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Aerospace & Defense
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June 26, 2024
Menendez Pals 'Generous,' Jeweler Says In Joke-Filled Testimony
A jeweler who helped Sen. Robert Menendez's wife sell gold bars that were supposedly bribes testified Wednesday the codefendants who gave Menendez the bars have always been generous, salting his testimony with so many droll comments that the New York federal judge — who initially bantered back — eventually gave a special instruction reinforcing that the trial is "very serious."
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June 26, 2024
VA Can't 'Short-Circuit' Racial Bias Suit With Appeal, Vet Says
The U.S. Department of Veterans Affairs should not be allowed to challenge a Connecticut federal judge's decision to let a Black Marine Corps veteran proceed with his systemic-discrimination suit against the department because it has not met the standards for lodging an interlocutory appeal, the plaintiffs have argued.
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June 26, 2024
Julian Assange Freed After Judge Accepts US Plea Deal
Julian Assange returned to his native Australia on Wednesday hours after a federal judge in the Northern Mariana Islands accepted his plea deal with the U.S. Department of Justice and sentenced him to time served for conspiring to disclose national security information.
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June 26, 2024
Italian Co. To Pay Feds $538K Over N. Korean Animation Job
Mondo TV has agreed to pay $538,000 to resolve allegations by the U.S. Department of the Treasury's Office of Foreign Assets Control that the Italy-based animation studio violated American sanctions regulations by paying an animation studio tied to the North Korean government through U.S. financial institutions, OFAC announced Wednesday.
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June 26, 2024
'Tragic History' Can't Rewrite Law In Burial Row, Army Says
The U.S. Army says the nation's "tragic history" of injustices done to children through the Indian Boarding School system does not give a federal district court license to rewrite a law aimed at protecting Indigenous burial sites, arguing that a Nebraska tribe's challenge over the repatriation of two children should be dismissed.
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June 26, 2024
SpaceX Beach Closure Challenge Is 'Illogical,' Texas Says
Texas is asking its high court to review a decision that forces several government entities to face an environmental group's challenge to the closure of a beach for SpaceX activities, writing that the appellate court's adoption of the group's theory of open beach access "clashes" with state law and court precedent.
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June 26, 2024
GAO Backs BAE Protest Over $12B Missile Support Deal
The U.S. Government Accountability Office has backed a BAE Systems unit's protest over a $12 billion contract to support the U.S. Air Force's nuclear missile office, saying the Air Force didn't properly assess whether awardee Guidehouse's labor plans were realistic.
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June 26, 2024
Judge Sides With Army Corps, Costco On Wetlands Permit
The U.S. Army Corps of Engineers did not violate the Clean Water Act when it issued a wetlands permit for the development of a new Costco store, a Washington federal judge said in ruling against residents who opposed the project.
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June 26, 2024
Russian Charged With Ukrainian Cyberattack Before Invasion
A Russian citizen was charged Wednesday in Maryland federal court with conducting cyberattacks against computer systems used by the government of Ukraine just before the nation was invaded by Russia's military, then targeting Ukrainian allies such as the United States.
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June 26, 2024
Fed. Circ. Denies Contractor's $37M Tax Reimbursement Bid
A U.S. State Department armed security contractor is not entitled to $37 million in reimbursement tied to tax payments to the Afghan government because the contractor's parent company, not the company itself, incurred the costs associated with the payments, the Federal Circuit said Wednesday.
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June 26, 2024
FCC Allows Foreign Stake In Montana Telecom After Review
The Federal Communications Commission is allowing a pair of foreign nationals to move forward with their acquisition of Montana telecommunications company iSmart and its multinational parent, saying the federal government concluded a national security review of the transfer and that iSmart's parent company, Truphone, satisfied requirements from a 2022 consent decree it entered with the FCC.
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June 26, 2024
Biden Pardons Veterans Convicted For LGBTQI+ Status
President Joe Biden on Wednesday pardoned thousands of LGBTQI+ military veterans who were convicted of crimes and forced out of the military across more than 60 years based solely on their sexual orientation or gender identity.
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June 25, 2024
Dems Seek 'Honest Evaluation' Of New ICBM Program
Thirteen Democrats, including the co-chairs of the Congressional Nuclear Weapons and Arms Control Working Group, are calling for an "honest evaluation" of the U.S. Air Force's new intercontinental ballistic missile program due to cost overruns.
