Aerospace & Defense

  • July 18, 2024

    GAO Refuses To Disturb $3.8B Air Force Contract Award

    The U.S. Government Accountability Office backed the Air Force's decision to award a $3.85 billion contract for support services at a Tennessee base, rejecting a challenge lodged by a competing contractor, a decision made public Thursday showed.

  • July 18, 2024

    More Novel Protests May Follow OTA Jurisdiction Ruling

    A Court of Federal Claims decision asserting jurisdiction over certain disputes stemming from the U.S. government's authority to mimic commercial purchasing practices could open the door for more novel protests challenging the use of that authority.

  • July 18, 2024

    SpaceX Tells 5th Circ. It Will Win Challenge To NLRB Structure

    The Fifth Circuit should block claims that SpaceX violated labor law from proceeding before the National Labor Relations Board because the company has a good shot at winning its constitutional challenge to the agency's structure, SpaceX argued.

  • July 18, 2024

    Menendez Appeal Could Make Hay From Bribery Case Law

    Sen. Robert Menendez's planned "aggressive" appeal will almost certainly include broadsides against his novel foreign-agent conviction and attempt to capitalize on the U.S. Supreme Court's proven appetite for bribery cases, experts say.

  • July 18, 2024

    BAE Gets Wage Claims Cut From Engineer's Retaliation Suit

    A former engineer for BAE Systems adequately alleged that it understood he was raising concerns about his overtime pay when it chose to fire him, a Maryland federal magistrate judge ruled, keeping alive the ex-worker's retaliation claim while cutting his wage claims against the U.S. Navy contractor.

  • July 18, 2024

    Feds Say Loper Bright Not Relevant In IVF Policy Suit

    The U.S. Department of Defense urged a New York federal court Thursday to throw out a nonprofit's lawsuit challenging its in vitro fertilization coverage policy for service members, countering the group's argument that the agency can't shake the suit because the U.S. Supreme Court upended Chevron deference.

  • July 18, 2024

    SolarWinds Beats Most Claims In SEC's Data Breach Suit

    A New York federal judge on Thursday delivered a heavy blow to the U.S. Securities and Exchange Commission's case against software developer SolarWinds Corp. by dismissing substantial portions of the lawsuit, including claims that the company committed securities fraud by minimizing the severity of a state-sponsored attack on its flagship product.

  • July 17, 2024

    Defense Contractor CAE Faces Investor Suit Over Overruns

    Defense contractor CAE was hit with a proposed shareholder class action alleging it misrepresented major incurred costs related to contracts the company entered into before the COVID-19 pandemic.

  • July 17, 2024

    Special Counsel To Appeal Ax Of Trump Classified Docs Case

    Special Counsel Jack Smith told a Florida federal court Wednesday that he was challenging U.S. District Judge Aileen Cannon's order earlier this week tossing the classified documents criminal case against Donald Trump, according to a notice of appeal.

  • July 17, 2024

    Firm Can't Dodge Veteran's Class Claims Over Fees

    A North Carolina federal judge has refused to throw out a proposed class action alleging that a consulting firm charged veterans millions in illegal fees, saying the suit needs more litigation before a dismissal is considered.

  • July 17, 2024

    Watchdog Says Army Didn't Properly Review Ukraine Invoices

    A U.S. Department of Defense watchdog has criticized the U.S. Army for failing to properly oversee a task order supporting maintenance and repair of equipment for Ukraine, saying the Army allowed $20 million in contractor invoices to be paid without checking they were legitimate.

  • July 17, 2024

    Russian Gets 3 Years For Smuggling US Military Technology

    A Russian national was sentenced to three years in prison Wednesday by a New York federal judge after admitting to scheming to smuggle U.S. microelectronics used in military settings.

  • July 17, 2024

    Judge Trims Sentence For Crypto Expert Who Aided N. Korea

    A New York federal judge has cut seven months from the sentence of a computer expert convicted of furthering North Korean blockchain development in light of recently revised U.S. sentencing guidelines.

  • July 17, 2024

    6th Circ. Skeptical About Nixing Diver's Harassment Verdict

    The Sixth Circuit appeared inclined Wednesday to uphold a $58,000 verdict awarded to a commercial diver who accused an environmental cleanup company of subjecting her to harassment and belittlement, with several judges expressing doubt about superseding the jury's conclusion. 

  • July 17, 2024

    New Mexico Adds Superfund Claims To PFAS Suit Against US

    New Mexico is expanding its lawsuit against the federal government over costs related to cleaning up forever chemicals near military sites by utilizing a new rule listing the substances as hazardous under the Superfund law.

  • July 16, 2024

    Feds Say Ex-CIA Analyst Secretly Worked For Korea

    Federal prosecutors have accused a former Central Intelligence Agency analyst and prominent foreign policy expert of advocating for South Korea's policy positions and working with its spies in exchange for luxury goods, "high-priced dinners" and other gifts, according to an indictment unsealed Tuesday in New York federal court.

  • July 16, 2024

    Claims Court Can Decide Follow-On Other Transaction Deal

    A Court of Federal Claims judge ruled that her court has jurisdiction to hear a dispute over a contract following on from a U.S. Army Other Transaction Authority agreement, but threw out the case anyway because the protester let a required federal registration lapse.

  • July 16, 2024

    Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law

    Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.

  • July 16, 2024

    KBR Whistleblower Loses $1.1M Settlement Award At 5th Circ.

    The Fifth Circuit on Tuesday reversed a KBR Inc. whistleblower's $1.1 million share of a False Claims Act settlement over alleged Iraq War contract kickbacks, agreeing with the federal government that the now-deceased whistleblower's estate deserved nothing since none of his claims were settled.

  • July 16, 2024

    3 Reasons Why 2nd Menendez Bribery Case Was The Charm

    Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.

  • July 16, 2024

    Trump Special Prosecutor Ruling Could Find Favor On Appeal

    When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.

  • July 16, 2024

    Kaspersky To End US Operations After Commerce Dept.'s Ban

    A Russian cybersecurity and antivirus provider will begin closing U.S. operations and laying off workers Sunday, after the U.S. Department of Commerce banned it from selling its products in the U.S. or to U.S. citizens.

  • July 16, 2024

    SpaceX Loses Bid To Block Rival's Earth Station Renewals

    The Federal Communications Commission denied SpaceX's request to reconsider the agency's renewal of licenses for three earth stations from satellite communications company DBSD Corp., saying in a new order that SpaceX showed little to support its claim that DBSD was using "obstructionist" tactics to interfere with SpaceX operations.

  • July 16, 2024

    DC Circ. Says Iraq Immune To $120M Contract Row

    A D.C. Circuit panel on Tuesday threw out a $120 million judgment levied against Iraq for its refusal to pay a Pennsylvania defense contractor for rebuilding the country's military equipment, ruling after more than a decade of litigation that Iraq is immune from the jurisdiction of the U.S. courts.

  • July 16, 2024

    Ex-Mozambique Official Accused Of $2B Fraud As Trial Opens

    Federal prosecutors told a Manhattan jury Tuesday that Mozambique's former finance minister took $7 million in bribes in a "corrupt" plot to enrich himself and defraud investors after $2 billion in state-backed development projects flopped.

Expert Analysis

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Series

    After Chevron: A Sea Change For Maritime Sector

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    The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Mitigating Risks Amid 10-Year Sanctions Enforcement Window

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    In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    Trump Immunity Ruling Upends Our Constitutional Scheme

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    The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    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.

  • Series

    Boxing Makes Me A Better Lawyer

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    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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