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Aerospace & Defense
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Judge Newman Maintains Fitness Probe Must Be Transferred
Counsel for suspended 97-year-old Federal Circuit Judge Pauline Newman on Wednesday told the D.C. Circuit that its decision to transfer ethics complaints against a senior district court judge, lodged by his own colleagues, supported her contention that her fellow circuit judges shouldn't investigate her fitness to remain on the bench.
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March 26, 2025
Board Backs Both Sides' Claims In Army Corps Contract Row
The Armed Services Board of Contract Appeals has partially backed claims from both the U.S. Army Corps of Engineers and a contractor related to delays on an installation and modification project for a Kansas City power generation and water treatment facility.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
GAO Sides With Security Co. In $45M Army Corps Dispute
The U.S. Government Accountability Office has sustained a security contractor's protest over being excluded from a more than $45 million U.S. Army Corps of Engineers task order, saying the agency's solicitation was "latently ambiguous" about what information would be left out because of page limits.
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March 26, 2025
$1.1M Contract Cut Settles Foreign Vessel Row, Board Says
After determining the U.S. Army Corps of Engineers could reduce a $48 million Bahrain pier replacement contract due to a contractor tapping a foreign-flagged ship to haul materials, a military contract board agreed with the government that $1.1 million was an appropriate reduction.
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March 26, 2025
Defense Contractor To Pay $4.6M Over Cyber Compliance
Defense contractor MORSECORP Inc. agreed to pay the federal government $4.6 million to resolve a whistleblower lawsuit claiming the company did not comply with cybersecurity requirements for Army and Air Force contracts, the U.S. Department of Justice announced Wednesday.
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March 26, 2025
Del. Justices Seek Reasons To Revive Raytheon Incentive Suit
Delaware's chief justice pressed a stockholder attorney Wednesday to provide more justification for resurrecting a Chancery Court suit claiming the company didn't seek stockholder approval for allegedly unfair changes to a multimillion-dollar RTX Corp. incentive plan.
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March 25, 2025
Intelsat Seeks Fast C-Band Relocation Payments
The Federal Communications Commission should be paying satellite operators to partially clear out of the upper C-band and it should be doing it quickly, according to Intelsat, which told the agency that it has already done its part.
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March 25, 2025
Boeing, DOJ 737 Max Criminal Conspiracy Trial Set For June
Boeing Co. will face a June trial in its 737 Max criminal conspiracy case, a Texas federal court said Tuesday, in a dramatic shift in the American aerospace giant's legal saga as the company continues to renegotiate its plea agreement with the U.S. Department of Justice.
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March 25, 2025
Cruz Sees Spectrum Pipeline Passing In Budget Bill
A new pipeline of commercial spectrum will almost certainly be made available as part the sweeping budget bill that Congress will soon consider, Sen. Ted Cruz, R-Texas, said Tuesday.
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March 25, 2025
MoneyLion Gets CFPB Military Lending Suit Cut, But Not Axed
A New York federal judge has trimmed the Consumer Financial Protection Bureau's suit against MoneyLion Technologies, tossing claims that alleged improper use of an arbitration agreement and disclosure violations while allowing the remainder to proceed.
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March 25, 2025
GAO Rejects Protest Over Army's $16M Waste Collection Deal
The U.S. Government Accountability Office has rejected a protest over a $16.2 million U.S. Army waste collection contract, saying the Army reasonably decided the awardee met subcontracting limits for the deal.
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March 25, 2025
Judge Won't Halt DQ Of Contractor From Marine Corps Award
A Court of Federal Claims judge has rejected an autonomous military training company's attempt to block its disqualification from a more than $190 million Marine Corps small business contract, saying the agency had a rational basis for the disqualification decision.
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March 25, 2025
Trans Military Ban Rests On 'Unconvincing' Proof, Judge Says
A Washington federal judge hinted Tuesday he might block the Trump administration's ban on transgender troops later this week, expressing doubt that the U.S. Department of Defense has evidence to back its stance that gender dysphoria alone makes people unfit for military service.
