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Aerospace & Defense
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August 02, 2024
DOJ Sues TikTok For Sweeping Children's Privacy Breaches
The U.S. Department of Justice on Friday hit TikTok and its parent company with a highly anticipated lawsuit accusing the short-form video app of engaging in "widespread" violations of children's privacy law by collecting a "wide variety" of personal information from kids under 13 without parental consent.
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August 01, 2024
Goodwin Procter Reps Behrman Unit In $475M Sale To ITT
Private equity firm Behrman Capital, guided by Goodwin Procter LLP, has agreed to sell its portfolio company kSARIA Holdings to global manufacturer ITT Inc. in a $475 million transaction, according to an announcement Thursday.
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August 01, 2024
DOJ Unveils Whistleblower Pilot, But Garners Atty Criticism
The U.S. Department of Justice on Thursday officially launched its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct, although some whistleblower attorneys decried the program's award caps and what they described as its lack of enforceability.
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August 01, 2024
Cos., Military Housing Lender Seek Early Wins In Loans Suit
Developers of military housing and a lender for such housing filed dueling summary judgment motions in New York federal court Wednesday, each seeking a quick win in a suit accusing the lender and others of defrauding the developers of hundreds of millions of dollars in project proceeds.
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August 01, 2024
DOD Defends Designating Tech Firm As Chinese Military Co.
The U.S. Department of Defense defended its decision to designate light section and ranging technology firm Hesai Technology Co. Ltd. as a Chinese military company, telling a District of Columbia federal judge that there exists "substantial evidence" that the company is affiliated with the Chinese Ministry of Industry and Information Technology.
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August 01, 2024
Boeing, Spirit Aerosystems Escape Calif. Door Blowout Suit
A California federal judge on Wednesday tossed Boeing and supplier Spirit AeroSystems from a product liability lawsuit brought by passengers aboard the Alaska Airlines flight that experienced a midair door plug blowout in January, finding that the Golden State court lacks jurisdictional authority over two of the three defendants.
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August 01, 2024
GE Retirees Reach Deal To Resolve Pension Benefits Dispute
General Electric retirees announced Thursday they'd struck a deal with their former employer to resolve claims that GE improperly used a company spinoff to renounce responsibility for supplemental pension benefits reserved for senior executives, the plaintiff-side firm that represented the retirees said.
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August 01, 2024
Prisoner Swap Includes Russian Convicted Of Insider Trading
A Kremlin-linked Russian national serving nine years for the largest insider trading case ever prosecuted in the U.S. was among the 24 people freed Thursday in an elaborate prisoner swap that included American journalist Evan Gershkovich and former Marine Paul Whelan.
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August 01, 2024
RTX Didn't Tell Jobseekers Of Lie Detector Ban, Suit Says
Raytheon Technologies Corp., now RTX Corporation, failed to advise job applicants that Massachusetts bans the use of lie detector tests in hiring decisions, as required by a nearly 40-year-old law, a proposed class action filed in state court alleges.
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July 31, 2024
DOD Says 9/11 'Mastermind,' 2 Accomplices Reach Plea Deals
The man accused of planning the attacks of Sept. 11, 2001, and two of his accused accomplices have reached plea agreements in their military commission cases, the U.S. Department of Defense announced Wednesday.
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July 31, 2024
9/11 MDL Judge Probes Saudi Arabia's Latest Exit Bid
A Manhattan federal judge peppered Saudi Arabia's lawyers with questions Wednesday as they argued that years of discovery have yielded no real evidence of a Saudi government spy helping organize the terrorist attacks of Sept. 11, 2001.
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July 31, 2024
GAO Says Navy Tactical Radio Contract Protest Is Untimely
The U.S. Government Accountability Office rejected a Las Vegas-based contractor's challenge to U.S. Navy deals awarded to L3Harris Technologies Inc. and Data Link Solutions, finding that the protest was four months too late.
