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Aerospace & Defense
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August 08, 2024
Delta's Boies Attys Slam CrowdStrike's 'Blame The Victim' Ploy
Delta Air Lines' attorneys at Boies Schiller Flexner LLP on Thursday blasted CrowdStrike's "blame the victim" defense over last month's catastrophic global IT outage, and pledged to haul both the cybersecurity firm and Microsoft to court to recoup what Delta estimates to be over $500 million in revenue losses.
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August 08, 2024
FCC Takes Closer Look At Geolocation Plan For 900 MHz
The Federal Communications Commission asked the public to weigh in on a geolocation company's bid for more airwaves in the lower 900-megahertz spectrum band for technologies to back up GPS.
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August 08, 2024
VC, PE Firm Says Chinese Co. Cost $150M SpaceX Investment
A California-based venture capital and private equity firm has sued a Chinese company in California federal court, claiming Elon Musk's SpaceX rejected its planned $150 million investment after the Chinese company breached its promise to abide by strict confidentiality requirements and instead publicized its involvement in the planned investment.
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August 08, 2024
Rolls-Royce Removes 'Interim' From Unit GC's Title
The new general counsel for the North American arm of United Kingdom-based defense aerospace company Rolls-Royce is a familiar face at the company, having most recently held the top lawyer position on an interim basis following the departure of the previous general counsel earlier this year.
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August 07, 2024
DOD Contractor Wants No Prison For Parts Sales From Turkey
A Florida defense contractor who admitted to using a front company to supply critical military components that were made in Turkey asked Tuesday for a non-prison sentence, arguing that her participation in the scheme to defraud the U.S. Department of Defense was driven by financial desperation and a misplaced trust in those who ran the operation.
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August 07, 2024
Insurer Wants Bad Faith Claim Tossed In Russian Planes Suit
HDI Global and underwriters of insurance policies on airplanes stranded in Russia have asked a Florida court to toss a bad faith claim by aircraft leasing company Avmax, arguing that bad faith only applies to coverage denials without a reasonable basis and that in this case there has been no denial, and it is "fairly debatable" whether coverage applies.
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August 07, 2024
6th Circ. Backs 20 Years For Chinese Spy Who Targeted GE
The Sixth Circuit upheld a 20-year prison sentence for a Chinese spy convicted of espionage for trying to steal trade secrets from General Electric's GE Aviation unit, noting in an opinion unsealed Wednesday the punishment was reasonable as he continuously pursued the confidential information using sophisticated tradecraft processes for several years.
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August 07, 2024
NTSB Hearing Probes FAA Review, Boeing Quality Control
The Federal Aviation Administration maintained that it is appropriately overseeing Boeing even after years of audits revealed multiple instances of unauthorized work on the aircraft builder's production line, as the National Transportation Safety Board on Wednesday scrutinized company safety and quality control programs during an investigation of the 737 Max 9 jet door plug blowout.
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August 07, 2024
SpaceX Can't Stop Transfer Of NLRB Constitutionality Suit
SpaceX can't stop its challenge to the constitutionality of the National Labor Relations Board's structure from landing in California, a Texas federal judge ruled, saying the company appealed to the Fifth Circuit months after the transfer order.
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August 07, 2024
Parts Co. Fights Bid To Pause Pratt & Whitney Antitrust Suit
A parts supplier accusing RTX Corp. subsidiary Pratt & Whitney of using illegal agreements to monopolize the aftermarket supply of their turboprop engine components asked a Pennsylvania federal court to keep discovery moving while considering the possible dismissal of the $450 million lawsuit.
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August 07, 2024
Japanese Space Co. Slips Ex-Exec's $8M Stock Suit
A Colorado federal judge threw out a lawsuit Wednesday that a former executive lodged against a Japanese space and robotics company accusing it of withholding from him stock options worth about $8 million, saying the dispute belongs in Japan.
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August 07, 2024
GAO Says Protest Over $865M Air Force Deal Premature
The U.S. Government Accountability Office has tossed General Dynamics Information Technology Inc.'s protest over the U.S. Air Force's proposed corrective action on an $865 million communications contract, saying GDIT's allegations were largely premature, anticipating actions the agency has yet to take.
