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Aerospace & Defense
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August 19, 2024
Military Reservist Tells High Court Top-Up Pay Law Is Broad
A federal employee who was denied top-up pay while on active duty as a military reservist urged the U.S. Supreme Court on Monday to rule that all federally employed reservists are owed differential pay if serving during a national emergency, regardless of the circumstances.
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August 19, 2024
DOJ Says No Arthrex Problem In SpaceX Hiring Bias Probe
The U.S. Department of Justice is urging a Texas federal judge to side with the administrative law judge overseeing the immigration bias investigation against SpaceX, saying the company is using its constitutional attack against the framework of the proceeding as a distraction.
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August 19, 2024
Arden Trust Co. Sued In Del. Over Bikini Atoll Fund Depletion
Representatives of Pacific Islanders displaced by early nuclear testing on Bikini Atoll sued Arden Trust Co. in Delaware's Court of Chancery on Monday, accusing the company of mismanaging and quickly dissipating tens of millions of dollars in congressionally authorized aid funds after years of careful management.
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August 19, 2024
Deutsche Bank Moved Money For ISIS, Victims' Families Say
Families of two journalists and an aid worker captured and killed by the Islamic State sued Deutsche Bank AG in New York federal court for allegedly facilitating the financing of the terrorist group, a case that comes on the 10th anniversary of the death of journalist James Foley.
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August 19, 2024
USAF, Airmen Debate Mootness Of Vax Mandate Challenge
In a pair of dueling briefs, both the U.S. Air Force and a cadre of its airmen are sparring over whether the military's revocation of its COVID-19 vaccine mandate for service members spells the end for the airmen's suit challenging the mandate on religious freedom grounds.
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August 19, 2024
FCC Partly Grants Globalstar Bid For 26 New Satellites
The Federal Communications Commission has partly granted Globalstar's application for more than two dozen new satellites, allowing 17 to launch for now but deferring action on the rest until a debris reduction plan is approved.
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August 19, 2024
AT&T, CACI And Others Win $12.5B Air Force Network Deal
The U.S. Air Force has awarded a $12.5 billion network modernization contract to AT&T, CACI, General Dynamics, Leidos and others, according to an announcement.
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August 19, 2024
Gov't, Contractor Urge Against Sanctions Over Doc Dispute
Both the federal government and a contractor have urged a Court of Federal Claims judge not to sanction the government for the mislabeling of documents in a dispute over a U.S. Air Force construction deal, after the government argued its mistakes were inadvertent.
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August 19, 2024
9th Circ. Sends Northrop Pension Disclosure Row To Trial
The Ninth Circuit revived a class claim Monday from a group of Northrop Grumman retirees who said they were kept in the dark about how much they would get in pension benefits, ruling their allegations that the defense contractor shirked its disclosure duties were filed on time.
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August 16, 2024
Army Corps Says Co. Didn't Properly Present $29M Claim
The U.S. Army Corps of Engineers has urged a Court of Federal Claims judge to cut monetary claims from a Saudi Arabian construction firm's $28.8 million suit over a contract termination, saying the contractor hadn't filed a formal claim before suing.
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August 16, 2024
Chinese Router Maker Must Be Looked Into, Reps. Say
A House committee that weighs potential dangers posed by the Chinese Communist Party is raising the alarm about the routers sold by a Chinese-owned company, saying the panel believes the devices could pose a risk to national security.
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August 16, 2024
State Dept. Issues Interim Australia, UK Export Waiver Rule
The U.S. Department of State issued an interim rule Friday easing export restrictions for Australia and the United Kingdom to facilitate the trilateral AUKUS agreement, after determining the allied countries' export controls were comparable to those of the U.S.
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August 16, 2024
Seaplane Crash Victims' Family Drops Product Liability Claims
The family of two people who died in a seaplane crash that killed 10 near Seattle have agreed to dismiss claims against airplane manufacturer De Havilland Aircraft of Canada Ltd. and its parent company, according to a stipulated dismissal order filed in Washington state.
