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Aerospace & Defense
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November 01, 2024
DOJ, Navarro Spar Over White House Emails Turnover
The legal team representing former Trump administration adviser Peter Navarro argued in D.C. federal court Friday that some 300 emails from Navarro's time at the White House are purely personal and should stay out of the hands of the National Archives.
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November 01, 2024
Army Allies Slam Bid To Trim Visa Case For Pending Plan
Afghan and Iraqi military translators slammed U.S. immigration officials' efforts to trim their lawsuit challenging delays with their visa applications, telling a D.C. federal court that the Biden administration's plan to streamline visa processing is not yet final.
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November 01, 2024
GAO Sides With Navy Analysis Of Construction Deal Winners
The U.S. Government Accountability Office rejected three companies' protests that the Navy should've chosen them for a construction deal, finding that the Navy was not obligated to assess the price feasibility of the winning competitors.
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November 01, 2024
Treasury Expands Foreign Land Transaction Authority
The U.S. Department of the Treasury announced Friday that it has added 59 new military installations to the list of those over which it has jurisdiction to review any nearby real estate transactions involving foreign citizens.
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November 01, 2024
US Must Revamp Spectrum Policy To Compete, Org. Says
The U.S. is on the verge of a "great strategic blunder" by allowing its spectrum auction authority to lapse and setting aside too much spectrum for short-range unlicensed wireless use, risking the loss of its competitive edge to China, a think tank says.
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November 01, 2024
Military Escapes Bias Claims Targeting IVF Coverage Policy
A New York federal judge tossed the crux of a feminist nonprofit group's suit claiming the U.S. Department of Defense's in vitro fertilization policy disadvantages women by limiting coverage to service members who can't get pregnant because of an on-the-job injury, finding the policy applies equally across genders.
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October 31, 2024
A Boeing Space Exit, $3B Hot Dogs And More Deal Rumors
Like the two astronauts currently stranded on the International Space Station, Boeing is reportedly looking to get out of space — by exiting its NASA business. In earthly news, foreign meat companies are reportedly eyeing popular hot dog brand Oscar Mayer at a price tag that could approach an arguably gluttonous $3 billion, and Blackstone could shell out five big ones — $5 billion, that is — for a cellphone infrastructure business. Here, Law360 breaks down these and other deal rumors from the past week.
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October 31, 2024
What DOJ's New National Security Obsession Means For Attys
The Justice Department’s emerging criminal crackdown on corporate national security violations is putting increased pressure on white collar lawyers to be conversant, if not experts, on opaque, complex and swiftly evolving regulations.
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October 31, 2024
Defense Contractor, Ex-Exec Hit With Bribery Charges
Defense contractor Cask Technologies LLC and its former executive vice president have been charged in California federal court with bribing a former civilian official of the U.S. Navy in exchange for government contracts.
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October 31, 2024
Ga. Private Pilot Sues Engine Co. After Golf Course Landing
A Georgia man has sued a division of Avco Corp. alleging that the engine had failed in a small plane that he had rented, forcing him to crash-land on a golf course in Illinois, injuring him and his family.
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October 31, 2024
GAO Upholds NASA's $98M Aircraft Engineering Support Deal
The U.S. Government Accountability Office has rejected a challenge from a Virginia engineering firm to a $98 million contract awarded to a rival company by NASA, disagreeing that the space agency had assessed bids improperly.
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October 31, 2024
Ex-Prez Who Stole Secrets Must Be Stopped, Company Says
A Colorado company that makes environmental control technology for aircraft is asking a federal judge to enjoin its former president and other ex-employees from developing a competing product, arguing that it has already lost at least one customer worth "several million dollars" to the alleged trade secret theft.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
Retrial Begins In Abu Ghraib Torture Case Against Contractor
A Virginia-based defense contractor returned to a federal court in Alexandria on Wednesday to face claims that it aided and abetted torture at Iraq's Abu Ghraib military prison after a trial on the same allegations ended in a hung jury earlier this year.
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October 30, 2024
Army Corps Says Biz Inflated Costs Of Nixed Clean-Up Deal
The Army Corps of Engineers pressed the federal claims court to ditch most of a disaster recovery contractor's $4.9 million contract termination claim, saying the contractor inflated the termination's costs by seeking payment for services that were already paid for.
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October 30, 2024
4th Circ. Affirms Soldier's Loss Against Fluor Over Bombing
A split Fourth Circuit panel on Wednesday affirmed the dismissal of a soldier's lawsuit against Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan, holding the suit's state tort claims are preempted by a "combatant activities" exception in federal law.
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October 30, 2024
FCC To Consider Undersea Cable Security Review In Nov.
The Federal Communications Commission next month is expected to embark on a review of security measures for undersea cables, an issue of growing concern over the last year.
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October 30, 2024
Southwest Seeks To Dismantle Military Leave Class
Southwest Airlines urged a California federal judge to disassemble a nearly 3,000-member class of workers who say the company violated federal law by failing to pay them for short stints of military leave, saying new evidence shows there are too many individualized issues to warrant class treatment.
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October 30, 2024
Gov't Contracts Of The Month: Uranium And Missile Detection
Over the past month, the Biden administration advanced plans to secure the nuclear energy supply chain with $3.5 billion worth of uranium enrichment contracts and added $1.8 billion to its next-generation missile detection program. Here are Law360's most note-worthy government contracts for October 2024.
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October 30, 2024
Gulfstream Arbitration Notice To Worker Adequate, Court Says
Jet manufacturer Gulfstream Aerospace's use of a hyperlink to the terms of its arbitration requirement for employee disputes was adequate notice to a worker who later tried to sue, an intermediate Massachusetts appellate court said Wednesday.
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October 29, 2024
DOJ Will Restrict Data Swapping With 'Countries Of Concern'
The U.S. Department of Justice has proposed new rules that will make it the regulator of any type of transaction that would put certain kinds of sensitive privacy data in the hands of any "covered persons" or "country of concern."
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October 29, 2024
'Breathtaking' Pentagon Leak Merits 16 Years, Feds Say
Prosecutors urged a federal judge on Tuesday to sentence a former Massachusetts Air National Guardsman to more than 16 years in prison for posting top secret military documents to the social media platform Discord, calling the crimes a historic and "breathtaking" betrayal of national security.
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October 29, 2024
Bell Owes $16M In Trade Secrets Row With Vendor, Jury Finds
A Texas jury on Tuesday largely found in favor of Bell Helicopter Textron Inc. in a suit claiming that it used a former vendor's trade secrets to prep a replacement supplier, concluding that Bell breached its contract with the vendor but that the Fort Worth, Texas-based aerospace manufacturer hadn't stolen intellectual property.
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October 29, 2024
US Finalizes Investment Ban On Chinese Emerging Tech
The Biden administration finalized plans to ban U.S. investors from funding emerging Chinese technology, saying the restrictions are necessary to prevent Beijing from advancing technologies critical to its military modernization campaign.
Expert Analysis
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Bid Protest Spotlight: Debriefings, Timeliness, Documentation
James Tucker at MoFo examines three recent decisions from the Federal Circuit, the U.S. Government Accountability Office and the U.S. Court of Federal Claims concerning an agency's decision not to hold post-award discussions, a timeliness trap in certain Federal Supply Schedule procurements and the importance of providing contemporaneous documentation in price-evaluation protests.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.