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Aerospace & Defense
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July 19, 2024
SolarWinds' Ruling 'No Comfort' For Cybersecurity Leaders
Although a federal district court has struck down significant portions of the U.S. Securities and Exchange Commission's data breach case against software developer SolarWinds Corp., attorneys say what remains of the lawsuit gives "no comfort" to chief information security officers hoping to avoid similar suits over statements about their company's cybersecurity practices.
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July 19, 2024
Axon Says FTC Has 'No Reason' To Wade Into Suit
Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.
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July 19, 2024
Taxation With Representation: A&O Shearman, Gibson Dunn
In this week's Taxation With Representation, Cleveland-Cliffs Inc. buys Stelco Holdings Inc., KBR acquires LinQuest Corp., Blue Owl Capital Inc. purchases Atalaya Capital Management LP, and Amphenol Corp. buys two mobile networks units from CommScope.
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July 19, 2024
Fed. Circ. Says Atty's Fee Appeal Too Early In Benefits Dispute
The Federal Circuit declined to reinstate an attorney's lawsuit seeking more than $38,000 in fees for his work representing a veteran in a benefits dispute with the U.S. Department of Veterans Affairs, saying it can't yet rule on whether the attorney was wrongly denied the money.
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July 19, 2024
NY Defense Co. Loar Buying Applied Avionics For $385M
Loar Holdings Inc., the White Plains, New York-based aerospace and defense parts maker that went public in April, said Friday that it has agreed to purchase Applied Avionics Inc. for $385 million in cash.
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July 18, 2024
Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest
The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.
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July 18, 2024
GAO Refuses To Disturb $3.8B Air Force Contract Award
The U.S. Government Accountability Office backed the Air Force's decision to award a $3.85 billion contract for support services at a Tennessee base, rejecting a challenge lodged by a competing contractor, a decision made public Thursday showed.
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July 18, 2024
More Novel Protests May Follow OTA Jurisdiction Ruling
A Court of Federal Claims decision asserting jurisdiction over certain disputes stemming from the U.S. government's authority to mimic commercial purchasing practices could open the door for more novel protests challenging the use of that authority.
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July 18, 2024
SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure
The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.
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July 18, 2024
Menendez Appeal Could Make Hay From Bribery Case Law
Sen. Robert Menendez's planned "aggressive" appeal will almost certainly include broadsides against his novel foreign-agent conviction and attempt to capitalize on the U.S. Supreme Court's proven appetite for bribery cases, experts say.
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July 18, 2024
BAE Gets Wage Claims Cut From Engineer's Retaliation Suit
A former engineer for BAE Systems adequately alleged that it understood he was raising concerns about his overtime pay when it chose to fire him, a Maryland federal magistrate judge ruled, keeping alive the ex-worker's retaliation claim while cutting his wage claims against the U.S. Navy contractor.
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July 18, 2024
Feds Say Loper Bright Not Relevant In IVF Policy Suit
The U.S. Department of Defense urged a New York federal court Thursday to throw out a nonprofit's lawsuit challenging its in vitro fertilization coverage policy for service members, countering the group's argument that the agency can't shake the suit because the U.S. Supreme Court upended Chevron deference.
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July 18, 2024
SolarWinds Beats Most Claims In SEC's Data Breach Suit
A New York federal judge on Thursday delivered a heavy blow to the U.S. Securities and Exchange Commission's case against software developer SolarWinds Corp. by dismissing substantial portions of the lawsuit, including claims that the company committed securities fraud by minimizing the severity of a state-sponsored attack on its flagship product.
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July 17, 2024
Defense Contractor CAE Faces Investor Suit Over Overruns
Defense contractor CAE was hit with a proposed shareholder class action alleging it misrepresented major incurred costs related to contracts the company entered into before the COVID-19 pandemic.
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July 17, 2024
Special Counsel To Appeal Ax Of Trump Classified Docs Case
Special Counsel Jack Smith told a Florida federal court Wednesday that he was challenging U.S. District Judge Aileen Cannon's order earlier this week tossing the classified documents criminal case against Donald Trump, according to a notice of appeal.
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July 17, 2024
Firm Can't Dodge Veteran's Class Claims Over Fees
A North Carolina federal judge has refused to throw out a proposed class action alleging that a consulting firm charged veterans millions in illegal fees, saying the suit needs more litigation before a dismissal is considered.
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July 17, 2024
Watchdog Says Army Didn't Properly Review Ukraine Invoices
A U.S. Department of Defense watchdog has criticized the U.S. Army for failing to properly oversee a task order supporting maintenance and repair of equipment for Ukraine, saying the Army allowed $20 million in contractor invoices to be paid without checking they were legitimate.
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July 17, 2024
Russian Gets 3 Years For Smuggling US Military Technology
A Russian national was sentenced to three years in prison Wednesday by a New York federal judge after admitting to scheming to smuggle U.S. microelectronics used in military settings.
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July 17, 2024
Judge Trims Sentence For Crypto Expert Who Aided N. Korea
A New York federal judge has cut seven months from the sentence of a computer expert convicted of furthering North Korean blockchain development in light of recently revised U.S. sentencing guidelines.
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July 17, 2024
6th Circ. Skeptical About Nixing Diver's Harassment Verdict
The Sixth Circuit appeared inclined Wednesday to uphold a $58,000 verdict awarded to a commercial diver who accused an environmental cleanup company of subjecting her to harassment and belittlement, with several judges expressing doubt about superseding the jury's conclusion.
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July 17, 2024
New Mexico Adds Superfund Claims To PFAS Suit Against US
New Mexico is expanding its lawsuit against the federal government over costs related to cleaning up forever chemicals near military sites by utilizing a new rule listing the substances as hazardous under the Superfund law.
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July 16, 2024
Feds Say Ex-CIA Analyst Secretly Worked For Korea
Federal prosecutors have accused a former Central Intelligence Agency analyst and prominent foreign policy expert of advocating for South Korea's policy positions and working with its spies in exchange for luxury goods, "high-priced dinners" and other gifts, according to an indictment unsealed Tuesday in New York federal court.
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July 16, 2024
Claims Court Can Decide Follow-On Other Transaction Deal
A Court of Federal Claims judge ruled that her court has jurisdiction to hear a dispute over a contract following on from a U.S. Army Other Transaction Authority agreement, but threw out the case anyway because the protester let a required federal registration lapse.
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July 16, 2024
Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law
Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.
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July 16, 2024
KBR Whistleblower Loses $1.1M Settlement Award At 5th Circ.
The Fifth Circuit on Tuesday reversed a KBR Inc. whistleblower's $1.1 million share of a False Claims Act settlement over alleged Iraq War contract kickbacks, agreeing with the federal government that the now-deceased whistleblower's estate deserved nothing since none of his claims were settled.
Expert Analysis
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FARA Enforcement May Soon Be In The Halls Of Higher Ed
Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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How The FAA Is Embracing Simplified Flight Controls
The Federal Aviation Administration's openness to approving simplified flight controls as part of its forthcoming refresh of regulations governing light-sport aircraft and sport pilot certificates is valuable and welcome — and the same approach can be brought to general aviation aircraft, says Paul Alp at Adams and Reese.
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Making The Pitch For A Civil Resolution In A Criminal Case
Even without the depth of visibility into prosecutorial decision making offered by special counsel Robert Hur’s recently released report, defense counsel may be able to make the case for civil resolutions of criminal investigations while minimizing a potential negative response from prosecutors to such an argument, says Bill Athanas at Bradley Arant.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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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.