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Aerospace & Defense
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November 29, 2023
Watchdog Says DLA Fairly Rejected Berets Over Visible Seams
The U.S. Defense Logistics Agency fairly booted an apparel company from the competition for a $13.3 million military berets contract, after the company designed a beret with an unacceptable outside seam, the U.S. Government Accountability Office said.
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November 29, 2023
GAO Backs Army Elevator Repair Deal At Ga. Base
The U.S. Government Accountability Office has denied a protest over a U.S. Army contract for elevator maintenance, saying the Army met its solicitation requirements when it awarded the contract to an allegedly inexperienced company located far from the relevant base.
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November 29, 2023
Survivors Of Attacks Urge Justices To Ax Bank's Immunity
More than 1,100 survivors and relatives of victims of attacks on U.S. forces in Iraq have asked the U.S. Supreme Court to review a ruling that said a Lebanese bank may be protected by sovereign immunity from claims it funded the attacks.
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November 29, 2023
Gov't Contracts Of The Month: Boeing Jets, Robots, IT Deals
The federal government advanced a $2.5 billion plan to modernize the Indian Health Service's health records system, purchased $2.3 billion more of refueling tankers from Boeing, and is weighing adding robots to its $132 billion fast-paced construction of new nuclear submarines. Here are Law360's top government contracts for November 2023.
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November 29, 2023
Jury Finds Aerojet Broke Deals But Didn't Misuse Secrets
A New York federal jury has awarded $850,000 to ValveTech Inc. after finding contractor Aerojet Rocketdyne Inc. flouted a pair of agreements over information relating to a flight valve, but the jury found there was no trade secret misappropriation.
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November 29, 2023
Full Fed. Circ. Won't Rethink US Loss In Farmers' Flood Case
The full Federal Circuit declined Wednesday to reconsider a panel's June decision affirming a more than $7 million award for farmers along the Missouri River who incurred serial flooding of their land, rejecting the federal government's warning the takings ruling could yield "untold billions" in future liability.
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November 29, 2023
NASA Center Doesn't Have To Use County Waste Contractor
The U.S. Government Accountability Office has rejected a protest by Waste Management over NASA's Kennedy Space Center declining to contract with the company for waste disposal services, saying a Florida county's exclusive deal with the company didn't extend to the center.
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November 28, 2023
Disunity Over Surveillance Act May Doom Privacy Protections
Calls to add privacy protections and anti-abuse measures to a controversial electronic surveillance law have never been louder, but divergent ideas about what needs to change within the statute and dysfunction within Congress could limit prospects for meaningful changes.
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November 28, 2023
Defense Contractor's Fraud Frees DLA Of Repayment Duty
The U.S. Armed Services Board of Contract Appeals freed the military from covering potentially hundreds of millions of dollars' worth of costs incurred by a food supplier that pled guilty to overcharging the military on a defense contract.
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November 28, 2023
Boeing Must Offer Settlements, Soon, In Ethiopian Air Cases
An Illinois federal judge gave Boeing a week to offer settlements in every remaining lawsuit over a 2019 Ethiopian Airlines crash and said he would wait to set more trials after the aerospace giant pleaded Tuesday for "a chance" to negotiate without a trial date lurking in the shadows.
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November 28, 2023
RTX Shareholder Moves Jet Engine Stock Feud To Del.
An RTX Corp. stockholder has agreed to move from Connecticut to Delaware a proposed federal derivative suit accusing the former Raytheon jet engine-maker of failing to disclose reliability and fuel economy problems with a mainstay line of turbofan engines, costing the company billions.
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November 28, 2023
2nd Circ. Upholds Ex-CEO's Conviction For Manafort Bribe
The Second Circuit on Tuesday upheld former Federal Savings Bank CEO Stephen Calk's conviction for giving former Donald Trump staffer Paul Manafort $16 million in loans in exchange for a chance at a job in the White House, rejecting a series of evidentiary and procedural arguments raised by Calk.
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November 28, 2023
Feds Want No Prison Time For Ex-NY Atty Who Aided Oligarch
The government asked a New York federal judge this week to allow a former real estate attorney, who admitted to participating in a money laundering scheme to help a Russian oligarch evade U.S. sanctions, to receive no prison time, despite the guidelines calling for 37 to 46 months.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
3M, Other Cos. Beat 11 Million-Member PFAS Class At 6th Circ.
The Sixth Circuit on Monday vacated a district court's order certifying a class of 11 million Ohio residents who claim 3M, Chemours and other companies put their health at risk by manufacturing and selling products with "forever chemicals," instructing the lower court to toss the "ambitious" case.
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November 27, 2023
US, UK Unveil Global Agreement For Securing AI Systems
Cybersecurity officials in the U.S. and U.K. on Monday rolled out first-of-their-kind guidelines, backed by more than a dozen other countries, that are intended to help ensure developers of artificial intelligence systems are building and deploying secure products.
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November 27, 2023
State Dept. Urged To Improve Embassy Power Plant Planning
A U.S. Department of State watchdog has called on the agency to improve planning, contracting and oversight processes for its power plant projects amid ongoing performance issues with an $118 million project at the U.S. Embassy in Iraq.
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November 27, 2023
NTIA Says It's Working On Space Industry's Spectrum Needs
A U.S. Commerce Department branch told the Federal Communications Commission it is working to identify the space industry's spectrum needs as the FCC looks to assist NASA and other federal agencies' efforts to boost in-space assembly and manufacturing services.
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November 27, 2023
West Point Says Admissions Policy Critical To Military Fitness
West Point urged a New York federal court not to bar it from considering race in its admissions process, arguing its guidelines are intertwined with the country's military readiness and distinct from civilian university policies struck down by the U.S. Supreme Court earlier this year.
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November 27, 2023
Sullivan & Cromwell Guides $800M L3Harris Aviation Unit Sale
Sullivan & Cromwell-advised L3Harris Technologies said Monday it has agreed to sell its commercial aviation business to New York-based private equity firm TJC LP for $800 million.
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November 27, 2023
Defense And Judicial Posts Top Schumer's Year-End Priorities
Breaking through the hold on military promotions and continuing to confirm judicial nominees will be among the top priorities for the Senate for the rest of the year, Senate Majority Leader Chuck Schumer, D-N.Y., said.
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November 27, 2023
Air Force Looks To Nix Black Worker's Race, Age Bias Suit
The U.S. Air Force urged a Georgia federal court to toss a Black man's suit alleging he was passed over for a promotion in the military branch in favor of a less-experienced, younger, white man, arguing he didn't properly serve the suit.
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November 22, 2023
GAO Denies Consultant's Protest Of Navy Navigation Contract
The U.S. Government Accountability Office has denied a maritime consulting firm's challenge to a Navy contract award to a competitor, finding that since the firm didn't meet the criteria for receiving the award, its sole competitor was the Navy's only acceptable vendor for the award.
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November 22, 2023
DISA Taps Agile Defense For Disputed $1B Testing Deal
After fending off several legal challenges to a $1 billion testing contract, the U.S. Defense Information Systems Agency has awarded Virginia IT firm, Agile Defense, with the support deal.
Expert Analysis
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Contracts Disputes Recap: Be Mindful Of Termination Clauses
Edward Arnold and Sarah Barney at Seyfarth examine three recent rulings — one from the U.S. Court of Federal Claims and two from the Armed Services Board of Contract Appeals — that highlight the termination clause as one of the most potent remedy-granting contract clauses.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Best Practices For Defense Tech Startup Financing
Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny
In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.