Aerospace & Defense

  • September 25, 2020

    Dems Call To Investigate DOD's CARES Act Spending

    Two more Democratic lawmakers Friday joined a growing list of politicians calling to investigate U.S. Department of Defense spending, following reports that the department redirected most of a $1 billion CARES Act appropriation meant to respond to the COVID-19 pandemic to non-emergency contractors instead.

  • September 25, 2020

    Fighter Jet Acquisition Plan Faces Strong Headwinds

    Air Force acquisition chief Will Roper's ambitious plan to overhaul how the service buys fighter jets faces several significant obstacles, including a limited number of defense companies with the necessary experience and a risk-averse Congress.

  • September 25, 2020

    Trump Admin. Pushes To Erase Injunction Allowing WeChat

    The Trump administration has asked a California federal court to lift a preliminary injunction that bars it from curtailing WeChat's U.S. operations, saying it should be allowed to limit business interactions with the Chinese social media platform until an appeals court rules on the matter.

  • September 25, 2020

    DC Circ. Revives House Bid To Block $8B Border Wall Funding

    The D.C. Circuit revived the U.S. House of Representatives' lawsuit challenging the Trump administration's diversion of $8.1 billion for the border wall, saying Friday that a sole chamber of Congress can sue to preserve its spending authority.

  • September 24, 2020

    McCabe Can Continue Suit Claiming FBI Firing Was Political

    Former FBI Deputy Director Andrew McCabe can go ahead with a suit alleging he was illegally fired for refusing to bend the partisan knee to President Donald Trump, a Washington, D.C., federal court ruled Thursday.

  • September 24, 2020

    Bolton's Defense Of Book Release Meets Skeptical Judge

    A D.C. federal judge repeatedly fired back Thursday at John Bolton's defense team's assertion that the former national security adviser fully complied with his government contract before publishing his highly anticipated White House memoir, which detailed an unflattering account of President Donald Trump's conduct in office.

  • September 24, 2020

    Hawley Pushes Bill To Let Social Media Users Sue Platforms

    Sen. Josh Hawley, R-Mo., urged colleagues from the Senate floor Thursday to advance his bill that would let social media users sue Big Tech platforms if they believe they have been silenced or discriminated against.

  • September 24, 2020

    $14.8B Nuclear Warhead Could Face Production Delays

    A new warhead that could cost up to $14.8 billion to produce — the most expensive nuclear weapons program update since the Cold War — may not meet its production goals, according to the U.S. Government Accountability Office.

  • September 24, 2020

    Boeing Supplier Hits Ch. 11 Citing COVID-19 And 737 Max

    A California company that makes metal parts for the aerospace industry hit Chapter 11 Thursday in Delaware, blaming the COVID-19 pandemic's impact on travel and the grounding of hundreds of planes made by Boeing for its financial problems.

  • September 24, 2020

    Spy Court Backs Broad View Of 'Facility' Open To Surveillance

    The Office of the Director of National Intelligence has declassified a Foreign Intelligence Surveillance Court opinion supporting a novel interpretation of the types of facilities that can be targeted by the government's electronic surveillance.

  • September 24, 2020

    Feds Face 'Extremely Short' Deadline To Argue TikTok Ban

    A D.C. federal judge ordered the Trump administration to respond to TikTok by Friday afternoon if it wants to continue with its planned ban of the popular social media app on Sunday, a deadline the administration's attorneys called "extremely short."

  • September 23, 2020

    White House Politicized Bolton Book Review, Official Says

    An official who oversaw the pre-publication review of former National Security Adviser John Bolton's memoir on Wednesday told a D.C. federal judge overseeing the Trump administration's suit alleging it contained classified information that the "designedly apolitical process" was "commandeered by political appointees" who improperly asserted the book included classified material.

  • September 23, 2020

    Veteran Mental Health Bill Sent To Trump, Other Bills Proceed

    U.S. Senate and House lawmakers passed a sweeping bill Wednesday to address mental health care for veterans, just days after the House passed a host of bills to bolster the national stockpile's medical supplies, update Medicaid benefits and let the government destroy counterfeit medical devices.

