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Aerospace & Defense
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July 01, 2024
Military Store Service Says Blind Vendors Must Follow Process
The U.S. Department of Defense asked a federal judge on Monday to dismiss a lawsuit filed by blind entrepreneurs accusing the military of ignoring a law that requires officials to prioritize businesses owned by blind people, arguing that the merchants should have completed the administrative process first.
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July 01, 2024
Admiral, CEOs Deny Steering Navy Contracts
A retired four-star Navy admiral and two executives at a leadership training company pled not guilty to charges of conspiracy and bribery Monday morning in D.C. federal court, vowing to take the U.S. Department of Justice's case to trial.
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July 01, 2024
Catching Up With Delaware's Chancery Court
Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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July 01, 2024
Sullivan & Cromwell Pilots Boeing $4.7B Spirit Aero Takeover
Boeing said Monday it has agreed to acquire aircraft parts maker Spirit AeroSystems in a $4.7 billion all-share deal under which rival Airbus will also take control of the European-linked operations of Spirit in return for $559 million in compensation.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Prosecution Rests In Menendez Bribery Trial
New York federal prosecutors on Friday closed out their case-in-chief that Sen. Robert Menendez accepted bribes from constituent businessmen, resting after a final witness said some $550,000 in cash seized from the senator's wife's house could not have been from his cash withdrawals in recent years, which were only $55,000.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Fla. Air Force Vet Charged With Sharing Classified Information
A Florida Air Force veteran was accused of distributing classified materials about military aircraft in a federal indictment, which charged him with several counts of sharing national defense information that could be used to harm the United States.
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June 28, 2024
Navy Accused Of Favoring Mentor-Protege Cos. On $50B Deal
A Navy contractor has urged a Court of Federal Claims judge to overturn the U.S. Navy's modification to a $50 billion professional services contract, saying the change had given an unfair advantage to mentor-protégé joint ventures and their member companies.
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June 28, 2024
NJ Contractor Admits To Defrauding Defense Dept.
A New Jersey businessman has admitted in federal court to engaging in two multiyear schemes to defraud the U.S. Defense Department on contracts for military equipment parts and agreeing to rig bids for government contracts.
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June 28, 2024
House Passes Contentious $833B Defense Spending Bill
The U.S. House of Representatives on Friday passed an $833 billion bill funding the Pentagon for 2025, amid a veto threat over contentious issues such as cutting funding for Ukraine and a bar on gender-affirming care.
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June 28, 2024
Gov't Contracts Of The Month: Space Launches And Satellites
June saw NASA and the U.S. Space Force doling out billions of dollars for weather satellites, information technology services and national security space launches. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
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June 28, 2024
Satellite Cos. Call For More Detail On FCC's Space Debris Plan
Satellite companies are telling the Federal Communications Commission that more work needs to be done before it moves forward on an accidental explosion probability threshold for satellites, with several arguing in recent weeks that the agency needs more comment to establish a clear metric.
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June 28, 2024
Afghans Who Aided U.S. Gov't Sue Over Kids' Visa Denials
A group of Afghan nationals who supported the U.S. government in its decades-long war against the Taliban sued the federal government in Virginia federal court Thursday, claiming their children's visa applications were arbitrarily denied after years of processing delays, forcing them to remain in Afghanistan and putting them in grave danger.
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June 28, 2024
Taxation With Representation: Kirkland, Vinson, Skadden
In this week's Taxation with Representation, Aareal Bank AG and Advent International sell a property management and maintenance software company, Webtoon Entertainment Inc. and Tamboran Resources Corp. price initial public offerings, SM Energy Company acquires oil and gas assets, and Nokia sells Alcatel Submarine Networks to the French state.
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June 28, 2024
Skadden Guides Nokia On $2.3B Infinera Buy, Stock Pops
Skadden is representing Nokia on a deal to buy Silicon Valley optical-transmission equipment maker Infinera at a $2.3 billion enterprise value, as the Finnish telecommunications giant looks to upsize its North American optical markets business.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 27, 2024
Menendez Met Alleged Briber Pre-Gold Price Search, Jury Told
An FBI cell tower expert told Sen. Robert Menendez's bribery jury Thursday that the phones of the senator, his wife and co-defendant developer Fred Daibes all pinged in the same location minutes before the senator did a web search for "how much is one kilo of gold worth."
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June 27, 2024
Sen. Brown Asks White House To Enforce Mexican Steel Curbs
Sen. Sherrod Brown, D-Ohio, has argued an alleged surge of Mexican steel into the U.S. threatens to undermine the domestic economy in a letter urging the Biden administration to enforce a trade deal restricting Mexican steel.
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June 27, 2024
Navy Wrongly Ended Deal Over Staffing Req, Fed. Circ. Told
A U.S. Navy contractor has urged the Federal Circuit to overturn the branch's decision to cancel a support services task order for default, saying the Navy had imposed unjustified staffing requirements on the deal and wrongly sought to debar the company from contracting.
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June 27, 2024
SpaceX Says Local Regs Best Suited For Fixing 'Dead Zones'
SpaceX is steadily deploying a fleet of satellites to cover mobile carrier "dead zones" across the globe, but cautions the Federal Communications Commission that it must allow each country's regulators to govern issues like signal interference on the ground.
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June 27, 2024
Deals Rumor Mill: Boeing, Blackstone, Bosch
Boeing offers $4 billion for parts maker Spirit AeroSystems, Blackstone could sell Legence at up to $5 billion value, and Bosch mulls a bid for Whirlpool. Here, Law360 breaks down the notable deal rumors from the past week.
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June 27, 2024
US Service Members Want Timeshare Class Action Certified
A putative class of U.S. service members who borrowed timeshare loans pushed for class certification for their suit in Florida federal court against two timeshare companies, which were accused of violating the Military Lending Act by not making legally required disclosures about the loans and arbitration requirements.
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June 27, 2024
Boeing Settles Suit Claiming NC Fund Ransomed Plane Parts
The Boeing Co. and the private investment firm it accused of forcing a new supply contract under false pretenses before raising prices for aircraft parts by more than 300% have agreed to settle their dispute, according to a new notice filed in North Carolina federal court.
Expert Analysis
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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.
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Series
ESG Around The World: South Africa
While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What May Define Contract Disputes Act Jurisdiction In 2024
Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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The Year Ahead In Foreign Investment And National Security
In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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The Space Law And Policy Outlook For 2024
Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.