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August 16, 2024
No More Info For Camp Lejeune Plaintiffs, Gov't Says
The federal government has told a North Carolina court that a motion by the Camp Lejeune litigants to compel more information should be denied, since it has already produced nearly 23 million pages that cover half a dozen federal agencies and decades of data.
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August 16, 2024
PE Firm's SpaceX Suit Belongs In Delaware, HK Co. Says
A Hong Kong company that sued a California-based private equity firm for refusing to invest the company's $50 million into SpaceX says the firm has now sued the company's Chinese parent in California, creating "duplicative proceedings" that ought to be brought in Delaware's Chancery Court.
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August 16, 2024
Connecticut Litigation Highlights Of 2024: A Midyear Report
Several high-stakes Connecticut cases came to a close in the first half of 2024, resulting in the resolution of Frontier Communications' $21.8 million feud with its ex-CEO and a $26.5 million deal for RTX Corp. subcontractors and employees who alleged that anticompetitive no-poach agreements prevented them from advancing their careers.
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August 15, 2024
Treasury's Sanctions Unit Slaps Penalties On Houthi Network
An office of the U.S. Treasury said it has sanctioned a group of companies, people and vessels for shipping Iranian commodities to Yemen and the United Arab Emirates on behalf of their network led by an Iran-based financier viewed as a leading enabler of Yemen's Houthi rebels.
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August 15, 2024
Audacy Sale To Soros Won't Be Rubber-Stamped, Cruz Says
The Federal Communications Commission will hold a full commission vote on whether to transfer the licenses tied to Soros Fund Management's acquisition of an ownership interest in radio station owner Audacy Inc. after it emerges from bankruptcy, according to Sen. Ted Cruz, R-Texas.
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August 15, 2024
Trump's $100M Tort Claim Against DOJ Faces Uphill Climb
Experts say Donald Trump's $100 million claim against the federal government for the search of his Mar-a-Lago estate and the prosecution of the allegedly illegal retention of classified documents there will be an uphill climb for the former president because of the limited application of the Federal Tort Claims Act.
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August 15, 2024
Widows Of Plane Crash Victims Claim Part Maker Is To Blame
The spouses of twin brothers who died when their two-seat plane crashed are suing aircraft parts manufacturer Marvel-Schebler, claiming a defect in the company's carburetor caused the crash.
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August 15, 2024
Army 'Shortcomings' Won't Sink $60 Million Support Deal
A Court of Federal Claims judge has rejected a protest over a $60.3 million U.S. Army program support deal, ruling that although the Army had "shortcomings" in how it assessed proposals, those issues didn't make the overall analysis unreasonable.
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August 15, 2024
4th Circ. Won't Revive Interpreters' Unpaid Wages Suit
The Fourth Circuit declined Thursday to reinstate a lawsuit two Nepalese-English interpreters brought against a government contractor accusing it of failing to pay them overtime wages, saying the Maryland laws they sued under don't apply to their case because they worked in Afghanistan.
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August 15, 2024
Semiconductor Co. Challenges 'Chinese Military' Designation
The U.S. Department of Defense is again catching heat for designating a company as being affiliated with the Chinese armed forces, this time from a semiconductor manufacturing equipment maker that accused the agency of disregarding "incontrovertible evidence" that it is not a Chinese military company.
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August 15, 2024
NC Small Biz Challenges VA Bid Process For Prostate Drug
A service-disabled veteran-owned small business in North Carolina is challenging the U.S. Department of Veterans Affairs' bid process for prostate medication, saying the terms unfairly favor foreign manufacturers despite purporting to prioritize American-made products.
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August 15, 2024
DLA Piper Adds SpaceX Exec In DC
The former satellite policy, spectrum and regulatory affairs manager for SpaceX, an aerospace and astronautics manufacturer owned by Elon Musk, has moved to private practice with DLA Piper LLP's telecommunications practice, the firm announced Wednesday.
Expert Analysis
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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Expect CFPB To Enforce Warning Against 'Coercive' Fine Print
The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Series
After Chevron: Good News For Gov't Contractors In Litigation
The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Opinion
Trump Immunity Ruling Upends Our Constitutional Scheme
The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.