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July 31, 2024
Gov't Contracts Of The Month: Launches And Submarines
The U.S. Space Force paid billions of dollars in July to SpaceX and United Launch Services LLC for national security launches, while the U.S. General Services Administration hired Deloitte Consulting LLP to consult on the nation's efforts to field next-generation nuclear submarines. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
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July 31, 2024
Include Satellites In Broadband Updates, SpaceX Tells FCC
SpaceX urged the Federal Communications Commission to include provisions for gateway earth station satellite hubs like its own in proposed regulations to expand broadband access within certain spectrum bands, telling the regulator that doing so would be a "win-win-win" for stakeholders.
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July 31, 2024
737 Max Families Say Boeing Deal 'Morally Reprehensible'
Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.
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July 31, 2024
NewAge Execs Deny Inflating Military Contract Prospects
Executives and board members of the defunct beverage company NewAge Inc. hit back at investors' allegations that they lied about having a deal to sell their products in military commissaries, saying the investors had failed to show that material misstatements were made.
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July 31, 2024
Antitrust Group Backs Naval Engineers' No-Poach Case
An advocacy group that supports robust enforcement of antitrust laws has urged the Fourth Circuit to revive a case from former naval engineers accusing military shipbuilders of using secret "no-poach" agreements to avoid competing for workers.
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July 31, 2024
Where Trump's 4 Criminal Cases Could Stand On Election Day
A landmark U.S. Supreme Court decision on presidential immunity, a dismissal order from a trial judge in Florida and scandal in Georgia threaten to derail state and federal criminal cases that had been moving full steam ahead against Donald Trump just a few months ago.
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July 30, 2024
Army Bug Repellent Case Heads To Mediation
A qui tam case in which the government alleges a North Carolina maker of bug-repellent clothing skimped on the amount of insect control chemicals it applied to combat uniforms will go to mediation, with a former federal magistrate judge serving as mediator, according to an order issued Tuesday.
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July 30, 2024
GAO Denies Protest Over Invasive Species Control Contract
The U.S. Government Accountability Office has rejected a Washington state-based veteran-owned business's challenge of a herbicide order awarded to a rival vendor and its claim that the U.S. Department of the Interior should have sought a quote from it first.
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July 30, 2024
Camp Lejeune Judge Limits Settlement Details In Hearings
A North Carolina judge has ruled that updates on settlement offers from suits stemming from decades-long water contamination at Marine Corps Base Camp Lejeune cannot be shown at hearings.
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July 30, 2024
Milbank Guiding Chorus Aviation On $1.4B Sale Of Leasing Biz
Canada's Chorus Aviation Inc. said Tuesday it has agreed to sell its regional aircraft leasing business to investment funds managed by HPS Investment Partners for about CA$1.9 billion ($1.4 billion).
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July 30, 2024
FTC, Career Step Pitch $43.5M Deal For Alleged Bogus Claims
Career Step LLC, a for-profit online career training company, has struck a $43.5 million proposed settlement to resolve Federal Trade Commission claims it targeted servicemembers and their spouses with deceptive advertising about its programs and the successes of its students.
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July 29, 2024
NYC Prof And Purported Dissident A Chinese Spy, Jury Hears
A New York academic and author secretly acted as an agent of the Chinese government in the United States, a prosecutor told jurors on Monday, betraying pro-democracy activists by feeding information to China's intelligence service.
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July 29, 2024
NIST Lays Out 200+ Ways To Tackle Generative AI Risks
The National Institute of Standards and Technology has recommended hundreds of actions that can be taken to address issues of data privacy, intellectual property, environmental impact and more raised by generative artificial intelligence.
Expert Analysis
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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3 Employer Lessons From NLRB's Complaint Against SpaceX
Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.
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Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Bid Protest Spotlight: Unwitting Disclosure, Agency Deference
Roke Iko at MoFo examines two U.S. Court of Federal Claims decisions highlighting factors to consider before filing a protest alleging Procurement Integrity Act violations, and a decision from the U.S. Government Accountability Office about the capacity of an agency to interpret its own solicitation terms.
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Best Practices For Space Security In Our Connected World
NASA's recently published space security guide is another indication that cyber-resilience has become a global theme for the space and satellite sector, as well as a useful reference for companies and organizations reviewing their cybersecurity frameworks or looking to partner with the U.S. agency, says Hayley Blyth at Bird & Bird.