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Aerospace & Defense
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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.
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February 11, 2025
Commerce Powers Key In Battle Over Corp. Transparency Law
The question of whether Congress exceeded its powers to regulate commerce by enacting the Corporate Transparency Act is likely to feature in a potential U.S. Supreme Court resolution to around a dozen challenges to the law that are percolating through the courts.
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February 11, 2025
Bannon Cops To Fraud Scheme In Border Wall Case
Donald Trump's former chief strategist, Steve Bannon, pled guilty Tuesday to a single felony fraud scheme charge in New York state court as part of a deal with Manhattan prosecutors to avoid jail time in his "We Build The Wall" charity fraud case.
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February 10, 2025
Judge Newman Tells DC Circ. Her Suspension Flouts The Law
Federal Circuit Judge Pauline Newman again urged the D.C. Circuit on Monday to end the suspension her colleagues imposed on her amid a probe of her fitness to serve as a judge, arguing that her suspension is effectively indefinite and violates the U.S. Constitution.
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February 10, 2025
Trump Admin's $7.4B In Arms Sales To Israel Draws Dem's Ire
The U.S. Department of State, to the dismay of at least one Democratic lawmaker, approved the $7.4 billion sale of guided missiles and other equipment to Israel, according to the U.S. Defense Security Cooperation Agency.
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February 10, 2025
Fed. Circ. Revives Cotter's Radiation Injury Suit Indemnity Bid
The Federal Circuit on Monday revived Cotter Corp.'s bid for federal indemnity after settling claims related to alleged exposure to radioactive residue stemming from the Manhattan Project, saying a Court of Federal Claims judge read an indemnification statute too narrowly.
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February 10, 2025
SpaceX Says It Has Been Harmed By Coastal Commission
SpaceX has argued it should be allowed to move forward with its suit alleging the California Coastal Commission wrongly tried to block the company's rocket launches, saying it had been harmed by the commission's allegedly unconstitutional actions.
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February 10, 2025
Baltimore Man Charged After Flying Drone Over NFL Game
The federal government has criminally charged a Maryland resident after he allegedly flew a drone over M&T Bank Stadium during the Jan. 11 NFL Wild Card game between the Baltimore Ravens and Pittsburgh Steelers.
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February 10, 2025
Aerospace Co. Seeks To Toss Ex-Exec's Amended Claims
A Garden State-based aerospace company is asking a federal judge to dismiss with prejudice the second amended counterclaims by its ex-president and his new business in a trade secrets case, according to court filings.
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February 10, 2025
Investor Urges US Steel To Dump Deal After Trump Comments
Activist investor Ancora Holdings Group on Monday urged U.S. Steel to abandon its proposed $14.9 billion merger with Japan's Nippon Steel, stating that the deal has "no chance of being resurrected" in light of statements made by President Donald Trump on Friday.
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February 10, 2025
Trump Admin Violating Order To Unfreeze Funds, Judge Says
A Rhode Island federal judge ruled Monday the Trump administration is not complying with the court's temporary restraining order barring a freeze on funding for federal grants and programs, ordering the administration to immediately restore the frozen funds.
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February 10, 2025
Bannon To Plead Guilty In Border Wall Fraud Case, Avoid Jail
Former Donald Trump adviser Steve Bannon plans to plead guilty as part of a deal with New York state prosecutors to resolve fraud charges connected to fundraising for a U.S. southern border wall, allowing him to avoid any prison time, one of his lawyers said Monday.
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February 07, 2025
Trump Isn't Obeying Order To Unfreeze Funds, States Say
The Trump administration is not complying with a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order and to enter a stiffer injunction blocking the funding freeze.
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February 07, 2025
Attys Seek Guantánamo Access But Face Logistic Hurdles
A coalition of immigrant and civil rights groups led by the American Civil Liberties Union requested immediate access Friday to noncitizens the Trump administration transferred to Naval Station Guantánamo Bay, but getting there will be another matter.
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February 07, 2025
Nippon-US Steel Merger Targeted By Consumers In Calif.
A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.
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February 07, 2025
Fed. Circ. Pushes Back At Doctors Who Vouched For Newman
The Federal Circuit judges considering Judge Pauline Newman's request to end her suspension said Friday that they had retained doctors who have expressed "significant concerns" that there are errors and oversights in reports from physicians who deemed the 97-year-old judge fit to serve.
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February 07, 2025
GAO Says Army Reasonably Sole-Sourced Power Unit Deal
The U.S. Government Accountability Office has denied a protest over a U.S. Army sole-source contract for power units that followed on from a prototyping deal, saying the Army showed that no alternative unit could meet its needs.
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February 07, 2025
Texas Wants 3M, Dupont 'Forever Chemical' Suit In State Court
Texas has asked a federal judge to send its litigation against 3M, DuPont and others over so-called forever chemicals back to state court, writing that the companies are misguided in their "desperate" attempt to send the case to federal court.
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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.
Expert Analysis
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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.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Title VII Compliance Lessons From Raytheon Age Bias Suit
A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.