Aerospace & Defense

  • July 19, 2019

    Ex-NSA Contractor Gets 9 Years For Classified Doc Theft

    A former National Security Agency contractor was sentenced to nine years in prison on Friday after amassing a hoard of top-secret and other classified documents over the course of roughly two decades, the U.S. Department of Justice announced.

  • July 19, 2019

    States Urge Justices To Reject Trump's Border Wall Funding

    California and New Mexico urged the U.S. Supreme Court on Friday not to stay a federal court ruling that keeps President Donald Trump from pulling $2.5 billion to pay for the construction of a southern border wall, arguing that it would interfere with state laws.

  • July 19, 2019

    Fed. Circ. Revives Suit Alleging Air Force Contaminated Water

    The Federal Circuit on Friday revived two California water districts' case over hexavalent chromium contamination allegedly stemming from a local U.S. Air Force base, saying a lower court had misclassified their claims as a regulatory taking dispute instead of a physical taking case.

  • July 19, 2019

    Fraud Ring Posing As Gov't Officials, DHS Watchdog Warns

    The Department of Homeland Security’s watchdog has issued an alert about a scheme by an Atlanta-based transnational fraud ring that poses as government procurement officials to steal electronics from unsuspecting contractors.

  • July 19, 2019

    China Cries Foul Over Trump's Nuclear Sanctions Dragnet

    The Chinese government on Friday called on the Trump administration to "correct" its latest sanctions enforcement effort, which ensnared a number of Chinese and Belgian companies alleged to have aided in Iran in procuring materials for its nuclear program.

  • July 19, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the owner of a Manchester skyscraper that needed repair sue several underwriters at Lloyd's, a prominent cryptocurrency trader drag a U.K. digital currency exchange into court and an executive for Honeywell sue HSBC Bank PLC. Here, Law360 looks at those and other new claims in the U.K.

  • July 18, 2019

    Trump Wants Review Of $10B JEDI Defense Cloud Deal

    President Donald Trump has ordered a review of the U.S. Department of Defense's contentious $10 billion Joint Enterprise Defense Infrastructure cloud computing procurement, he said Thursday, claiming he had received "tremendous complaints" about the way the department has handled the pending deal.

  • July 18, 2019

    GAO Rejects Protests Over $13.4B Air Force IT Deal

    The Government Accountability Office has denied two companies’ protests over a $13.4 billion multi-award information technology deal, ruling that the Air Force fairly assessed their bids before rejecting them.

  • July 18, 2019

    Trump's Shadow Looms Over Japan-Korea Security Flap

    Japan's decision to restrict its chemical exports to South Korea on national security grounds echoes a number of recent moves by President Donald Trump, leading experts to question whether the administration's creative enforcement of trade laws is beginning to rub off on key U.S. allies.

  • July 18, 2019

    Top DOD Nominees Advance As New Navy Chief Floated

    The Senate Armed Services Committee approved nominations for defense secretary and chairman of the Joint Chiefs of Staff on Thursday, the day after President Donald Trump proposed a new candidate to lead the U.S. Navy following the previous nominee abruptly retiring amid an investigation.

  • July 18, 2019

    Fed. Circ. Revives Army Corps Contracting Row

    The Federal Circuit has breathed new life into a contractor's dispute with the Army Corps of Engineers over $4.1 million the firm says it is owed, finding that an armed services appeals board made a mistake in concluding it didn't have jurisdiction.

  • July 17, 2019

    Stevens Had Key Role In Deciding Limits On Terror Detention

    The broad legacy left behind by Justice John Paul Stevens after his death on Tuesday encompasses important post-9/11 opinions outlining the rights of “enemy combatants” captured during the War on Terror, including a seminal ruling allowing them to try to seek their freedom in U.S. courts.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    CIA Leaker Goes Free Despite Fed Concerns Over Lack Of Job

    A former CIA agent convicted of leaking classified information on U.S. efforts to disrupt Iran's nuclear program was granted an early end to his supervised release Wednesday, despite prosecutors' concern that he is relying on the crowdfunding website GoFundMe rather than getting a job.

  • July 17, 2019

    Kuwaiti Contractor Seeks Fed Circ. Reversal Of $17.2M Offset

    A Kuwait-based logistics contractor urged the Federal Circuit on Tuesday to find that the federal government wrongly withheld roughly $17.2 million from the company to offset purported overpayments under a previous contract, saying a lower court’s contrary decision “imperils the rule of law.”

