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Aerospace & Defense
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August 26, 2024
Gov't Contracting Policies To Watch In The 2nd Half Of 2024
An overhaul to the U.S. Department of Defense's cybersecurity requirements and a pending rule requiring many contractors to report their greenhouse gas emissions headline a slate of significant policy initiatives for government contractors to watch for during the second half of this year. Here, Law360 previews four upcoming policy changes with significant potential impacts on government contractors.
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August 23, 2024
Fla. IT Worker Pleads Guilty To Working As Chinese Agent
An information technology worker pled guilty to working as an agent for the Chinese government in Florida federal court Friday, telling prosecutors that he'd worked as a "cooperative contact" for the Chinese since 2012, even tracking Chinese dissidents within the U.S.
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August 23, 2024
VA Says It Properly Assessed Bids For $22B IT Deal
The U.S. Department of Veterans Affairs has told the Court of Federal Claims that it had no obligation to consider potential future conflicts of interest involving contractors added to a $22.3 billion information technology contract, pushing back against allegations that it should have disqualified awardees.
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August 23, 2024
737 Max Families Spurn DOJ, Boeing's 'Cozy' Plea Deal
Families of victims of the 737 Max 8 crashes told a Texas federal judge on Friday that the U.S. Department of Justice's "cozy" plea agreement with Boeing must be rejected because it's based on misleading facts and shoddy math that overlook the tragic deaths of 346 people.
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August 23, 2024
Biden White House Unleashes More Sanctions On Russia
The Biden administration issued a wave of sanctions against Russia on Friday — the eve of Ukrainian Independence Day — targeting 400 entities and individuals who are allegedly helping Russia avoid the sanctions imposed in response to its invasion of Ukraine.
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August 23, 2024
Federal Gov't Hits Georgia Tech With Cybersecurity FCA Suit
The federal government has hit the Georgia Institute of Technology with a False Claims Act suit accusing the university of knowingly failing to comply with required cybersecurity standards while working on federal defense contracts.
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August 23, 2024
Judge Won't Restrict Access To RTX Trade Secrets Trial
Defense contractor RTX Corp. won't be able to bar non-U.S. citizens from a trade secrets trial slated to get underway Tuesday, but exhibits, such as diagrams, will not be made visible to observers in the courtroom, a Massachusetts federal judge ordered.
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August 23, 2024
Canada Mining Biz Seeks US Listing Via $589M SPAC Merger
Canadian rare-earth miner Tactical Resources Corp. plans to go public in the U.S. by merging with special purpose acquisition company Plum Acquisition III Corp. at an estimated value of $589 million, both parties announced on Friday, through a deal guided by four law firms.
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August 23, 2024
Patent Case Against USPTO Mimics Failed Suit, Feds Say
The federal government has moved to toss a suit alleging that the U.S. Patent and Trademark Office's website infringes patents covering the idea of two-factor authorization, arguing that a patent in the same "family" was thrown out in 2016 by a different court that said it contained "nothing inventive."
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August 23, 2024
The Biggest Enviro Policy Moves Of 2024: Midyear Report
As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles.
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August 22, 2024
9th Circ. Revives Military Bias Claims Against Alaska Airlines
The Ninth Circuit on Thursday revived a class action alleging Alaska Airlines illegally denied accrued vacation and sick time to pilots on military assignments, saying the case now has the benefit of a decision from the court in a similar case involving the airline.
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August 22, 2024
GAO Backs Protest Over Navy Sonar Equipment Deal
The U.S. Government Accountability Office has backed a protest over corrective action on a U.S. Navy solicitation for sonar equipment, saying the Navy failed to consider whether a restrictive term added to the deal made it inappropriate as a small business contract.
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August 22, 2024
Tech Firm Says DOD Was Ad-Hoc With Chinese Military Label
Lidar technology firm Hesai argued Wednesday that the U.S. Department of Defense has not proved Hesai has connections to the Chinese military as the firm strives to get taken off a list denoting them as such.
