Aerospace & Defense

  • June 29, 2022

    Boeing Can't Escape Fired Worker's Intentional Distress Claim

    An Illinois federal judge cut most of an ex-Boeing employee's claims that his supervisors terminated him for taking extended disability leave but left Boeing on the hook for his allegation that the company purposely caused emotional distress by stringing him along only to fire him when he tried to return.

  • June 29, 2022

    Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife

    Federal prosecutors in Boston dismissed charges against the wife of a former Analog Devices Inc. engineer after the husband largely beat a case alleging he stole company trade secrets to jump-start his own computer chip business.

  • June 29, 2022

    Justices Say Texas Not Immune To Military Discrimination Suit

    The U.S. Supreme Court ruled Wednesday that state employers do not have sovereign immunity to a military anti-discrimination law, reviving a former Texas state trooper's allegations that he was unlawfully forced out of his job due to injuries from his Army service.

  • June 28, 2022

    Judge Skeptical Of Sikhs' Suit Over Marine Corps Beard Ban

    Three Sikhs suing to block the Marine Corps from forcing them to shave their beards while in basic training faced strong skepticism on Tuesday after a D.C. federal judge repeatedly suggested the prospective recruits could join other branches of the military that have relaxed boot camp rules.

  • June 28, 2022

    Veteran Opposes 3M's Gov't Contract Defense In Earplug Suit

    A U.S. Army veteran who won $1.7 million over hearing loss attributed to 3M earplugs hit back at the company's attempt to revive the dispute, telling the Eleventh Circuit that a lower court correctly shut down its bid to claim immunity as a government contractor.

  • June 28, 2022

    Ukraine Can Arbitrate Against Russia Over Sailor Detention

    Ukraine has snagged a key victory against Russia in arbitration over the 2018 detainment of Ukrainian naval vessels and service members after a Permanent Court of Arbitration tribunal rejected the Kremlin's jurisdictional objections, Ukraine's counsel at Covington & Burling LLP said Tuesday.

  • June 28, 2022

    EPA Can't Justify Lax Airline Greenhouse Gas Rule, Court Told

    Blue states and environmental groups have told the D.C. Circuit that federal rules for airline greenhouse gas emissions are too lax, won't meaningfully address the climate crisis and are an abdication of clear statutory requirements of the Clean Air Act.

  • June 28, 2022

    Feds Ask For Vigilance On Russian Export Sanctions

    Bureaus of the U.S. Treasury Department and U.S. Commerce Department urged financial institutions Tuesday to monitor for efforts of Russia and Belarus to evade export sanctions related to the invasion of Ukraine, providing some pointers that could help keep certain equipment out of the hands of Russia's military. 

  • June 28, 2022

    3rd Circ. Casts Doubtful Eye On Auto Glass Co. In PPG IP Row

    A Chinese automobile glass company that allegedly ripped off PPG Industries' aircraft windshield trade secrets appeared to have a difficult time convincing the Third Circuit on Tuesday that, despite its decision to participate in the lawsuit only after being slapped with a default judgment, PPG isn't entitled to $26 million in damages.

  • June 27, 2022

    Biden Issues Tariff Hike On Certain Russian Goods

    The White House announced on Monday that it would raise levies to 35% on certain Russian imports not already prohibited in the U.S., in accordance with its suspension of trade relations with Russia amid the country's war on Ukraine.

  • June 27, 2022

    Chancery Nixes Aerojet CEO's Bid For Neutral Counsel

    Aerojet Rocketdyne Holdings Inc.'s board chairman will preside over an upcoming meeting where shareholders will vote for directors, the Delaware Chancery Court ruled Monday, rejecting a bid from the chair's rival, the company's CEO, for neutral counsel to conduct the meeting.

  • June 27, 2022

    3rd Circ. Urged To Allow Ammo Maker's Tort Claims

    Ammunitions broker Battle Born Munitions Inc. asked the Third Circuit to overturn a lower court's finding that it can't bring tort claims against its vendor Dick's Sporting Goods Inc., saying that Dick's knew it would not accept delivery of store-branded bullets when it said it would.

  • June 27, 2022

    Balwani's Trial Features Tears, Tension And Holmes' Shadow

    On the heels of ex-Theranos CEO Elizabeth Holmes' high-profile trial and conviction, former Theranos executive Ramesh "Sunny" Balwani's criminal fraud trial has had its own memorable moments, from contentious exchanges between defense counsel and the judge to emotional witness testimony.

  • June 27, 2022

    Justices Reject Suits Over Banks' Onus In Terror Funding

    The U.S. Supreme Court on Monday declined a consolidated case seeking to hold National Westminster Bank PLC and Credit Lyonnais SA responsible for a series of terrorist attacks in Israel after a Hamas-linked charity obtained their banking services.

