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Aerospace & Defense
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July 08, 2024
Trump's Mar-a-Lago Case Slowed After Immunity Ruling
The Florida federal judge overseeing Donald Trump's criminal case over retaining classified national security documents at Mar-a-Lago after leaving the White House temporarily halted some proceedings following the U.S. Supreme Court's presidential immunity ruling, and also denied a motion to dismiss the superseding indictment against Trump's personal aide.
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July 08, 2024
Feds Seize $63M LA Estate Tied To Armenian Bribe Probe
The U.S. Department of Justice said Monday that it will seize a $63 million Los Angeles estate that it claims was bought with bribe payments for the family of a former Armenian government official.
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July 08, 2024
Boeing To Plead Guilty, Pay $243M Fine In DOJ 737 Max Deal
Boeing has agreed to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing late Sunday.
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July 05, 2024
GAO Approves Of Rival Co.'s Use Of Same Subcontractor
The U.S. Government Accountability Office has rejected a protest over a Defense Health Agency healthcare delivery modernization task order, saying Peraton Inc. was allowed to use the same subcontractor as rival ViiMed after the DHA ended ViiMed's similar deal.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Trump Urges Halt To Mar-A-Lago Case, Citing Immunity Ruling
Former President Donald Trump urged a Florida federal judge Friday to pause the criminal case that accuses him of illegally retaining classified documents at his Mar-a-Lago residence after leaving the White House, citing a recent U.S. Supreme Court ruling that said he might be immune to charges related to official acts.
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July 05, 2024
Self-Driving Tech Co. Disputes Chinese Military Designation
Lidar technology firm Hesai has urged a Washington, D.C., federal judge to overturn its designation as a Chinese military company, saying the Pentagon had failed to show it had any connection to China's military industrial base.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 03, 2024
Menendez's Focus On Ally's Case Was Legitimate, Jury Told
Sen. Robert Menendez rested his bribery defense Wednesday after a prominent criminal defense attorney testified that Menendez was not alone in finding a certain prosecution "abusive," rebutting the notion that the lawmaker's interest was part of a quid pro quo.
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July 03, 2024
Electric Jet Co. Scoffs At Boeing Bid To Undo $72M IP Verdict
Zunum Aero Inc. said that a federal judge should reject The Boeing Co.'s efforts to cancel a $72 million jury award for misappropriating the electric jet startup's trade secrets, saying evidence presented during a 10-day trial in May amply supports the verdict.
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July 03, 2024
SpaceX Can Proceed With 2nd NLRB Constitutional Challenge
The National Labor Relations Board can't press pause on SpaceX's second fight over the constitutionality of the agency's structure, a Texas federal judge ruled Wednesday, saying the board couldn't demonstrate why the proceeding should be stayed.
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July 03, 2024
JV Questioned Over Small Biz's Role Can't Upend $50M Deal
A joint venture couldn't upend a $50 million IT contract, failing to convince the U.S. Government Accountability Office that a federal officer was wrong to question what its protégé member brought to the table during an early stage of bidding, the GAO has said.
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July 03, 2024
Guo Witnesses Point To Chinese Harassment Of Dissidents
Defense witnesses in the $1 billion fraud trial of Miles Guo told a Manhattan federal jury Wednesday that the Chinese dissident is a prime target of "Operation Fox Hunt," an alleged program within China's government that aims to silence and repatriate critics of the regime.
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July 03, 2024
Veterans Ask High Court To Revive PTSD Benefits Claims
Two military veterans urged the U.S. Supreme Court to remand Federal Circuit rulings that denied their benefits claims for post-traumatic stress disorder, saying the lower courts failed to properly review whether they deserved the benefit of the doubt.
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July 03, 2024
Chevron Reversal May Shift Contract Dispute Outcomes
The U.S. Supreme Court's upending of its 40-year-old Chevron doctrine, which deferred to federal agencies' interpretation of ambiguous legislation, could reverberate outside the statutory realm and give government contractors an edge while contesting agencies' read of contract language, experts say.
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July 03, 2024
DLA Piper Adds McGuireWoods' Downtown LA Shop Lead
McGuireWoods LLP's former Los Angeles downtown office head is taking her class action and complex litigation-focused practice in finance, technology, aerospace and oil industries to DLA Piper, the firm announced this week.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Contractor Says Chevron Reversal 'Upends' Navy Deal Suit
A military contractor seeking to undo the U.S. Navy's contract with a competitor for support services at European bases has told the Federal Circuit that the U.S. Supreme Court's recent overturning of the so-called Chevron doctrine "upends" the underlying decision in its suit.
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July 02, 2024
Challenge To Army Container Corrective Action Dismissed
The U.S. Court of Federal Claims on Monday swept aside a challenge to the U.S. Army Materiel Command's revamped Army shipping container project.
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July 02, 2024
House Dems Urge More F-16 Training For Ukrainian Pilots
Fifteen House Democrats implored the U.S. Department of Defense on Monday to support Ukraine's request to train 10 additional pilots on F-16 fighter jets this year.
Expert Analysis
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How US Companies Can Wield The New Foreign Bribery Law
U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.
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How Gov't Use Of Suspension And Debarment Has Evolved
A recent report to Congress about federal agencies' suspension and debarment activities in fiscal years 2021 and 2022 shows exclusion remains a threat to government contracting businesses, though proactive engagement with suspending-and-debarring officials and alternate forms of redress are becoming more common, says David Robbins at Jenner & Block.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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4 Questions On Groundbreaking New Foreign Bribery Law
The recently enacted Foreign Extortion Prevention Act will significantly alter the anti-corruption landscape under U.S. law by allowing prosecutors to pursue foreign officials for soliciting or accepting bribes, but it’s not yet clear how the statute will be used and by whom, say attorneys at K&L Gates.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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DOD's Proposed Cyber Rule: What Contractors Must Know
A review of the U.S. Department of Defense's recently published Cybersecurity Maturity Model Certification proposed rule, requiring independent third-party cybersecurity assessments for many defense contractors, suggests that there will be a competitive advantage to prompt demonstration of full compliance with the rule, says Robert Metzger at Rogers Joseph.
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Tips For Contractors Preparing For Potential Gov't Shutdown
With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Expect National Security Scrutiny Of Higher Ed To Continue
In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.
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Anti-Money Laundering Compliance Must Put Officers On Alert
Recent government actions against FTX and other crypto companies have put a laser focus on corporate compliance failures, with added pressure on compliance officers — making the need for personal risk assessment particularly acute given today's novel anti-money laundering issues, say Poppy Alexander at Constantine Cannon and Caleb Hayes-Deats at MoloLamken.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.