Aerospace & Defense

Expert Analysis

• Tide Is Turning Against FCA Case Dismissals

  

  The U.S. Supreme Court’s recent decision not to resolve a circuit split over the proper standard for deciding government motions to dismiss whistleblower suits is a Pyrrhic victory for potential defendants, given bipartisan pressure in the Senate and from the White House to reign in such dismissals, say attorneys at McGuireWoods.

• Law Firms, Know Who's Responsible For Your Cloud Security

  

  Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

• Benefits For Law Firms Venturing Into New Services

  

  By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

• How Anti-Corruption Push Affects US Cos. Operating Abroad

  

  A recent Biden administration memo, and an anticipated increase in enforcement related to transnational fraud, money laundering and corruption, means that U.S. companies and financial institutions with operations abroad should take concrete steps to stave off U.S. Department of Justice scrutiny, says Andrey Spektor at Bryan Cave.

• Series

  Embracing ESG: Exelon GC Talks Diversity Initiatives

  

  Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

• Rebuttal

  FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

  

  While a recent Law360 guest article suggests that the U.S. Department of Justice consider dismissing all False Claims Act cases it declines, that policy would undermine the FCA's broad remedial purpose of empowering private citizens to combat fraud against the government, say Jacklyn DeMar at Taxpayers Against Fraud Education Fund and Renée Brooker at Tycko & Zavareei.

• Revamping Law Firm Marketing Lists — With Partner Buy-In

  

  Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

• Gov't Contractor Input Vital After Biden Cybersecurity Order

  

  The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

• The Murky World Of Legal Rankings Gets Some Clarity In NJ

  

  New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

• Subcontractor Affiliation Pitfalls For SBA Graduates To Avoid

  

  A recent U.S. Small Business Administration size appeal decision highlights compliance traps for unwary SBA graduates that continue to perform set-aside work as subcontractors to SBA program participants, and shows that competitors may try to use the ostensible subcontractor rule against graduates and their partners, say Jonathan Shaffer and Daniel Ramish at Smith Pachter.

• Series

  Embracing ESG: Cigna Counsel Talks Employee Wellness

  

  Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

• 5 Steps For Legal Teams To Mitigate Industrial Cyber Risk

  

  While cyberattacks on critical infrastructure and other industrial systems present distinct legal risks from traditional enterprise cybersecurity, legal teams can draw upon familiar risk management practices to strengthen their industrial cybersecurity posture, say Stephen Lilley and Veronica Glick at Mayer Brown and Ben Miller at Dragos.

• Hybrid Work Models Are Key To Gender Parity In Law Firms

  

  To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

• Digging Into FCA Stats: Litigation's Return On Investment

  

  The outsized cost of False Claims Act cases shows why the U.S. Department of Justice should increase its monitoring and dismissal of weaker, declined qui tam cases to maximize its return on investment and minimize the impact on industry and courts, says Ralph Mayrell at Robbins Russell.

• 3 Keys To Winning Your Next Oral Argument

  

  To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.