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Aerospace & Defense
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February 07, 2025
Taxation With Representation: Kirkland, Latham, Skadden
In this week's Taxation With Representation, Triumph Group goes private via Berkshire Partners and Warburg Pincus affiliates, alternative asset manager TPG buys Altus Power, Globus Medical buys Nevro Corp., and Honeywell separates its automation and aerospace technology businesses, resulting in the formation of three distinct companies.
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February 07, 2025
Dozens Of Nations Join ICC In Condemning Trump Sanctions
The International Criminal Court and a group of 79 countries on Friday condemned President Donald Trump's decision to impose sanctions on the intergovernmental organization, with the ICC saying the move will "harm its independent and impartial judicial work."
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February 07, 2025
Okla. School District Settles Ex-Teacher's Military Leave Suit
An Oklahoma school district has agreed to pay a former music teacher $60,000 to resolve his suit brought by the U.S. Department of Justice claiming the district scuttled his employment contract for taking leave to serve in the U.S. Air Force Reserve.
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February 06, 2025
House Bill Aims To Ban DeepSeek On Gov't Devices
A pair of U.S. House lawmakers on Thursday rolled out bipartisan legislation that would prohibit the installation of Chinese company DeepSeek's chatbot app on government-issued devices, citing "alarming" national security threats similar to those that have propelled efforts to ban video app TikTok nationwide.
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February 06, 2025
Lockheed Martin To Pay $30M In FCA Deal Over F-35 Pricing
Lockheed Martin Corp, one of the world's largest defense contractors, has agreed to pay $29.74 million to resolve a whistleblower's False Claims Act allegations of inflated pricing on contracts for F-35 military aircraft, the U.S. Department of Justice announced Thursday.
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February 06, 2025
Air Traffic Control System Upgrade In Spotlight After DC Crash
In the week since a midair collision between an American Airlines regional jet and a U.S. Army helicopter over the Potomac River left 67 people dead, the Trump administration signaled Thursday that it's looking to expedite overhauling the nation's air traffic control system.
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February 06, 2025
Trump's Trans Military Ban Violates Constitution, Suit Says
A group of transgender service members and a human rights organization sued the Trump administration Thursday in Washington federal court, asserting his executive order banning transgender people from serving in the military is discriminatory and unconstitutional.
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February 06, 2025
GAO Rejects Air Force Bid To Revise $180M Protest Remedy
The U.S. Government Accountability Office has refused to reconsider its recommendation that the U.S. Air Force reevaluate proposals after the watchdog sustained a protest over a $180.2 million satellite terminal deal, saying the Air Force's request was untimely.
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February 06, 2025
No Bail For Ex-Federal Reserve Adviser In Espionage Case
A former senior adviser to the Federal Reserve Board of Governors was ordered to be detained by a D.C. federal judge Wednesday at the request of prosecutors who warned that his significant ties to China put him at high risk of fleeing his charges of stealing classified information for that nation.
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February 06, 2025
Bondi Says FCPA Probes Will Focus On Cartels
The scope of foreign bribery enforcement will be narrowed significantly under the direction of U.S. Attorney General Pam Bondi, who has said since taking office Wednesday that the Justice Department will concentrate on the "total elimination of cartels and transnational organizations."
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February 06, 2025
Nippon Says US Steel Deal Aligns With Trump Goals
Nippon Steel said Thursday that its proposed $14.9 billion acquisition of Pennsylvania-based U.S. Steel is in line with President Donald Trump's goals, as the Japanese steelmaker dropped hints of its strategy to get the new administration to approve the deal.
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February 06, 2025
Carr Names Project 2025 Co-Author As FCC General Counsel
A Michigan State University law professor and onetime Jones Day litigator known for his involvement in Project 2025 and criticism of Big Tech will serve as the Federal Communications Commission's top lawyer.
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February 06, 2025
Bid Exclusion For $563M Navy Base Deal Justified, GAO Says
The U.S. Navy reasonably excluded a California company's proposal for a half-a-billion-dollar waterfront repair project at a naval base in Guam because the company did not include the use of marine concrete as called for, the U.S. Government Accountability Office said.
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February 06, 2025
Trump's Federal Worker Buyout Plan Put On Hold
A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.
