Aerospace & Defense

  • September 18, 2019

    9th Circ. Won't Revive Suit Over Army's Youth Diabetes Care

    The Ninth Circuit on Wednesday upheld a lower court's dismissal of an American Diabetes Association lawsuit over diabetes care in the U.S. Army's Child, Youth and School Services programs, finding it is moot because the policy was updated and lacks standing because the organization did not show any injury. 

  • September 18, 2019

    House Dems Ask DOD For More Info On Trump Resort Stays

    Top Democrats on the House Oversight Committee on Wednesday reiterated their demand that the U.S. Department of Defense hand over records related to Air Force personnel staying at President Donald Trump’s resort in Scotland during layovers at a nearby civilian airport.

  • September 18, 2019

    Senate Bill Would Establish Center To Fight Election Meddling

    A pair of U.S. Senate Democrats, including 2020 presidential hopeful Amy Klobuchar, is pressing election security legislation that would require the intelligence community to create a new information-sharing center to combat foreign interference. 

  • September 18, 2019

    Texas Court Rejects $14M Fee Bid After $21M IP Verdict

    A Texas federal judge said Wednesday that both sides were off-base in a fight over attorney fees after a jury found an EchoStar Corp. unit liable for $21 million for infringing on a defense contractor's satellite network patent.

  • September 18, 2019

    Senate Dems Block Gov't Funding Bill Amid Border Wall Fight

    Senate Democrats on Wednesday derailed a Republican attempt to take up a government spending package as the fight over funding for President Donald Trump’s long-promised border wall continues on Capitol Hill.

  • September 18, 2019

    Army Owes $48M For Security Transit Delays, Fed. Circ. Told

    Kellogg Brown & Root Services Inc. is urging the Federal Circuit to reverse an appeals board’s decision that the Army doesn’t owe the company $48 million in reimbursements for delaying security transportation for builders on a military housing project in Iraq.

  • September 18, 2019

    Ex-Arms Dealer Hit With Sanctions Bid In Memoir IP Suit

    The co-writer of the memoir "Once a Gun Runner" who is embroiled in a copyright dispute with the book's subject — a former international arms dealer — over ownership of the work, told a Florida federal court Tuesday it should sanction the former arms dealer and his attorneys for continuing to pursue the case in federal court.

  • September 18, 2019

    Professor’s Case Draws Hard Line On Foreign Conflicts

    Corruption charges against a University of Kansas researcher show the U.S. Department of Justice is taking a hard line against U.S.-based researchers suspected of having undisclosed foreign conflicts, even where they aren't accused of espionage or trade secret theft.

  • September 18, 2019

    Trump Orders More Sanctions On Iran After Saudi Oil Attack

    President Donald Trump on Wednesday said he has instructed the U.S. Treasury Department to "substantially increase" sanctions on Iran as tensions mount between the two countries over suspicions that the Middle East nation was behind a recent attack on Saudi Arabian oil sites.

  • September 18, 2019

    DOD Role Key To Curb Chinese Control Of Rare-Earth Market

    China's domination of the worldwide market for rare-earth minerals used in many defense systems creates a significant national security issue, and the Pentagon's response will have a big impact on whether domestic rare-earth sources can be used to alleviate the issue.

  • September 18, 2019

    One Aviation Ch. 11 Plan Confirmed With Creditor Support

    Bankrupt aircraft builder One Aviation Corp. brought its turbulent Chapter 11 case in for a smooth landing Wednesday when a Delaware judge confirmed its plan of reorganization that will swap its secured debt for equity while providing recoveries for unsecured creditors.

  • September 18, 2019

    Certain US Allies May See Expedited CFIUS Reviews

    Foreign acquirers hailing from certain U.S.-allied countries may soon see their inbound transactions breeze through the national security review process, based on recently released draft rules for an overhaul of the Committee on Foreign Investment in the United States.

  • September 18, 2019

    Terror Damages Apply Retroactively, Justices Told

    U.S. government employees and their families affected by al-Qaida terrorist bombings in 1998 have told the U.S. Supreme Court that Sudan owes them punitive damages for backing the terrorist group, arguing that an exception to foreign sovereign immunity applies retroactively.

  • September 18, 2019

    UK Flags Security Concerns With Advent's £4B Defense Deal

    The British government announced Wednesday that it has launched an investigation into the planned £4 billion ($5 billion) combination of private equity firm Advent International Corp. and U.K. defense firm Cobham PLC, citing national security concerns.

  • September 18, 2019

    Trump Names Hostage Negotiator As New Security Adviser

    President Donald Trump on Wednesday chose the U.S.’ chief hostage negotiator Robert O’Brien as his new national security adviser, replacing John Bolton who was forced out after clashing with the president on a number of policy issues.

  • September 17, 2019

    House Sets Up Negotiations On $738B 2020 Defense Bill

    The House of Representatives agreed unanimously Tuesday to conference with the Senate on the $738 billion National Defense Authorization Act for 2020, but rejected a Republican move to replenish Pentagon funds diverted to building the contentious southwest border wall.

  • September 17, 2019

    Alleged Ex-CIA Leaker Says Recordings Shouldn't Be Secret

    Attorneys for a former CIA programmer accused of spilling secrets to WikiLeaks continued to push for the declassification of several recordings of his conversations made in public places, telling a New York federal court Tuesday that the spy agency cannot justify keeping the recordings secret.

