Aerospace & Defense

Expert Analysis

• Series

  Pursuing Wellness: When A Firm Brings Counseling On Site

  

  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

  

  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.

• Series

  Pursuing Wellness: Inside A Firm Meditation Program

  

  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.

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.