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Aerospace & Defense
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February 14, 2025
DOJ Takes Military Bias Dispute With Nev. To 9th Circ.
The U.S. Department of Justice said it will appeal to the Ninth Circuit after a federal judge tossed its suit accusing the state of Nevada and its public employees retirement system of overcharging service members for pension credits.
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February 13, 2025
House Dems Push Against GOP's Proposed Tax Cuts
House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.
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February 13, 2025
DeepSeek's Rapid Rise Adds Fuel To AI Policy Push
Chinese startup DeepSeek has made waves globally with an artificial intelligence chatbot app that it claims to have made more efficiently than its competitors, but experts say its quick ascent is likely to accelerate efforts to broadly regulate data privacy and national security risks presented by the emerging technology.
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February 13, 2025
Claims Court Won't Block $182M Army Corps Deal
A Court of Federal Claims judge rejected a contractor's attempt to block a $181.5 million Army Corps of Engineers construction contract, saying the company provided little evidence to back its claim the agency erred in choosing a more expensive proposal.
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February 13, 2025
DOD Says Injunction Isn't Needed In Transgender Ban Suit
The U.S. Department of Defense has urged a D.C. federal judge to deny a preliminary injunction in a challenge to an executive order effectively barring transgender troops from serving in the military, saying the motion is premature and unlikely to succeed.
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February 13, 2025
Protestor Says Late Filing Must DQ €978M Contract Winner
A Virginia company has asked a federal judge to scrap a €978.6 million ($1.02 billion) contract the U.S. Army awarded for security for government installations and personnel in Germany, arguing the Army ignored a "late is late" rule to steer the deal back to the incumbent.
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February 13, 2025
US Will Weigh In As Justices Consider $1.3B India Award Suit
The Trump administration is going to get argument time in front of the justices when the corporate arm of India's space agency faces off against a satellite telecom over the enforcement of a $1.3 billion arbitration award at the nation's highest court.
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February 13, 2025
Boeing, DOJ Want More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. told a Texas federal judge on Thursday that they need another month to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, saying new senior DOJ officials are still being briefed on a potential new deal.
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February 13, 2025
9th Circ. Revives Air Force Guam Munitions Disposal Dispute
The Ninth Circuit on Thursday revived a Guam community group's challenge to the U.S. Air Force's request for a renewed permit to explode expired munitions on the island, finding that the Air Force did not conduct a required environmental review.
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February 13, 2025
Menendez Files Notice Of Appeal Of Corruption Convictions
Former U.S. Sen. Robert Menendez filed a notice of appeal Thursday at the Second Circuit, formalizing his earlier pledge to challenge his convictions on bribery and corruption charges.
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February 13, 2025
Amazon Worker's $1.6M Fee Bid Slashed In Military Bias Suit
A Washington federal judge awarded an Amazon worker a fraction of the $1.6 million in attorney fees he requested in his recently settled suit claiming the company blocked him from promotions due to his military service, finding the outcome of the case didn't warrant an amount that high.
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February 13, 2025
Willkie-Led Defense Firm Karman Prices Upsized $506M IPO
Shares of Karman Holdings Inc. soared in debut trading Thursday after the defense and space systems firm priced an upsized $506 million above its marketed range, raising money for Karman and its private equity shareholders, represented by Willkie Farr & Gallagher LLP and underwriters' counsel Latham & Watkins LLP.
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February 12, 2025
VA Blocked From Quickly Appealing Systemic Racism Suit
The U.S. Department of Veterans Affairs cannot immediately appeal a Connecticut federal judge's refusal to slap down a lawsuit alleging systemic discrimination at VA hospitals because the case does not present novel issues requiring midstream clarification, the same judge who advanced the case last March has ruled.
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February 12, 2025
Blind Vendors Fight Dismissal Of Military Retailer Dispute
Vendors challenging a military retailer's alleged violation of a law requiring federal agencies to prioritize businesses owned by the blind have pushed back at a magistrate judge's recommendation to toss their suit, saying they shouldn't be made to exhaust administrative remedies first.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
GAO Says Navy Mistake Can't Sink $82M Construction Deal
The U.S. Government Accountability Office has denied a protest over an $82.2 million U.S. Navy construction order, saying the Navy's failure to comply with solicitation requirements when assessing the awardee's project labor agreement did not harm the protester.
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February 12, 2025
Nippon-US Steel Redo Under Trump Could Be A Win-Win
After President Donald Trump said he wants Japan's Nippon Steel to "invest" in U.S. Steel and not buy it outright as originally planned, experts say the steelmakers could still arrive at a win-win transaction if they are willing to go back to the drawing board.
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February 12, 2025
Senate Confirms Gabbard As Intelligence Chief
The U.S. Senate on Wednesday confirmed former Democratic Rep. Tulsi Gabbard as the top U.S. intelligence official, over the objections of Democratic lawmakers who argued she lacked the necessary experience and judgment for the role.
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February 12, 2025
8 Ousted Inspectors General Sue Over Firings
Eight inspectors general fired by President Donald Trump sued the administration Wednesday, asking a D.C. federal judge to declare their terminations "legal nullities" and to order their reinstatement.
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February 11, 2025
Ex-NY Gov. Aide And Husband Deny Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and former Gov. Andrew Cuomo, Linda Sun, and her husband on Tuesday pled not guilty to a superseding indictment that accuses her of secretly acting as an agent of China's government and adds new money laundering charges against her spouse.
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February 11, 2025
GAO Says Protester Wrongly Used Redacted Army Corps Info
The U.S. Government Accountability Office has rejected a protest over a €36.7 ($38 million) million U.S. Army Corps of Engineers construction contract and criticized the protester for filing claims based on improperly redacted Corps information, saying the redaction mistake didn't waive related protections.
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February 11, 2025
Feds Seek $55K In Restitution In VA Doc Sex Abuse Case
Federal prosecutors Tuesday asked a Georgia federal judge to order just over $55,000 in restitution for a woman who was sexually abused by a longtime physician with the U.S. Department of Veterans Affairs.
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February 11, 2025
DOD Bars New Transgender Troops Amid Court Challenge
The U.S. military will stop enlisting transgender recruits and halt gender-affirming medical care for current service members, according to a U.S. Department of Defense memo filed in D.C. federal court litigation challenging the Trump administration's ban on transgender troops.
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February 11, 2025
ABA, Aid Orgs. Sue White House Over Foreign Funding Freeze
The American Bar Association and seven international aid organizations sued the Trump administration in D.C. federal court Tuesday over its freeze on foreign assistance funding, arguing the pause flouts "bedrock separation-of-powers principles."
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February 11, 2025
Worker Claims Company's Post-COVID Firing Was Illegal
A General Dynamics subsidiary and submarine manufacturer was unjustified in its firing of a former employee who suffered from long COVID, according to a lawsuit the company removed to Connecticut federal court.
Expert Analysis
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security’s recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts
Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.