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Aerospace & Defense
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December 06, 2024
US Ukrainian Group Wants FCC SpaceX Approvals Halted
The FCC needs to put any decisions related to SpaceX on ice until an ethics committee can decide how to handle them now that the company's billionaire owner Elon Musk has been tapped for an oversight role in the upcoming Trump administration, the agency has been told.
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December 06, 2024
Boeing Shareholder Attys Intervene In Parallel Chancery Suit
Attorneys for two Boeing Co. stockholders pursuing derivative claims in Virginia federal court secured approval on Friday to intervene in a later filed case in Delaware's Court of Chancery, citing concerns that a "dilatory" approach by the Delaware camp could jeopardize both suits.
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December 06, 2024
Justices To Decide If Terror Victim Law Violates Due Process
The U.S. Supreme Court agreed Friday to decide whether a 2019 law gives courts jurisdiction over the Palestinian Authority and Palestine Liberation Organization or conflicts with the Fifth Amendment's due process clause.
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December 06, 2024
Veterans Courts Help Some, But Leave Many Others Behind
Veterans treatment courts have helped thousands of justice-involved vets with addiction and mental health issues, but strict eligibility rules, difficulty identifying defendants and a lack of courts mean many former service members are still falling through the cracks.
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December 06, 2024
Naval Academy Can Use Race In Admissions Decisions
The U.S. Naval Academy can continue to consider race in aspects of its admissions process, a Maryland federal judge ruled Friday, saying the military college had demonstrated a compelling national security reason.
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December 06, 2024
Feds Want Full DC Circ. To Reverse Panel's NEPA Regs Ruling
Two D.C. Circuit judges who ruled a White House agency lacks authority to issue regulations implementing the National Environmental Policy Act violated a cornerstone legal tenet and must be overturned, according to the federal government.
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December 06, 2024
Nat'l Spectrum Strategy Advances With Move On 37 GHZ
The Biden administration made a late push to advance its National Spectrum Strategy by floating a plan in recent days to open the lower 37 gigahertz band for shared federal and commercial use, but experts say there's still much work ahead on the proposal.
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December 06, 2024
Atty Tells Jury She's 'Furious' Over Aircraft Co.'s Suit
An attorney suing an aviation company she formerly represented and three Blank Rome LLP lawyers told a Pennsylvania federal jury on Friday that she was "furious" to learn that the company accused her of misusing confidential information after she left to pursue plaintiffs work.
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December 06, 2024
Fed. Circ. Backs $25K Sanction In Stun Device Design IP Suit
The Federal Circuit said Friday that a lower court did nothing wrong in ordering stun device maker PS Products Inc. to pay $25,000 as a sanction for filing what the circuit court said was a "nuisance" patent infringement lawsuit against a rival manufacturer.
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December 06, 2024
DC Circ. Won't Revisit Retroactive FARA Registration
The D.C. Circuit rejected a bid asking the en banc court to reconsider a panel ruling that bars the federal government from suing to compel former foreign agents to retroactively register their onetime foreign influence.
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December 06, 2024
Trump Adds Border Hardliners To Homeland Security Team
President-elect Donald Trump rolled out three more picks to staff his homeland security team whose backgrounds indicate the incoming administration is poised to proceed apace with its planned border crackdown.
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December 06, 2024
DC Circ. Upholds TikTok Sale-Or-Ban Law
A D.C. Circuit panel on Friday upheld a federal law giving TikTok until January to cut ties with its Chinese parent company or face a ban in the U.S., ruling that the statute survives constitutional scrutiny.
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December 05, 2024
Ally Visa Seekers Say Feds Are Trying To Add Delay To Delay
A certified class of Afghans and Iraqis who aided U.S. troops and are waiting for the government to process their already unreasonably delayed special immigrant visas told a D.C. federal judge on Wednesday the government shouldn't be able to add even more time to the plan to deliver their visas.
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December 05, 2024
Judge Newman Brings Fight To End Her Suspension To DC Circ.
U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution.
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December 05, 2024
3 Texas Soldiers Smuggled Unauthorized Migrants, Feds Say
Three U.S. Army soldiers stationed at Fort Cavazos in Texas have been arrested on charges alleging that they orchestrated a conspiracy to pick up and transport unauthorized immigrants further into the United States, the U.S. Department of Justice announced Wednesday.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Justices Told 9th Circ. Got Test Wrong In $1.3B Award Fight
Indian satellite communications company Devas Multimedia and its shareholders have each submitted briefs to the U.S. Supreme Court urging the justices to nix the Ninth Circuit's decision to refuse enforcement of a $1.3 billion arbitral award against a state-owned division of India's space agency.
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December 05, 2024
Atlanta VA Surgeon Botched Routine Hysterectomy, Suit Says
A patient at the Joseph Maxwell Cleland Atlanta VA Medical Center has sued the government in Georgia federal court over claims that a doctor at the facility negligently stitched her bowel wall to her vaginal wall during a routine laparoscopic hysterectomy and disregarded signs of serious complications in the surgery's aftermath.
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December 05, 2024
Sens. Urge DOD To Beef Up Telecom Security After Cyberattack
The U.S. Department of Defense may not be doing enough to protect unclassified information from being intercepted by foreign spies, a bipartisan pair of U.S. senators have said.
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December 05, 2024
Judge Backs Army Corps' Denial Of Bidder On $5M Project
A federal claims court judge on Wednesday affirmed the government's decision to reject an Illinois company's bid for a $5 million island habitat restoration, saying its ratings for past work and difficulties with an ongoing project were both fairly considered.
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December 05, 2024
SpaceX Seeks Astronomical $350B Value, And More Rumors
SpaceX is in discussions for a transaction that could value the rocket and spacecraft maker at about $350 billion, the private equity owner of Crunch Fitness could sell the health club at a $1.5 billion value, and the management group looking to buy the Japanese owner of 7-Eleven may launch an IPO. Here, Law360 breaks down these and other notable deal rumors from the past week.
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December 05, 2024
Charter Settles For $1.1M After FCC Emergency Alert Probe
Charter has agreed to pay $1.1 million to end an investigation by the Federal Communications Commission into whether the cable giant failed to properly keep emergency alert devices online during an FCC test of the system last fall.
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December 05, 2024
Carriers Must Shield Networks From Attacks, FCC Chair Says
The head of the Federal Communications Commission called Thursday for "urgent action" from U.S. telecom carriers to protect their networks in the wake of the recent Salt Typhoon cyberattack, and said the agency could soon rule that telecoms are affirmatively required under law to try to prevent such intrusions.
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December 05, 2024
DEI Provision Dooms Boeing's 737 Max Plea Deal
A Texas federal judge on Thursday rejected Boeing's plea agreement in its 737 Max criminal conspiracy case, finding flaws in how the U.S. Department of Justice intended to use race and diversity to select an independent compliance monitor to oversee Boeing, and how the court was cut out of that process.
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December 05, 2024
Holland & Knight Gets In On Trade Laterals With Export Expert
Holland & Knight LLP announced Wednesday it was bringing aboard a new international trade partner at its Tysons Corner, Virginina, office, part of a recent flurry of hiring in the practice area as firms seek out expertise on export controls and other trade issues in the weeks following the 2024 presidential election.
Expert Analysis
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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.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking
The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Contract Disputes Recap: Addressing Dispositive Motions
Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency
In this month's bid protest roundup, Nicole Giles and Ethan Sterenfeld at MoFo discuss a decision from the U.S. Court of Federal Claims and two from the U.S. Government Accountability Office, which highlight how labor mapping, jurisdiction questions and incumbency bias can affect outcomes.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.