Aerospace & Defense

  • May 22, 2024

    Boeing Can't Use Belated Patent Defense In Startup's IP Trial

    A Washington federal judge has rejected The Boeing Co.'s last-minute bid to tell a jury that its patents preempt claims it misappropriated an electric jet startup's intellectual property, saying it would be unfair to allow previously unpled affirmative defenses now that the trial is underway.

  • May 22, 2024

    3M Says Insurers Are Dodging Coverage Of $6B Earplug Deal

    3M and its subsidiary Aearo Technologies have reported difficulties getting their insurers to pay out more than $1.5 billion in coverage after the companies reached a $6 billion deal to settle multidistrict litigation alleging their combat earplugs failed to protect the hearing of service members and veterans.

  • May 22, 2024

    5 'Fat Leonard' Bribery Pleas Axed Over Misconduct

    A California federal judge has agreed to toss felony plea deals for five former U.S. Navy officers who admitted they took bribes from the Malaysian defense contractor known as "Fat Leonard," after the government acknowledged prosecutorial missteps had tainted the high-profile case.

  • May 21, 2024

    Ship Engineers Take Case Against Shipbuilders To 4th Circ.

    A pair of naval engineers are challenging a Virginia federal judge's decision to toss their proposed class action accusing a collection of shipbuilding military contractors of entering into secret "no-poach" agreements, asking the Fourth Circuit to take up their appeal in a new filing.

  • May 21, 2024

    NTIA Explores Gov't Support For 6G Development

    The U.S. Department of Commerce is looking for input on how the government can aid in the development of 6G technology.

  • May 21, 2024

    GAO Denies Sysco's Protest Of Up-To $126M Subsistence Deal

    The U.S. Government Accountability Office denied a Sysco unit's protest of an up-to $126 million defense subsistence supply deal, saying the company failed to show the Defense Logistics Agency had to consider the awardee's performance on a similar interim deal.

  • May 21, 2024

    Copyright Claims Against Defense Agencies Go To Trial

    A Court of Federal Claims judge has ruled that a geospatial technology firm's copyright infringement claims against defense agencies must go to trial, citing disputed facts about whether related software was effectively created on the government's time and dime.

  • May 21, 2024

    More Classified Docs Were Found After Mar-A-Lago Raid

    Additional classified documents were found at former President Donald Trump's Mar-a-Lago estate, including in Trump's bedroom, after the FBI's August 2022 search of the Florida property, according to a filing unsealed Tuesday in the criminal case accusing him of mishandling classified documents.

  • May 21, 2024

    Feds Say Importer Can Get Domestic Steel, Instead Of Duty Relief

    The U.S. Department of Commerce defended its refusal to exempt a steel company from potentially millions of dollars worth of national security tariffs, saying it was swayed by evidence that the company could source materials domestically.

  • May 21, 2024

    BASF Agrees To $316.5M Settlement In PFAS Foam MDL

    Attorneys representing public water systems in a South Carolina multidistrict litigation over so-called forever chemicals in drinking water announced Tuesday that they've reached an agreement in principle with defendant BASF Corp., which will pay $316.5 million to resolve the claims.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    3rd Circ. Revives American Airlines Pilots' Military Leave Suit

    The Third Circuit reopened a class action Tuesday accusing American Airlines of unlawfully denying pilots pay for short military assignments while compensating employees for jury duty and bereavement leave, ruling a trial is needed to determine whether time off for military service is fungible with paid absences.

  • May 20, 2024

    SolarWinds Accuses SEC Of 'Troubling Pattern' Of Distortion

    SolarWinds Corp. is calling out the U.S. Securities and Exchange Commission for what it deems to be a "troubling pattern" of overstating its case against the government contractor, saying that a recent admission by the agency "dooms" claims that the company knew a customer had been hacked and failed to report it.

  • May 20, 2024

    Texas Judge Rescinds Denial Of SpaceX's Rethink Bid

    A Texas federal judge on Monday walked back his decision last week not to reconsider an order transferring SpaceX's National Labor Relations Board constitutionality dispute to a California court, saying he is "awaiting input from the Fifth Circuit."

  • May 20, 2024

    Startup Admits Sharing IP With Boeing After Supposed Swipe

    The co-founder of a startup accusing the Boeing Co. of plotting to steal its intellectual property to build a copycat electric jet acknowledged during cross-examination Monday that his company kept willingly sharing trade secrets with the aviation giant after discovering the alleged misappropriations.

