing Co. Sues State Over Minority Contract Program
An aerospace staffing agency has sued Texas Gov. Greg Abbott and the state's comptroller in federal court over a program that sets aside a certain percentage of contracts for minority-owned businesses, saying the program unfairly prevents the staffing agency from submitting bids because the company doesn't meet racial requirements.
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November 15, 2024
EPA Watchdog Flags Drinking Water Cybersecurity Risks
The U.S. Environmental Protection Agency's internal watchdog is sounding the alarm about cybersecurity weaknesses in the nation's drinking water systems, and said there are problems with the plans for reporting and coordinating responses to attacks.
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November 15, 2024
Sikorsky Stalling On Discovery In Fatal Crash Suit, Victims Say
Sikorsky Aircraft Corp. is wrongfully withholding discovery until a Pennsylvania federal court hears a promised request to transfer a fatal Canadian military helicopter crash lawsuit to Connecticut, according to a Friday letter by attorneys for the estates of the six crash victims.
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November 15, 2024
Veterans Seek Class Certification In Burn Pit Injuries Suit
A pair of veterans alleging the military misclassified their burn pit injuries as not combat-related have told a D.C. federal judge that they satisfied the criteria for size and common relief sought to proceed as a certified class.
Expert Analysis
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Title VII Compliance Lessons From Raytheon Age Bias Suit
A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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6 Steps To Ready Defense Contractors For Cybersecurity Rule
Following the U.S. Department of Defense's final rule establishing the Cybersecurity Maturity Model Certification program in federal regulations, Sandeep Kathuria at Ice Miller provides a refresher on CMMC and identifies best practices for defense contractors awaiting full implementation of CMMC.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Suspension And Debarment: FY 2024 By The Numbers
The multiyear, downward trend in suspensions and debarments of government contractors continued in fiscal year 2024, largely fueled by a sharp decrease in exclusions of individuals — a welcome development that may indicate recognition that these actions can be more punitive than prophylactic, says David Robbins at Jenner & Block.
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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.