  • September 17, 2019

    Feds, ACLU Reach Deal On Immigration Screening Docs

    The U.S. Department of Homeland Security has agreed to turn over information to the American Civil Liberties Union about a law enforcement immigration screening program that the civil rights group said could be encouraging racial profiling.

  • September 17, 2019

    NSA Leaker Snowden Violated NDA With New Book, Feds Say

    The U.S. Justice Department claims the publication of whistleblower Edward Snowden's new tell-all memoir breached nondisclosure agreements he signed as a National Security Agency contractor, according to a lawsuit filed Tuesday in which the government aims to seize proceeds of the book's sales.

  • September 17, 2019

    Banks Escape Suit Linking Work With Iran Gov’t To Terrorism

    A New York federal judge has tossed a suit from veterans accusing 10 banks of helping fund terrorism, ruling that the allegation the banks conspired with Iranian entities to avoid U.S. sanctions doesn’t mean they directly financed terrorist activities.

  • September 17, 2019

    DOD Runs Out Of Funds For 3 Border Wall Projects

    The U.S. Department of Defense won’t proceed with 20 miles of barriers along the southern border after running out of money for the project, it told a Washington, D.C., federal court Monday as part of several disputes over the use of military funds for the contentious border wall.

  • September 17, 2019

    FCC Probing Chinese Telecoms' US Clearance, Commish Says

    The Federal Communications Commission is still probing whether two Chinese telecom carriers should be allowed to continue operations in the U.S., a Democratic FCC member said Tuesday, adding that recent pressure from Capitol Hill is welcome but that the agency must also take a broader look at the security of infrastructure projects.

  • September 16, 2019

    Sens. Ask FCC To Review 2 Chinese Telecoms Operating In US

    Senate Minority Leader Chuck Schumer, D-N.Y., and Sen. Tom Cotton, R-Ark., on Monday asked the Federal Communications Commission to review two Chinese telecom companies' authorizations to operate in the U.S., citing national security risks.

  • September 16, 2019

    Russian Trolling Case Tentatively Set For April 2020

    A D.C. federal judge on Monday penciled in April 6 of next year as the start date of a jury trial for a Russian company that former special counsel Robert Mueller charged with running a disinformation campaign to influence the 2016 presidential election in favor of then-candidate Donald Trump.

  • September 16, 2019

    South Korea Launches WTO Challenge To Japan Export Curbs

    South Korea complained to the World Trade Organization on Monday that Japan’s recent decision to restrict certain chemical exports for purported national security reasons breaches international trade agreements.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Dorian Update: How State Laws Protect Service Members

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    In the wake of Hurricane Dorian's devastation, creditors should take note of the laws Florida, Georgia and the Carolinas have in place to protect members of the National Guard called to service as part of response efforts, say attorneys at Buckley.

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    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Commerce Move Affects Exports To Chinese Nuclear Co.

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    The U.S. Department of Commerce’s recent addition of China's largest nuclear power company, the China General Nuclear Power Group, to its entity list dramatically increases the scope of U.S. export restrictions on CGN, even prohibiting the export of low-technology consumer goods and software, say attorneys at Winston & Strawn.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • TM Rights Vs. Free Speech In Humvee Call Of Duty Case

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    The New York federal court case AM General v. Activision, involving use of the trademarked "Humvee" vehicle in a First-Amendment-protected video game, is set to have wide-ranging legal, creative and brand implications across a host of industries, says David Jacoby of Culhane Meadows.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • Audit Shows Where DOD Cyber Enforcement Is Headed Next

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    Contractors can expect the U.S. Department of Defense to ramp up its oversight and enforcement efforts to protect controlled unclassified information on contractor-owned networks and systems, in order to address common noncompliance deficiencies revealed in a recent government audit, say Todd Overman and Roee Talmor at Bass Berry.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • COFC Case Reveals Longevity Of Online Copyright Claims

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    The recent U.S. Court of Federal Claims copyright case APL v. U.S. highlights how even a long-forgotten webpage last modified over a decade ago can still support a copyright lawsuit if a single viewer accessed the page within three years of filing a claim, says Eric Goldman of Santa Clara University School of Law.

  • Adapting To Gov't Contractor Rules Banning Chinese Telecom

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    The U.S. government's revised Federal Acquisition Regulation, which prohibits federal agencies from acquiring telecommunications equipment and services produced by certain Chinese companies, applies across a strikingly broad range of contract values and types, say David Fletcher and Julia Fox at Perkins Coie.

  • Bid Protest Spotlight: Critical Info, Timeliness, Classification

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    In this month's bid protest roundup, Alissandra Young of Morrison & Foerster looks at three August U.S. Government Accountability rulings — covering agency decisions to withhold proprietary data from prospective offerors, the GAO's strict timeliness rules regarding challenges to improprieties of solicitations, and agency classification of a procurement.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Growth In Global Export Controls Could Harm Tech Industry

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    Recently proposed Chinese export control legislation demonstrates how current nationalist trends are throwing up fences at a time when the world’s technology development is more interwoven across borders than ever, say Reid Whitten and Julien Blanquart at Sheppard Mullin.