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August 07, 2024
7th Circ. Keeps 3M PFAS Pollution Suit In State Court
The Seventh Circuit on Wednesday rejected 3M's bid to send back to federal court a lawsuit brought by the state of Illinois alleging that the company polluted local waters with toxic "forever chemicals," saying a federal government contractor defense would be "wholly irrelevant" to the state's case.
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August 07, 2024
Air Force Says Sanctions Bid In Contract Dispute Unwarranted
The U.S. Air Force has hit back at a contractor's bid for sanctions over alleged late document production and document destruction in a contract dispute, saying the motion was unexpectedly sprung on it while the parties were negotiating discovery issues.
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August 07, 2024
Quinn, Jenner Attys Tapped For Trump Shooting Inquiry
The Republican staff on the newly formed bipartisan task force to investigate the assassination attempt of former President Donald Trump includes Capitol Hill and legal veterans, among them attorneys from Quinn Emanuel Urquhart & Sullivan LLP and Jenner & Block LLP.
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August 07, 2024
11th Circ. Says Drivers Can Use Contracting Law For OT Math
Three drivers for a company that provides medical transportation to veterans can base their calculation of overtime they're owed on a Service Contract Act prevailing rate that's higher than the wages they were paid, the Eleventh Circuit has ruled, partially flipping a lower court's ruling.
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August 06, 2024
From Vets To Labor: The Policies VP Pick Walz Has Backed
Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.
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August 06, 2024
Pakistani Man Plotted To Kill US Officials, Feds Say
A Pakistani man with ties to Iran is in custody Tuesday as the U.S. Department of Justice says it foiled his plans to assassinate U.S. government officials, which one Republican House member said included former President Donald Trump.
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August 06, 2024
NTSB Door Plug Hearing Spotlights Boeing Production Gaps
Boeing still hasn't pinpointed who removed and reinstalled the door plug that subsequently blew off a 737 Max 9 jet operated by Alaska Airlines in January, as the National Transportation Safety Board on Tuesday examined what employees described as disjointed protocols and high-pressure production lines.
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August 06, 2024
DC Circ. Says CIA Can No-Admit, No-Deny Gitmo Docs
The D.C. Circuit ruled Tuesday that the CIA could refuse to confirm the existence of documents related to its control of detainees at Guantánamo Bay, rejecting a military lawyer's arguments that those records were already public knowledge.
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August 06, 2024
NYC Prof Found Guilty Of Acting As A Secret Chinese Spy
A Brooklyn federal jury on Tuesday unanimously convicted an academic and author of secretly acting as an agent of the Chinese government by feeding information about Chinese dissidents and pro-democracy activists to China's intel service, following a weeklong jury trial, according to the U.S. Attorney's Office for the Eastern District of New York.
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August 06, 2024
Cable Biz Likely To Oppose Cybersecurity Reporting Rules
Cable providers bristled at federal agencies' plans to impose new requirements aimed at beefing up network security, arguing that rules for reporting cyberattacks within certain time frames and sharing detailed security plans would be overly burdensome.
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August 06, 2024
Military Part Supplier Says Competitors Stole Equipment, Info
A machining manufacturer that supplies parts for military aircraft said in a complaint filed in Michigan federal court on Monday that some of its former workers used their access to steal confidential information and equipment to start competing businesses.
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August 06, 2024
Amazon Seeks Early Exit From Military Service Bias Suit
Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."
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August 06, 2024
Defense Contractor Wants Maynard Nexsen DQed In Bias Case
Defense contractor Parsons Corp. urged an Alabama federal judge to disqualify Maynard Nexsen PC from representing a former engineer in his unlawful termination case against the company, saying the firm was also representing Parsons when he filed his case.
Expert Analysis
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Proposed Semiconductor Buy Ban May Rattle Supply Chains
The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Can Chatbot Interactions Lead To Enforceable Contracts?
The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.
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Contract Disputes Recap: Saying What Needs To Be Said
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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3 Employer Lessons From NLRB's Complaint Against SpaceX
Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.
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Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Bid Protest Spotlight: Unwitting Disclosure, Agency Deference
Roke Iko at MoFo examines two U.S. Court of Federal Claims decisions highlighting factors to consider before filing a protest alleging Procurement Integrity Act violations, and a decision from the U.S. Government Accountability Office about the capacity of an agency to interpret its own solicitation terms.
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.