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Aerospace & Defense
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February 24, 2025
FAA, SpaceX Say Rocket Launch Review Passes Muster
The Federal Aviation Administration and SpaceX asked a Washington, D.C., federal judge to grant them wins in litigation challenging the adequacy of an environmental review completed for the company's Starship rocket launch program in Boca Chica, Texas.
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February 24, 2025
Feds Fight Reinstatement Of Ousted Inspectors General
The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.
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February 24, 2025
Engineering Co.'s $4.1M Claims Axed In Army Corps Dispute
The Armed Services Board of Contract Appeals has dismissed an engineering company's claims seeking $4.1 million in damages after the U.S. Army Corps of Engineers terminated a Mexico City-based construction contract, saying the court lacks jurisdiction.
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February 24, 2025
GAO Sinks Protest Over Army Corps Solicitation Amendment
The U.S. Government Accountability Office has said the Army Corps of Engineers rightly changed a solicitation to remove the requirement that solicitors attach a project labor agreement, denying a construction contractor's protest of the change.
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February 24, 2025
Atty Faces $190K Demand After Losing Malicious Litigation Trial
A trio of Blank Rome LLP attorneys and an aviation company told a Pennsylvania federal court on Friday they are owed combined costs of nearly $200,000 from an attorney who lost a malicious litigation jury trial against them in December.
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February 24, 2025
Elizabeth Holmes Loses 9th Circ. Appeal Over Theranos Fraud
A Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former Theranos executive Ramesh "Sunny" Balwani along with their respective 11-year and nearly 13-year prison sentences, rejecting arguments that the lower court made multiple evidentiary errors that unfairly swayed jurors.
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February 24, 2025
Caplin & Drysdale Hires High-Profile Gov't Investigations Atty
Caplin & Drysdale LLP has hired out of retirement the former U.S. Department of Justice counterintelligence chief who investigated Hillary Clinton's use of a private email server for classified information, Russian interference in the 2016 election and other high-profile investigations, the firm announced Wednesday.
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February 24, 2025
Supreme Court Won't Revisit Contentious Feres Doctrine
The U.S. Supreme Court on Monday rejected a former Air National Guard reservist's suit seeking damages for a military hospital surgery that left him paralyzed, declining to revisit a doctrine barring injury claims considered "incident to" military service.
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February 21, 2025
DOJ Hits Judge Weighing Trans Troops Ban With Complaint
The U.S. Department of Justice on Friday filed a misconduct complaint against the D.C. federal judge overseeing litigation challenging President Donald Trump's executive order ostensibly banning transgender troops from serving in the military, accusing her of bias after she hammered government attorneys for answers they provided during a hearing earlier this month.
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February 21, 2025
Trump Fires Top Military Commander CQ Brown
President Donald Trump announced in a social media post Friday that he dismissed Gen. Charles "CQ" Brown Jr. as the Joint Chiefs of Staff chair, inserting politics into his selection of the country's top military officer with a dig at the former administration's decision not to promote Trump's intended nominee.
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February 21, 2025
Army Corps Contract Releases Not Clear On Rust Remediation
The Armed Services Board of Contract Appeals rejected the Army Corps of Engineers' attempt to evade a challenge from Sauer Construction LLC, saying there's a genuine issue of material fact whether the contractor's rust remediation claim is preempted by previous contract modifications.
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February 21, 2025
Judge Questions Trump Administration Fund Freeze Authority
A Rhode Island federal judge on Friday left in place a temporary restraining order blocking a funding freeze by President Donald Trump's administration until the judge can rule on a request by a coalition of states for a preliminary injunction.
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February 21, 2025
Aerotech Can't Escape Workers' ESOP Investment Suit
A Pennsylvania federal judge refused to toss a proposed class action from participants in a motion control technology company's employee stock ownership plan who alleged mismanagement, finding allegations that the company's low-risk investment strategy violated federal benefits law could proceed to discovery.