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June 25, 2024
DOD Watchdog Says Calif. Bases Must Prep Climate Plans
The U.S. Department of Defense's Office of the Inspector General revealed in a report that the leaders of four California defense facilities have failed to incorporate mandatory climate-related environmental risks, infrastructure vulnerabilities and risk-reduction measures into their master plans.
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June 25, 2024
Rocket Co. Shareholders Sue For Info On Take-Private Deal
Two Astra Space Inc. shareholders sued the satellite launch company seeking records concerning a take-private deal that has valued company stock at a discount, voicing suspicions that the merger was approved to squeeze out minority shareholders.
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June 25, 2024
Trump Atty Argues Feds Lied To Get Mar-A-Lago Warrant
An attorney representing Donald Trump in his criminal case over retaining classified documents after leaving the White House urged a Florida federal judge Tuesday to toss evidence seized during the raid on Mar-a-Lago, arguing the government put false information on the warrant application to search the former president's estate.
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June 25, 2024
GAO Won't Hear Protest Over Canceled DOD Sole-Source Deal
The U.S. Government Accountability Office has rejected a protest over the Defense Health Agency canceling a company's contract to instead seek competitive bids, saying the company ultimately sought the award of a sole-source deal, a position the watchdog won't support.
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June 25, 2024
Assange Plea Deal Vindicates 'Fight To The End' Strategy
Julian Assange's plea deal with U.S. authorities has validated his legal team's decision to throw the kitchen sink opposing extradition, a strategy that may have cooled prosecutors' appetite for seeing the Wikileaks founder spend more time behind bars, lawyers say.
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June 24, 2024
Julian Assange To Plead Guilty To US Charge, Feds Say
Julian Assange will plead guilty to a single count of conspiring to disclose national security information, the U.S. Department of Justice told a federal court in the Northern Mariana Islands on Monday, likely ending the WikiLeaks founder's long-running battle to avoid a U.S. prison sentence.
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June 24, 2024
Menendez Was 'Weird' While Planning Egypt Trip, Jury Hears
A New York federal jury weighing charges that U.S. Sen. Robert Menendez took bribes for official acts related to Egypt heard Monday from a congressional staffer that the senator acted "weird" while planning an official trip there and was "making up lies."
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June 24, 2024
Justices Undo Terror Victims' Win, Citing Twitter Decision
The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.
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June 24, 2024
DC Circ. Backs Gov't Contractor Win In Fight With Ex-Worker
The D.C. Circuit has backed a ruling that a former senior technical manager for government contractor Apprio Inc. breached a proprietary information agreement giving the rights of certain software he created over to the company.
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June 24, 2024
Defense Contractor Gresham Inks $83M SPAC Merger
Defense contractor Gresham Worldwide Inc. and special-purpose acquisition company Ault Disruptive Technologies Corp. agreed Monday to merge in a deal that values Gresham at $83 million and enlarges the company's profile, steered by two law firms.
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June 24, 2024
Trump Mar-A-Lago Case Is Unlawfully Funded, Fla. Judge Told
An attorney defending Donald Trump against the federal government's accusation that he illegally retained classified documents at Mar-a-Lago after leaving the White House in 2021 told a Florida judge Monday the criminal indictment should be dismissed against the former president, saying that the case isn't lawfully funded.
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June 24, 2024
Justices Will Hear Reservist's Case Over Denied Top-Up Pay
The U.S. Supreme Court on Monday said it will hear a federal employee's case over whether he was owed differential pay after being called to active duty in his role as a military reservist, but not directly into a contingency operation.
Expert Analysis
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Inside New Classified Contract Guidance For Joint Ventures
A recent Information Security Oversight Office notice clarifies the interplay between small business joint-venture rules and eligibility determinations for U.S. Department of Defense classified contracts, but it's still unclear how this should be interpreted for non-DOD procurements, says Todd Overman at Bass Berry.
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DOJ Officials' Remarks Signal New Trends In FARA Activity
Three U.S. Justice Department officials' remarks at a recent forum reinforce the department's renewed focus on aggressively enforcing the Foreign Agents Registration Act, which has been transformed into a significant national security and criminal enforcement tool, and its efforts to tightly regulate the activities of foreign agents in the U.S., say attorneys at Covington.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Inside DOD's Final Commercial Products And Services Rule
The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness
In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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What New DHS Cybersecurity Policy Means For Bid Protests
The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.