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    Huntington Ingalls Says $129M Award Holds

    Huntington Ingalls fired back Wednesday at the Venezuelan Ministry of Defense’s argument that a $128.9 million award issued to the shipbuilder can’t be enforced because the tribunal didn’t comply with the terms of the arbitration agreement when it moved the proceedings to Brazil, saying the argument “conveniently ignores the facts of this case.”

  • July 17, 2019

    Tech Not A Tool For Persecuting Religious Minorities, Pai Says

    The world needs to come together to stop governments like China and Myanmar from using the internet as a weapon in their persecution of religious minorities, the head of the Federal Communications Commission said Wednesday.

  • July 17, 2019

    Lawmakers Float Bipartisan Bill To Keep Huawei Blacklisted

    Lawmakers introduced bipartisan legislation Tuesday that would codify President Donald Trump’s decision to bar Chinese telecom Huawei from selling equipment in the U.S., as some of the bill's backers said the president shouldn't be able to use the ban as a bargaining chip in trade talks with China.

  • July 16, 2019

    A Look Back At Justice Stevens' Most Important Opinions

    Justice John Paul Stevens wrote over 1,000 opinions in his 34 years on the U.S. Supreme Court, leaving a footprint in the court’s jurisprudence still visible today. Here, Law360 looks back at his most important decisions, from landmark First Amendment cases to those involving the separation of powers.

  • July 16, 2019

    Justice John Paul Stevens' Brand Of Judicial Humility

    His critics called him a "liberal activist." His fans? A "liberal icon." But those who worked for Justice John Paul Stevens remember a common law judge who took things one case at a time.

Expert Analysis

  • 2 High Court Admiralty Cases Diverge On Common Law's Role

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    Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.

  • Recent IRS Notices Blow Favorable For Wind Projects

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    Two recent IRS notices, adjusting the value of production tax credits and creating a safe harbor for certain U.S. Department of Defense-caused project delays, provide a small breath of fresh air for the onshore wind industry, says David Burton at Norton Rose.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • The Latest Executive Order On Buying American Has Teeth

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    Earlier executive orders aimed at strengthening compliance with the Buy American Act were essentially position statements. Monday’s executive order differs, however, because it proposes a textual change to the Federal Acquisition Regulation, one that would have wide-ranging, potentially disruptive effects on government contractors, say attorneys at Covington.

  • 5 Takeaways From DOJ Focus On Chinese Trade Secret Theft

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    Since its official announcement of the China Initiative eight months ago, the U.S. Department of Justice has publicized the initiation of six new cases that include references to both trade secrets and China. These shed some light on DOJ and U.S. business priorities, says Sara O’Connell at Pillsbury.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Regulatory Push For Transportation Cybersecurity

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    Transportation remains one of the few U.S. critical infrastructure sectors that is not covered by federal cybersecurity mandates. But in the last few months, the White House, the U.S. Department of Homeland Security and Congress have begun raising concerns, and new regulations may be on the way, says Norma Krayem of Holland & Knight.

  • Foreign Investment In US Biotech Gets Greater Gov't Scrutiny

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    Chinese investment in the U.S. biotech industry is attracting increased government oversight, as evidenced by the Committee on Foreign Investment in the United States blocking several such transactions in the last 16 months. Two important proposed rules could materially affect the industry further, say attorneys at Morgan Lewis.

  • What Justices' Deference Opinion Means For Employers

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    The U.S. Supreme Court rewrote the rules on judicial deference to federal agency guidelines with its recent decision in Kisor v. Wilkie. For employers — where agency guidance frequently disclaims authoritative use — it means a lot of settled law is potentially up for grabs, says Steven Katz at Constangy Brooks.

  • How High Court FOIA Ruling Will Help Gov't Contractors

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    The U.S. Supreme Court's recent Food Marketing Institute v. Argus decision will make it easier for government contractors to protect financial information from Freedom of Information Act requests even though the new standard for obtaining a FOIA exemption is somewhat unclear, say James Boland and Christopher Griesedieck of Venable.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Bid Protest Spotlight: Timing, RFP Criteria, Award Calculation

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    In his monthly bid protest roundup, Charles Capito of Morrison & Foerster discusses three June decisions — a U.S. Court of Federal Claims opinion evaluating a highly unusual procedural posture, a U.S. Government Accountability Office finding regarding criteria used to distinguish identical offerors, and a GAO finding about the incorporation of prime contractor fees in award percentages.