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Aerospace & Defense
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November 13, 2024
Claims Court Denies 'Creative' Bid For Losing Protester's Fees
A government contractor fronted by former Pittsburgh Steeler Rocky Bleier was "creative" in its request for attorney fees following its failed bid protest over a $14.7 million VA contract, but the U.S. Court of Federal Claims rejected the request in an order unsealed this week.
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November 13, 2024
Judge Won't Rethink Mootness Of Air Force Vax Mandate Suit
A Georgia federal judge on Tuesday refused to reconsider his finding that a challenge by U.S. Air Force personnel to the military's now-rescinded COVID-19 vaccination mandate on religious grounds is moot, holding there is no live controversy to keep the case going.
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November 13, 2024
Space Activities Need Licensing Latitude, Chamber Says
The Federal Communications Commission could stifle in-space manufacturing growth if it decides to license new space stations only for individual services instead of broader, category-wide uses, the U.S. Chamber of Commerce said.
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November 13, 2024
GAO Snubs Co.'s Protest Of Air Force Order Awarded Rival
The U.S. Government Accountability Office has rebuffed an Ohio company's protest of a U.S. Air Force task order being awarded to a competitor, finding that the information technology, engineering and professional services company has provided insufficient documentation to support its proposal.
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November 13, 2024
DOD Issues Strategy For Military Base Private 5G Networks
The U.S. Department of Defense released its strategy for deploying private 5G networks that are upgraded and specifically tailored for needs that can't be met by public commercial networks.
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November 13, 2024
Trump Picks Former Democrat Gabbard For Intelligence Chief
President-elect Donald Trump said Wednesday that he had chosen former Rep. Tulsi Gabbard as his nominee for director of national intelligence, also confirming he had chosen Sen. Marco Rubio, R-Fla., as his secretary of state.
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November 13, 2024
Feds Ink $52M Deal Over Phony Vet Gov't Contract Scheme
Virginia-based contractor Paragon Systems Inc. has agreed to pay the U.S. government $52 million to settle claims that the company knowingly engaged in a fraudulent scheme to use small businesses that it controlled to obtain contracts reserved for veteran-owned or socially or economically disadvantaged businesses and that its executives received monetary kickbacks.
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November 13, 2024
Menendez Prosecutors Admit Evidence Gaffe But Deny Harm
Prosecutors in former U.S. Sen. Bob Menendez's corruption case told a federal judge Wednesday they accidentally violated a court order when they gave jurors nine exhibits containing information that should have been redacted, but said the error played no part in the guilty verdict.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Trump Gathers Nat'l Security Team For Border, Defense Roles
President-elect Donald Trump has chosen a slate of loyalists with hawkish approaches toward foreign policy and securing the U.S. border, creating a team of ideologically aligned officials as he seeks to ramp up deportations and end the war in Ukraine. Law360 takes a look at seven of his national security picks and the impact they will have on defense, immigration and foreign relations with rival nations.
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November 12, 2024
Colo. Justices Pass On School ADA Fight Over Veteran's Dog
The Colorado Supreme Court on Tuesday denied a bid by a state university to review an appellate finding that the school may have pried too deeply with its inquiries into a veteran's service dog and relied on an outdated rationale for seeking additional info.
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November 12, 2024
Split DC Circ. Says White House Can't Issue NEPA Regs
A divided D.C. Circuit determined Tuesday that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act, finding there is no statutory language showing Congress empowered it to do so.
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November 12, 2024
Huawei Urges Judge To Toss US IP Theft, Fraud Charges
China's Huawei Technologies and its affiliates have asked a Brooklyn federal judge to dismiss the majority of a criminal indictment, slamming allegations that it tried to steal intellectual property from U.S. rivals and deceived banks and the U.S. government about its business dealings with sanctioned countries.
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November 12, 2024
Trump Ally Bannon Seeks Delay Of 'We Build The Wall' Trial
Former Trump administration strategist Stephen Bannon on Tuesday sought to delay his criminal trial on New York state charges stemming from an alleged scheme to con donors seeking to fund a southern U.S. border wall, two weeks after he wrapped up his federal prison sentence for contempt of Congress.
