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Aerospace & Defense
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October 08, 2024
Judge Clarifies Contentious Registration Rule For Contractors
The U.S. Court of Federal Claims clarified that a contentious registration requirement for federal contractors only kicks in when they submit final proposals in response to government solicitations, blessing a previously disqualified business' $45 billion nuclear cleanup deal.
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October 08, 2024
Judge Tells VA To Quickly Develop Housing For LA Veterans
The U.S. Department of Veteran Affairs and experts picked by a class of homeless, disabled military veterans were ordered by a California federal judge to collaborate on plans for veteran housing on a Los Angeles campus.
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October 08, 2024
Exporting Chips To China Doesn't Merit 7 Years, 9th Circ. Told
Counsel for a former UCLA electrical engineering professor urged the Ninth Circuit on Tuesday to reduce his seven-year prison sentence for illegally exporting high-powered semiconductor chips to China, saying the conduct did not amount to an evasion of national security controls.
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October 08, 2024
Ex-Judge Can Testify In Suit Against Blank Rome Attys, 2 Cos.
An attorney suing three Blank Rome LLP lawyers, an aircraft motor manufacturer and its parent company was unable to persuade a Pennsylvania federal court to stop a former judge from testifying for the defense as an expert witness in a retaliation case stemming from her decision to switch from representing companies to doing plaintiffs work.
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October 08, 2024
Honeywell To Spin Off Materials Biz Amid $9B Buying Spree
Skadden-advised Honeywell said Tuesday it will spin off its advanced materials business into an independent publicly traded company, the latest maneuver in a $25 billion strategic restructuring that the company said has included about $9 billion deployed for acquisitions in 2024.
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October 07, 2024
3M Facing PFAS Headwinds In Vermont, NJ And Ohio Cases
3M Co., which is facing forever chemical lawsuits across the country, is dealing with pushback from Vermont, which is fighting 3M's effort to take its state court case into federal court, and from plaintiffs in Ohio and New Jersey, who have kept their litigation out of a sprawling multidistrict litigation.
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October 07, 2024
New Bill Would Enact 'Commonsense' Litigation Disclosures
A top Republican on the House Judiciary Committee announced Monday he introduced legislation to require the disclosure of parties receiving payments in civil lawsuits, a phenomenon known as "third-party litigation financing," in order to prevent abuses in the legal system.
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October 07, 2024
SpaceX, T-Mobile Can Offer Service In Helene-Ravaged Areas
SpaceX and T-Mobile gained special temporary authority from the Federal Communications Commission to launch their plan for cellular coverage from space in the areas affected by Hurricane Helene.
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October 07, 2024
Man Who Faced Espionage Case Gets Probation Over Taxes
A Chinese engineer initially accused of illegally exporting documents on military aircraft to China was given probation and fined for failing to report about $1.4 million in business income by a Texas federal court after the government dropped its export charges.
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October 07, 2024
Judge Backs $3.3M DOD Sole-Source Parts Deal For Boeing
A Court of Federal Claims judge has denied a protest over a $3.3 million Defense Logistics Agency sole-source contract with Boeing, covering helicopter spare parts the protester argued it could also provide, ruling the DLA reasonably determined Boeing was the only available source.
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October 07, 2024
Manafort Associate's Bribery Case Won't Get Top Court Look
The U.S. Supreme Court on Monday declined to take up the case of a former bank CEO who had argued the Second Circuit's decision to uphold his conviction for bribing former Donald Trump staffer Paul Manafort wrongly criminalized even the smallest of benefits a bank executive receives from a customer.
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October 07, 2024
FCC Looks To Update Satellite Spectrum Sharing Rules
The Federal Communications Commission is working on new spectrum sharing rules for non-geostationary orbit fixed-satellite systems, saying the proposal will clarify details from a 2023 order requiring systems to work with each other to prevent signal interference.