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August 22, 2024
Air Force Cancels $12B Nuclear Missile Program Support Deal
The U.S. Air Force has canceled a long-pending $12 billion solicitation for nuclear missile program support services in the wake of a protest decision finding that the Air Force didn't properly assess awardee Guidehouse LLP's contract proposal.
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August 22, 2024
Nadine Menendez's Bribery Trial Delayed Until 2025
The bribery trial of former U.S. Sen. Robert Menendez's wife is delayed until at least January because she is being treated for cancer, a New York federal judge ruled Thursday.
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August 22, 2024
Feds Accuse NYC Man Of Acting As Chinese Agent
Manhattan federal prosecutors have accused a naturalized U.S. citizen of acting as an agent of the People's Republic of China and relaying intelligence to the Chinese government.
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August 22, 2024
Latvian Faces Charges For Alleged Role In Smuggling Scheme
A Latvian national accused of helping Russians evade U.S. export controls issued after the start of the Russia-Ukraine war and obtain U.S. avionics equipment has been extradited to the U.S., the U.S. Department of Justice announced.
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August 22, 2024
Army Adviser Gets 12 Years For Scamming Gold Star Families
A former New Jersey financial counselor with the U.S. Army and a major in the U.S. Army Reserve was sentenced to 151 months in prison after pleading guilty to defrauding Gold Star families and other related crimes, the U.S. attorney's office announced.
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August 21, 2024
IBM Incentivizes Biased Hiring, Ousted White Male Worker Says
IBM financially incentivizes and pressures corporate leadership to hire people based on their race and gender, according to a new suit filed in Michigan federal court by a former IBM employee who claims he was unlawfully fired for being a "double whammy" white male.
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August 21, 2024
RTX Wants Trade Secrets Trial Closed To 'Non-US Persons'
Defense contractor RTX is fighting with a manufacturer over whether a trade secrets trial next week over the design of a mechanical bearing used in the U.S. military's "StormBreaker" bomb should be closed off to all "non-U.S. persons."
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August 21, 2024
Alaska Air Seeks Clarification In Rogue Pilot Case
Alaska Airlines has urged a Washington state judge to clear up his decision to partially dismiss a lawsuit alleging an off-duty crew member tried to crash a flight in October, saying the ruling doesn't clearly state the passengers suing the company can no longer pursue claims rooted in federal aviation safety regulations.
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August 21, 2024
VA Tells High Court Veterans' PTSD Claims Correctly Rejected
The federal government urged the U.S. Supreme Court not to overturn decisions denying two veterans' claims for post-traumatic stress disorder benefits, saying lower courts properly refused to reconsider evidence whether the vets deserved the benefit of the doubt.
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August 21, 2024
500,000 Camp Lejeune Cases Filed With The Navy
The federal government and Camp Lejeune litigants have told the North Carolina federal court overseeing claims over contaminated drinking water at the Marine base that there have been nearly 550,000 administrative claims filed with the U.S. Navy.
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August 21, 2024
Judge Bars DOD Policy Blocking HIV-Positive Enlistees
A Virginia federal judge has struck down a U.S. Department of Defense policy barring HIV-positive people from joining the military, saying the DOD had failed to take current scientific evidence on HIV treatment and transmission into account.
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August 21, 2024
US Army Escapes Nebraska Tribe's Repatriation Suit
A federal district court judge won't order the U.S. Army to repatriate the remains of two Native American children from a boarding school cemetery in Pennsylvania, saying provisions of a law designed to protect Indigenous burial sites don't apply to the 180 children entombed there for more than a century.
Expert Analysis
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
OFAC Should Loosen Restrictions On Arbitration Services
The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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How DOD Can Improve Flexibility Under Proposed Cyber Rule
The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.
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Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely
The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.
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6th Circ. Ruling Breathes New Life Into Article III Traceability
The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.