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February 06, 2025
Honeywell To Split Into 3 Entities After Activist Pressure
Industrial conglomerate Honeywell, advised by Skadden Arps Slate Meagher & Flom LLP, on Thursday unveiled plans to fully separate its automation and aerospace technology businesses, which when paired with the company's previously announced plan to spin off its advanced materials business, will result in three separate publicly traded companies.
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February 05, 2025
GAO Says Bidder Not Prejudiced By Solicitation 'Ambiguity'
The Government Accountability Office rejected a Virginia-based contractor's challenge to the U.S. Transportation Security Administration's denial of its $74 million security screening contract proposal, saying it was not prejudiced by the agency's "latent ambiguity" in its solicitation.
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February 05, 2025
Dems Want Probe Of RealPage Role In Military Rent Hikes
Senate Democrats are calling on the Department of Defense to open an investigation into property management software company RealPage, saying the company may be driving rent hikes for military families.
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February 05, 2025
NJ Judge Finds For Textron Unit In Fatal Copter Crash
A New Jersey state judge said Tuesday that Avco Corp., a division of Textron Inc., wasn't liable for a helicopter crash that resulted in the death of a country singer, since the company didn't design the engine part that the plaintiffs claimed was defective.
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February 05, 2025
NJ Seeks Jury Trial In PFAS Cleanup Case Against 3M, DuPont
New Jersey officials are fighting back against 3M and DuPont's requests to have a federal bench trial on their environmental claims seeking remediation and restoration cost reimbursement over purported PFAS contamination, arguing that its legal claims are tied to legal remedies that a jury, not a judge, must decide.
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February 05, 2025
FCC To Launch Spectrum Sale, Eyes More C-Band Use
The FCC's new Republican chief said Wednesday the agency will kick off rules for a new spectrum sale authorized by Congress and consider a plan to eventually open more midband airwaves in the C-band for private sector use.
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February 05, 2025
Judge Won't Pause Crowdfunding Case After Fraud Indictment
A target of the U.S. Securities and Exchange Commission's first crowdfunding enforcement action can't pause that three-year-old case to defend himself against unrelated charges that he ran a pump-and-dump scheme with a hallucinogenic mushroom company, a Michigan judge ruled Wednesday.
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February 05, 2025
Palantir Backs Percipient.ai In 'Interested Party' Dispute
Palantir Technologies Inc. and the National Industries for the Blind are both supporting artificial intelligence company Percipient.ai Inc. in a dispute with the U.S. government over who has standing to challenge unlawful federal procurements.
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February 05, 2025
Missile-Defense Firm Karman Launches Plans For $400M IPO
Missile-defense and space programs company Karman Holdings Inc. launched plans Wednesday for an estimated $400 million initial public offering that would raise fresh funding for the private equity-backed business and its shareholders, represented by Willkie Farr & Gallagher LLP and underwriters' counsel Latham & Watkins LLP.
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February 05, 2025
Feds Must Face Air Marshal Union's Harassment Claims
Three government agencies must face claims they engaged in union-busting tactics when dealing with federal air marshals in Philadelphia, with a Pennsylvania federal judge preserving most of a union's lawsuit against the U.S. Department of Homeland Security, the Transportation Security Administration and the Federal Air Marshal Service.
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February 05, 2025
11th Circ. Backs Navy Win In IT Worker's Promotion Bias Suit
The Eleventh Circuit upheld the U.S. Navy's defeat of a civilian tech employee's suit claiming he was passed over for several promotions because he was Hispanic and in his 50s, saying he failed to show that supervisors considered his age or race when making decisions.
Expert Analysis
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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.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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DOD Cybersecurity Rule Will Burden And Benefit Contractors
The U.S. Department of Defense’s cybersecurity certification program, finalized in October, will pose tricky and expensive challenges for contractors, given its many requirements and the scarcity of third-party assessors who can provide certification, but companies may ultimately benefit from a narrower pool of competitors, say attorneys at Miles & Stockbridge.
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5 Areas Congress May Investigate After GOP Election Wins
With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Loper Bright Offers New Materiality Defense To FCA Liability
The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.
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2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape
Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.