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March 25, 2025
3D Printing Tech Co. Wins Chancery Order For Merger Closing
Delaware's chancellor issued a short-fuse post-trial order late Monday giving high-tech electronics board maker Nano Dimensions 48 hours to secure a national security agency agreement needed to acquire Israeli 3D printing defense contractor Desktop Metal.
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March 25, 2025
Contractor Drops $1.1M Bond Dispute Against Liberty Mutual
A Delaware-based plumbing and HVAC company has withdrawn its federal suit claiming that a general contractor and Liberty Mutual improperly withheld $1.1 million in payments for work the company completed on a U.S. Army Corps of Engineers elementary school project.
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March 24, 2025
Contract Consolidation Under GSA Could Hurt Innovation
The pending consolidation of more than $490 billion in annual federal procurement under the General Services Administration could exacerbate the ongoing shrinking of the federal contracting base and stymie contracting innovation, undercutting its stated efficiency goal.
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March 24, 2025
DC Circ. Appears Divided In Venezuelan Deportation Appeal
A D.C. Circuit panel seemed split on Monday as the appellate judges contended with the Trump administration's bid to dissolve a trial court order blocking the deportations of some Venezuelan nationals to El Salvador under the 1798 Alien Enemies Act.
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March 24, 2025
4th Circ. Halts Removal Of PFAS Suits Against 3M
The Fourth Circuit agreed on Monday to halt a panel's split decision allowing 3M to remove to federal court lawsuits brought by Maryland and South Carolina alleging environmental contamination from forever chemicals, while it considers their request for rehearing.
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March 24, 2025
Investors Blame Electrotherapy Co.'s Practices For Stock Drop
Electrotherapy device maker Zynex Inc. faces a proposed investor class action claiming it harmed shareholders after it was booted from at least one insurer network for U.S. military members, allegedly due to oversupplying its customers.
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March 24, 2025
Camp Lejeune Litigants Expect Global Deal By Year's End
Veterans and their family members who sued the government over toxic water at Camp Lejeune will likely see a global deal resolving their claims by the end of 2025, according to a report in North Carolina federal court from Jenner & Block LLP and DLA Piper attorneys designated as settlement masters.
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March 24, 2025
Trump Proposes 25% Tariff On Venezuelan Oil Buyers
President Donald Trump detailed plans Monday on his social media platform to set a 25% tariff on any country purchasing Venezuelan oil, later clarifying in a White House press appearance that those levees would come on top of any existing tariffs.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 24, 2025
Nadine Menendez Did Senator's 'Dirty Work,' Feds Tell Jury
Nadine Menendez aided her husband Bob Menendez's corruption by acting as "the bribe collector" for payments "too risky" for the New Jersey Democrat to handle himself, a Manhattan federal prosecutor said at the start of her trial Monday.
Expert Analysis
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The 5 Most Important Bid Protest Decisions Of 2024
The U.S. Court of Appeals for the Federal Circuit, the Court of Federal Claims and the Government Accountability Office issued five noteworthy bid protest decisions in 2024 that will likely have a continuing impact on questions concerning standing, timeliness, corporate transactions and more, say attorneys at Bradley Arant.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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'Key Personnel' Defense Is Trending In GAO Bid Protests
A trio of recent cases before the U.S. Government Accountability Office demonstrate that both the government and intervenors are increasingly defending bid protests by arguing that a protester's key personnel became unavailable after a proposal submission, but prior to an award, says Joshua Duvall at Maynard Nexsen.
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Inside New Commerce Tech Restrictions: Mitigation Strategies
Given the breadth of the Bureau of Industry and Security’s authority under new restrictions on foreign adversary products and technologies, companies should assess their risk of falling in the agency's crosshairs and, if so, engage with BIS ahead of any enforcement action, says Peter Jeydel at Troutman Pepper Locke.
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What's Next For Accounting Enforcement After SEC's Big 2024
The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Inside New Commerce Tech Restrictions: Key Risk Takeaways
While there are a few limitations on the scope of a new final rule restricting certain foreign adversary products and technologies, the Commerce Department's Bureau of Industry and Security retains sweeping authority to regulate an array of risk areas, says Peter Jeydel at Troutman.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.