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October 07, 2024
Justices Won't Review Judge's Non-Recusal In Al-Qaida Case
The U.S. Supreme Court on Monday refused to probe whether a D.C. Circuit judge, previously a government attorney, should have recused himself from a former al-Qaida member's appeal of a life sentence for terrorism and war crimes.
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October 07, 2024
High Court Rejects Ex-Raytheon Worker's Retaliation Suit
The U.S. Supreme Court on Monday declined to revisit its prior ruling insulating security clearance decisions from court review, after a fired Raytheon worker urged the court to clarify whether that decision also applies to actions by federal contractors.
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October 07, 2024
3 Firms Guide Apollo, Barnes Group On $3.6B Take-Private
Barnes Group said Monday that funds managed by Apollo Global Management will acquire the aerospace parts maker in a deal valued at $3.6 billion, with Wachtell Lipton Rosen & Katz advising Barnes and Latham & Watkins LLP and Paul Weiss Rifkind Wharton & Garrison LLP guiding Apollo.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Navy Identifies Faulty Welds On 3 In-Service Vessels
The U.S. Navy told lawmakers it has identified three in-service vessels with faulty welds after contractor Newport News Shipbuilding raised concerns about potentially deliberate problems with ships built or repaired at its shipyard, but said there were no related safety concerns.
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October 04, 2024
Fed. Circ. Revives Boeing Contractual Cost Accounting Case
The Federal Circuit on Friday revived Boeing's suit claiming the Defense Contract Management Agency wrongly adjusted contractual cost claims using a regulation that clashes with a federal cost accounting statute, finding the case was essentially a contract dispute and not a disallowed regulatory challenge.
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October 04, 2024
There May Not Be Life On Mars, But There Could Be IP
The rapidly expanding space tourism industry is raising a vast universe of potential intellectual property issues. Experts say most of the laws governing extraterrestrial IP are as unexplored as space itself.
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October 04, 2024
Justices Take Up Fight Over $1.3B Failed Satellite Deal
The U.S. Supreme Court agreed Friday to hear a pair of cases asking it to clarify the analysis of a highly technical jurisdictional question, as shareholders of an Indian satellite communications company look to enforce a $1.3 billion arbitral award against a state-owned division of India's space agency.
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October 03, 2024
Hogan Lovells Can Serve Taliban Via X And Email, Judge Says
A New York federal judge Thursday allowed Hogan Lovells to use alternative means to serve the Taliban, either by way of social media, publication or email, in the firm's effort to enforce a $1.2 million arbitration award against the Islamic Republic of Afghanistan over unpaid legal fees.
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October 03, 2024
DOJ, Microsoft Disrupt Russian Hacking Group's Efforts
The U.S. Department of Justice and Microsoft Corp. announced Thursday the seizure of more than 100 websites allegedly used by Russian intelligence agencies and their proxies to orchestrate hacking campaigns aimed at stealing valuable information from federal government agencies, journalists, think tanks and other organizations.
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October 03, 2024
GOP Senators Slam NY Fed Over Iraq Money-Laundering Report
Two Republican senators, including the ranking member of the Senate banking committee, have slammed the Federal Reserve Bank of New York for allegedly failing to act on money-laundering concerns with the Central Bank of Iraq, allowing funds to flow to Iran as a result.
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October 03, 2024
Boeing Says Amended NASA Tech IP Suit Is An Overreach
Boeing is seeking to ground an engineering company's updated complaint accusing the aerospace giant of stealing protected technology, arguing that new intellectual property claims exceed a Washington federal judge's prior authorization to amend the case.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
Expert Analysis
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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National Security And The Commercial Space Sector: Part 2
Strategy documents recently published by the U.S. Department of Defense and the U.S. Space Force confirm the importance of the commercial space sector to the DOD, but say little about achieving the institutional changes needed to integrate commercial capabilities in support of national security in space, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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National Security And The Commercial Space Sector: Part 1
The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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FEPA Cases Are Natural Fit For DOJ's Fraud Section
The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Proposed Semiconductor Buy Ban May Rattle Supply Chains
The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.