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Aerospace & Defense
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June 18, 2024
Gov't Says New Guidelines Can't Cut Crypto Expert's Sentence
Federal prosecutors have told a Manhattan federal judge that the crypto computing expert who received five years for aiding North Korea's blockchain development shouldn't get to cut a year off his sentence just because sentencing guidelines have been updated while he's served his term.
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June 18, 2024
FTC Bristles At Axon's Citing Of Dropped Merger Case
The Federal Trade Commission wanted to ensure a New Jersey federal judge knew the abandonment of a case contesting Axon's purchase of a fellow police body camera company had nothing to do with the merits of the challenge, in a Monday amicus brief partially backing a proposed class action.
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June 18, 2024
CACI Can't Claim Costs For Bid To Dismiss $74.4M Navy Deal
A Virginia company can't recoup costs incurred while protesting a competitor's $74.4 million naval contract award after the U.S. Government Accountability Office found that the objections to the award, some of which were dismissed, didn't clearly have merit.
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June 18, 2024
GAO Rejects Claim CBP Rigged Migrant Facility Contract Bids
The U.S. Government Accountability Office on Monday denied a vendor's protest challenging the U.S. Customs and Border Protection's solicitation seeking vendors to provide an immigrant detention facility in North Eagle Pass, Texas, rejecting the protester's allegations that the solicitation process was rigged to unfairly favor an incumbent contractor.
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June 17, 2024
Startup Wants To Add More Than $200M To Boeing IP Verdict
Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.
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June 17, 2024
SEC Alleges Texas Man Offered Virgin Sham $200M 'Lifeline'
Securities regulators sued a venture capitalist and his investment firm in Texas federal court Monday, accusing the firm of making a bogus offer to invest $200 million into Virgin Orbit last year despite having less than $1 in its bank account and causing stock prices to swell before plummeting when the deal collapsed.
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June 17, 2024
Amentum Rebuffs Air Force's $350K Damages For Staffing Fight
Amentum Services Inc. challenged the U.S. Air Force's efforts to claim $350,000 in damages over a staffing issue for a weapons maintenance deal, telling the U.S. Court of Federal Claims that the contract bars the damages claim.
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June 17, 2024
Boeing, Virgin Can't Agree To Injunction's Scope In IP Row
Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.
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June 17, 2024
Repeat Violations Land Ore. Forwarder Export Denial Order
An Oregon-based package forwarder has lost export privileges just days before clearing a three-year probationary period for alleged unlicensed rifle scope exports, after an audit revealed 176 new violations, the U.S. Department of Commerce announced Monday.
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June 17, 2024
L3Harris Rips Moog's Counterclaims In $78M Contract Suit
L3Harris Technologies Inc. urged a Florida federal court Friday to throw out breach of contract counterclaims from fellow defense contractor Moog Inc., which it has accused of failing to timely deliver critical satellite parts under several subcontracts worth $77.9 million.
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June 17, 2024
Justices Reject Dispute Over $3.1B South Korean Military Deal
The U.S. Supreme Court declined Monday to consider the scope of commercial activities in a case brought by a brokerage firm fighting the loss of a $3.1 billion South Korean military satellite deal.
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June 14, 2024
Fla. Court Says Navy Vet Can Sue CNN For Punitive Damages
A Florida state appellate court has ruled that a Navy veteran turned private contractor can include punitive damages in his defamation lawsuit against CNN, saying he made a "sufficient preliminary evidentiary showing" of malice over the network's reporting on evacuating citizens of Afghanistan in 2021.
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June 14, 2024
FCC Settles Probe Into Data Breach At Liberty Latin America
Liberty Latin America has been slapped with a $100,000 fine for failing to tell the Federal Communications Commission about a data breach that exposed data before the telecom took control of the company.
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June 14, 2024
G7 Takes Aim At China Trade For Prolonging Ukraine War
The Group of Seven leaders' statement Friday promised additional measures on top of sanctions announced by the U.S. and partner countries this week should Beijing continue selling sensitive technology to Russia.
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June 14, 2024
Judge Grants New Trial In Abu Ghraib Torture Liability Case
A Virginia federal judge on Friday granted a new trial to victims of torture at the Abu Ghraib military prison in Iraq who have accused a CACI International unit of aiding and abetting their ordeal, after a jury deadlocked in the case.
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June 14, 2024
'Bless Your Heart': The Art Of Taming A Chatty Witness
When a former U.S. Department of Agriculture official took the stand as a prosecution witness in the federal corruption trial of Sen. Robert Menendez, he took great pains to be clear and complete in his answers — so much so that prosecutors, defense attorneys and the judge repeatedly asked him to talk less.
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June 14, 2024
9th Circ. Balks At Gas Buyers' Price-Fix Fight Over Trump Pact
A Ninth Circuit panel appeared skeptical Friday of efforts to revive a proposed antitrust class action alleging that Chevron, Exxon Mobil and others fixed gasoline prices following the Trump administration's 2020 oil production deal with Russia and Saudi Arabia, with each judge doubting that federal courts have jurisdiction over the dispute.
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June 14, 2024
DOJ Can't Force Retroactive FARA Registration, DC Circ. Says
The U.S. Department of Justice can't force casino magnate Steve Wynn to retroactively register as a foreign agent because his alleged lobbying efforts on behalf of China ended years ago, a D.C. Circuit panel ruled Friday.
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June 14, 2024
Lockheed Worker Fired For Romantic Emails Claims Age Bias
Lockheed Martin used romantic messages that a longtime engineer sent to a "high school sweetheart" over his company email as an excuse to get rid of him because he was 70 years old, the former worker told a California state court.
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June 14, 2024
House Passes $884B Defense Bill For 2025
The U.S. House of Representatives on Friday passed an $883.7 billion defense policy and budget bill in a mostly party-line vote after adopting several contentious amendments related to climate change, abortion and diversity programs.
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June 13, 2024
Menendez Trial Delayed After Co-Defendant Gets COVID
The bribery trial against U.S. Sen. Bob Menendez and associates has been halted for at least two days because co-defendant Fred Daibes has COVID-19, a judge said Thursday afternoon.
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June 13, 2024
Co. Says 'Lawyerly Technicalities' Won't Undo $45B DOE Deal
A joint venture awarded a $45 billion nuclear waste management contract by the U.S. Department of Energy accused a rival joint venture of relying on "lawyerly technicalities" to upend an award it said was ultimately determined by who could perform the work best.
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June 13, 2024
Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told
A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.
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June 13, 2024
GOP Lawmakers Want China Patent Data Amid Tech Pact Talks
Republican lawmakers are urging the U.S. Commerce Department to provide a full accounting of whether the U.S. government has funded research that resulted in Chinese patents, arguing they need the data to assess potential national security risks as the Biden administration negotiates a new science and technology agreement with China.
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June 13, 2024
Turkish Jet Co. To Pay $285K For Russia Charter Flights
A Turkish aviation company will pay the U.S. Department of Commerce $285,000 to resolve export violations stemming from two private charter flights the company made to Russia in a U.S.-made Gulfstream plane, the agency announced Thursday.
Expert Analysis
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Contracts Disputes Recap: Be Mindful Of Termination Clauses
Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Best Practices For Defense Tech Startup Financing
Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.