  • June 27, 2022

    Frontier Urges Spirit Investors To Approve $6.6B Merger

    Frontier Airlines Inc. published an open letter to Spirit Airlines investors Monday, urging them to approve the $6.6 billion merger between the two companies at a special shareholder meeting this week and reject the "opportunistic" bid from JetBlue for Spirit.

  • June 27, 2022

    Russia's War Is Complicating US M&A In The UK And Europe 

    Since Russia invaded Ukraine, U.S. appetite for acquisitions in the U.K. and Europe has dampened, as experts say the headwinds of war, combined with inflation and rising interest rates, have combined to create an overall challenging global environment.

  • June 24, 2022

    Texas Can't Preliminarily Block National Guard Vax Mandate

    A Texas federal judge on Friday refused to preliminarily halt the Biden administration's COVID-19 vaccination mandate imposed on the Texas Army National Guard and the Texas Air National Guard, finding that the president appears to have the authority to exclude individuals from guard membership.

  • June 24, 2022

    Liberian Civil War General Charged With Immigration Fraud

    An alleged war criminal and former commanding general of Liberia's armed forces during the country's first civil war has been charged with immigration fraud and perjury, according to Philadelphia federal prosecutors.

  • June 24, 2022

    'Trust Your Eyes,' Feds Urge As Balwani Charges Go To Jury

    A California federal jury began deliberations Friday on the criminal fraud case against ex-Theranos executive Ramesh "Sunny" Balwani after federal prosecutors made their final argument urging jurors to "trust your eyes" and find Balwani deceived investors and influenced the company's younger and less experienced CEO, Elizabeth Holmes.

  • June 24, 2022

    WTO Official Stresses Close Trade Ties Amid Global Crises

    World Trade Organization Deputy Director-General Angela Ellard said Friday that close trade ties and a strengthened WTO are key to helping solve a recent surge of global calamities.

  • June 24, 2022

    Commerce Sets Early Duties On Russian Sodium Compound

    The U.S. Department of Commerce has set preliminary anti-dumping duties and final countervailing duties on imports of a Russian sodium compound used in military weapons that were found to be subsidized and sold in the U.S. at unfairly low prices.

  • June 24, 2022

    Feds Say Contractors Duped US Out Of $7M With Sham Bids

    A military contractor and three individuals are accused of conning the government out of more than $7 million through an elaborate scheme involving bogus quotes from competitors that ensured theirs was the lowest bid, federal prosecutors in Georgia said Thursday.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 24, 2022

    UK Signals OK For Cobham's £2.6B Defense Co. Takeover

    The British government has signaled its approval of the planned £2.57 billion ($3.16 billion) acquisition of defense manufacturer Ultra Electronics by Cobham, a private equity-backed technology company.

  • June 23, 2022

    Balwani Rips Feds' 'Incomplete' Case As Trial Nears End

    Ex-Theranos executive Ramesh "Sunny" Balwani's attorney concluded the third day of his closing arguments in Balwani's criminal fraud trial Thursday, arguing that the government's "incomplete" case selectively focused on former employees and investors who portrayed themselves as heroes or victims to the "radioactive" Theranos, even though they were once its cheerleaders.

Expert Analysis

  • EPA's New PFAS Listings Raise Enforcement, Litigation Risks

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    The U.S. Environmental Protection Agency's recent addition of five per- and polyfluoroalkyl substances to a list of risk-based values for regional screening and removal management levels increases the risks of litigation and government enforcement related to PFAS contamination — and companies should prepare for a roller coaster of further regulatory actions, say attorneys at Alston & Bird.

  • Opinion

    Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

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    The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • What Outbound Investment Reviews Would Mean For US Cos.

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    A recent legislative proposal to establish outbound investment controls appears more sweeping than its predecessors and, if enacted, may significantly affect deal timing, feasibility and certainty for U.S. investors and companies engaging in ex-U.S. transactions, particularly those involving China, say Mario Mancuso and Luci Hague at Kirkland.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Opinion

    Aviation Watch: Why Boeing Pilot's Indictment Was Misguided

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    Criminal fraud charges against test pilot Mark Forkner related to the Boeing 737 crashes — charges of which he was recently acquitted — appear to have been an effort to whitewash the failures of Boeing and the Federal Aviation Administration, and highlight that civil remedies are a better solution in such cases, says Alan Hoffman, a retired attorney and aviation expert.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Bid Protest Spotlight: Errors, Subcontractors, Bundling

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    In this month's bid protest roundup, Alissandra McCann at MoFo looks at three rulings against protesters that offer reminders on the high cost of clerical errors in proposals, limitations on protest grounds arising from subcontractor reliance, and bundling provisions in the Small Business Act that sometimes provide pre-award protest grounds.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

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