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February 21, 2025
Billionaire's Tax Privacy Suit Against Booz Allen Proceeds
A billionaire's lawsuit against government contractor Booz Allen Hamilton blaming it for the theft of his tax returns in an unprecedented breach by a Booz Allen employee working at the IRS can move forward, a Maryland federal court ruled Friday, rejecting a bid to toss the case.
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February 21, 2025
Israeli Gets 2 Years For Smuggling Plane Parts To Russia
A Florida federal judge on Friday sentenced an Israeli man to two years in prison for using his freight forwarding business to send aircraft parts to sanctioned companies in Russia during the war in Ukraine.
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February 21, 2025
Fed. Circ. Scraps Ruling On $14M Army Corps Contract Row
A contract appeals board didn't fully consider the entirety of a modified contract before determining a company tapped to provide emergency power services in the U.S. Virgin Islands and Puerto Rico was not entitled to a $14 million claim, a Federal Circuit panel ruled.
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February 20, 2025
Trump Admin Must Obey Order To Restore Aid, Judge Says
A Washington, D.C., federal judge on Thursday ordered the Trump administration to restore foreign assistance funding in accordance with his temporary restraining order, but stopped short of sanctioning the government officials.
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February 20, 2025
DOJ Says It Will Drop Immigrant Bias Case Against SpaceX
The U.S. Department of Justice told a Texas federal judge Thursday that it plans to drop administrative proceedings alleging Elon Musk's Space Exploration Technologies Corp. refused to hire refugees and asylees.
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February 20, 2025
Dems Blast 'Reckless' Nuclear Security Worker Firings
Seven Democratic legislators sent a letter to newly confirmed Energy Secretary Chris Wright on Thursday pressing for answers as to why the Department of Government Efficiency fired hundreds of National Nuclear Security Administration staff members, calling it a "reckless decision."
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February 20, 2025
Jones Day Atty Exits Menendez Bribery Case As Appeal Looms
Yaakov Roth of Jones Day sought to withdraw Thursday from representing Robert Menendez following the former U.S. senator's convictions on bribery and corruption charges, leaving his Paul Hastings LLP team to steer the case at the trial level on the day after the government argued Menendez should not remain free on appeal.
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February 20, 2025
DOD To Shift $50B To Trump Defense Spending Priorities
U.S. Defense Secretary Pete Hegseth directed the agency to shift $50 billion from its 2026 budget away from "Biden-legacy programs" to programs that align with President Donald Trump's "America first" agenda.
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February 20, 2025
Select SPAC Targets Are Soaring Ahead Of The Pack
A select breed of companies that went public through mergers with special purpose acquisition companies are performing well lately — hailing mostly from a few specific industries — in stark contrast to the vast majority of SPAC merger targets that have flopped over the past few years, according to data released on Thursday.
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February 20, 2025
Feds Say DC Judge Can't Bar 'Hypothetical' Spending Freezes
A Justice Department attorney argued before a D.C. federal judge Thursday that there is no basis to continue blocking the Trump administration from implementing a blanket suspension on federal spending, saying the court cannot bar "hypothetical" future freezes.
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February 20, 2025
Nootropics Co. Can't Push Nurse's Suit To Arbitration
Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.
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February 20, 2025
Dems Seek Answers, Reversals For 'Reckless' VA Cuts
Democrats in Congress asked Secretary of Veterans Affairs Doug Collins to justify how firing 1,000-plus VA employees could possibly benefit veterans, and they called on him to reverse the cuts, stating that they are causing negative impacts.
Expert Analysis
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Anticipating How GAO Pleading Standards May Shift
The 2025 National Defense Authorization Act's mandate to create an enhanced pleading standard at the U.S. Government Accountability Office may change the calculus for where to file when challenging a U.S. Department of Defense procurement, say attorneys at Rogers Joseph.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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How 2025 NDAA May Affect DOD Procurement Protests
A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S. Department of Defense contractors who file protests, and reduce oversight of DOD procurement awards, say attorneys at Venable.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Preparing For Mexican Drug Cartels' Terrorist Designation
In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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Bid Protest Spotlight: Certification, Lateness, SBA Eligibility
In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.