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November 12, 2024
SEC, SolarWinds Walk Away From Settlement Talks
Settlement negotiations between the U.S. Securities and Exchange Commission and software developer SolarWinds Corp. reached an impasse Tuesday, with the parties telling a New York federal judge that they did not feel it was worthwhile to continue discussing a possible end to the novel enforcement action.
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November 12, 2024
Feds Want Pasadena Claims Tossed In Caltech Pollution Suit
The U.S. government is urging a California federal court to throw out cross-claims from the city of Pasadena in a suit over groundwater contamination from the Jet Propulsion Laboratory's work in the mid-20th century, saying the city is wrongly conflating claims against the California Institute of Technology and the government.
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November 12, 2024
Freshfields Adds Ex-DOJ Atty To Co-Lead Investigations Team
Freshfields has added the former associate deputy attorney general at the U.S. Department of Justice as the firm's new co-chair of its congressional investigations team, according to an announcement Tuesday.
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November 12, 2024
Ex-National Guardsman Gets 15 Years For Top Secret Leaks
A former Massachusetts Air National Guardsman who leaked top secret Pentagon documents on the social media network Discord was sentenced Tuesday to 15 years in prison for a breach that federal prosecutors have said caused "exceptionally grave and long-lasting damage" to national security.
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November 12, 2024
Jury Holds CACI Liable For $42M Over Abu Ghraib Torture
A Virginia federal jury ruled Tuesday that defense contractor CACI must pay $42 million to former prisoners at Iraq's Abu Ghraib military prison, finding it conspired in their torture by the U.S. military.
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November 12, 2024
Justices Won't Review Family's Suit Over Airport Searches
The U.S. Supreme Court declined Tuesday to review the dismissal of a Muslim family's challenge to their possible inclusion on a terrorist watchlist.
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November 08, 2024
Gov't Says No Need For Continuous Contractor Registration
The Federal Acquisition Regulatory Council issued a rule Friday clarifying that contractors don't need to be continuously registered in a federal database between bidding and contract award, a contentious issue that has cost prospective contractors billions of dollars in federal deals.
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November 08, 2024
Boeing Wins Discovery Spat In African Airline's 737 Max Suit
A Washington federal judge has sided with Boeing in a discovery dispute stemming from a lawsuit over fallout from a 737 Max deal, finding the aerospace giant has cited "tangible evidence" that a now-defunct South African airline failed to retain records "obviously relevant" to its claims that it was deceived regarding the jet's safety.
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November 08, 2024
Pawn Shop Must Face CFPB's Military Law Claims, Judge Says
In a matter of first impression, a Texas federal judge has ruled that national pawn shop company FirstCash Inc. cannot use a "bona fide error" defense to argue that its alleged violation of the Military Lending Act was an unintentional mishap, saying the defense only applies to private borrower claims, not federal agency suits.
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November 08, 2024
Judge Won't Pause Housing Order In LA Campus Suit
A California federal judge has refused to pause his order requiring the federal government to put out contract offers for the construction of temporary housing on a Los Angeles campus that's at the heart of a class action filed by disabled, homeless military veterans who accused the federal government of misusing the property.
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November 08, 2024
Feds Say Iranian Agents Plotted To Kill Trump, Journalist
Manhattan federal prosecutors announced Friday that three agents of the Iranian government are charged with surveilling and plotting to kill American citizens, including President-elect Donald Trump and a journalist who has been an outspoken critic of the regime.
Expert Analysis
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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IP Concerns For Manufacturing Semiconductors In Low Orbit
With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.
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$200M RTX Deal Underscores Need For M&A Due Diligence
RTX's settlement with regulators for violating defense export regulations offers valuable compliance lessons, showcasing the perils of insufficient due diligence during mergers and acquisitions transactions along with the need to ensure remediation measures are fully implemented following noncompliance, say Thad McBride and Faith Dibble at Bass Berry.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Navigating Restrictions Following Biotech Bill House Passage
Ahead of the BIOSECURE Act’s potential enactment, companies that obtain equipment from certain Chinese biotechnology companies should consider whether the act would restrict their ability to enter into contracts with the U.S. government and what steps they might take in response, say attorneys at Ropes & Gray.