  • May 20, 2024

    FCC Told Ad Disclosure Rule Would Violate APA, Free Speech

    Broadcasters are continuing their push to get the Federal Communications Commission to drop the potential inclusion of some political ads and public service announcements from proposed foreign disclosure rules, this time saying that the rule would violate the First Amendment.

  • May 20, 2024

    Kepler Backs SpaceX Push To Revamp 'Big LEO' Band

    Satellite tech company Kepler Communications Inc. has urged the Federal Communications Commission to move forward with a potential new sharing framework for the "Big LEO" band as recently proposed by SpaceX.

  • May 20, 2024

    Catching Up With Delaware's Chancery Court

    Delaware was full of drama last week, as proposed changes to the state's corporate law statutes raised eyebrows and a professor's friend-of-the-court brief sparked a very unfriendly public exchange. Delaware's court of equity banged the gavel on pipeline and social media disputes, and shareholders filed new suits alleging insider trading, vote bungling, unfair stock buybacks and merger shenanigans. In case you missed any of it, here's the recap of all the top news last week from Delaware's Chancery Court.

  • May 20, 2024

    China Sanctions 3 US Firms For Arms Sales To Taiwan

    The Chinese Government has sanctioned units of Boeing, General Atomics and General Dynamics over the companies' sales of weapons to Taiwan, barring the companies from trade or investment in China, citing alleged threats to its sovereignty.

  • May 20, 2024

    Menendez Texts With Wife A Legislative Promise, Judge Says

    Emoji-laden texts between Sen. Robert Menendez and his wife about an arms sale constitute a legislative promise, a Manhattan federal judge reiterated Monday, as the government seeks to prove the power couple had a corrupt agreement with a New Jersey businessman.

  • May 20, 2024

    Assange Gets Final Appeal In Fight Against US Extradition

    Julian Assange won a lifeline in his long-running fight against extradition to the U.S. on Monday as an English court granted him permission to challenge assurances from American authorities that the WikiLeaks founder would not face discrimination at trial.

  • May 17, 2024

    Manufacturer Slapped With Sanctions In Seaplane Crash Case

    A Washington state judge sanctioned an aircraft manufacturer for "willful" discovery violations on Friday in a lawsuit over a 2022 seaplane accident that killed 10 people, then ruled during a hearing that maritime law covers the accident, which a plaintiffs attorney says will expand the relief victims' families can seek.

  • May 17, 2024

    Boeing Jury Urged To Award Startup At Least $163M At IP Trial

    An electric-jet company told a Seattle jury Friday that Boeing misappropriated its trade secrets to build a copycat plane under the guise of investing in the startup, entitling it to an award of more than $163 million.

  • May 17, 2024

    VA Deal Winner Says Protest Not Based On Common Sense

    The winner of a U.S. Department of Veterans Affairs mail-order pharmacy deal urged the U.S. Court of Federal Claims to toss a competitor's protest of the award, saying the protester's challenge was based on an incorrect reading of applicable regulations.

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Inside New Classified Contract Guidance For Joint Ventures

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    A recent Information Security Oversight Office notice clarifies the interplay between small business joint-venture rules and eligibility determinations for U.S. Department of Defense classified contracts, but it's still unclear how this should be interpreted for non-DOD procurements, says Todd Overman at Bass Berry.

  • DOJ Officials' Remarks Signal New Trends In FARA Activity

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    Three U.S. Justice Department officials' remarks at a recent forum reinforce the department's renewed focus on aggressively enforcing the Foreign Agents Registration Act, which has been transformed into a significant national security and criminal enforcement tool, and its efforts to tightly regulate the activities of foreign agents in the U.S., say attorneys at Covington.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • 7 Enforcement Predictions For US Export Controls, Sanctions

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    Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.

  • Energy Sector Takeaways From Biden's AI Executive Order

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    While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • Series

    ESG Around The World: Singapore

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    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Inside DOD's Final Commercial Products And Services Rule

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    The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • What US-Canada Critical Minerals Collab Means For Cos.

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    Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.

  • Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness

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    In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • What New DHS Cybersecurity Policy Means For Bid Protests

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    The U.S. Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.

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