  • September 23, 2020

    TikTok Seeks Quick Block Of Trump's Ban On App Downloads

    TikTok Inc. and its Chinese parent company ByteDance Ltd. urged a D.C. federal court on Wednesday to block the Trump administration's plans to outlaw U.S. downloads of the popular short-form video sharing app while a lawsuit over the ban plays out.

  • September 23, 2020

    Tribes Say Mexican Border Wall Curtails Cultural Practices

    A group of Native American tribes based in San Diego County in California has filed suit in D.C. federal court against the U.S. government over its construction of a wall along the Mexican border, claiming the barrier will prevent them from freely accessing cultural sites on both sides of the border.

  • September 23, 2020

    Trump Outlaws Contractors' 'Divisive' Anti-Bias Trainings

    U.S. President Donald Trump late Tuesday prohibited federal contractors from conducting racial sensitivity trainings while partnered with the government in an executive order that looks to cut at the heart of most workplace anti-discrimination trainings.

  • September 23, 2020

    Feds Seek 12 Years For Russian LinkedIn, Dropbox Hacker

    A Russian man found guilty of orchestrating the 2012 cyberattacks against LinkedIn and Dropbox asked a California federal judge on Wednesday to sentence him to time served, a day after prosecutors urged the court to hand down a much harsher sentence of 12 years in prison.

  • September 23, 2020

    State Dept. Not Involving Feds In Forming Cyberspace Bureau

    The U.S. Department of State hasn't involved six key federal agencies in the development of its new Bureau of Cyberspace Security and Emerging Technologies, according to a watchdog report recommending that the department involve these agencies in the project.

  • September 23, 2020

    Bechtel, Others To Pay $58M To End Gov't Overcharge Claims

    Bechtel National Inc. and other government contractors will pay $57.75 million to resolve allegations that for a decade they overcharged taxpayers for labor costs associated with building a radioactive waste treatment plant in Washington state, the federal government said Tuesday.

  • September 23, 2020

    Wolf Fights Claims Of Faulty Succession, Politicization At DHS

    Acting Homeland Security chief Chad Wolf defended his authority to lead the department Wednesday after a congressional watchdog found he was improperly appointed, slamming that finding as "faulty" and "inaccurate" during a Senate hearing to install him permanently.

  • September 23, 2020

    Trump's New Cuba Sanctions Target Rum, Cigars And Hotels

    The Trump administration on Wednesday rolled out new sanctions against Cuba that will forbid Americans from importing alcohol and tobacco products from the island or staying at hotels owned by the Cuban government.

  • September 22, 2020

    House Passes Stopgap Extending Gov't Funding To Dec. 11

    The House of Representatives passed a bill Tuesday to fund the federal government beyond September, the end of fiscal year 2020, giving lawmakers until Dec. 11 to negotiate full-year spending bills while avoiding a federal shutdown.

  • September 22, 2020

    GAO Says Federal Cybersecurity Plan Needs 'Clear' Leader

    The U.S. Government Accountability Office on Tuesday called for the government to name a single official responsible for implementing a federal cybersecurity strategy, saying murkiness around that responsibility was holding the government back from putting the plan into place.

  • September 22, 2020

    GAO Finds Defense Printing Software Deal Properly Awarded

    A Defense Department agency reasonably found that a Maryland company's software met the technical requirements for a nearly $58 million printing contract, according to a U.S. Government Accountability Office decision released Tuesday, which rejected a challenge to the deal.

  • September 22, 2020

    House Dems Slam Pentagon's Pursuit Of Spectrum Sharing

    A pair of House Democrats on Monday criticized the U.S. Department of Defense for floating a trial balloon to push the creation of a government-run next-generation wireless network, saying it would hobble U.S. competitiveness in the global race to deploy 5G.

Expert Analysis

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • A Quick Take On Trump's Contractor Diversity Training Order

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    On Tuesday, President Donald Trump issued an executive order that will prohibit government contractors from including nine concepts in their workplace diversity training materials, which contractors should review now to gauge their risk when the order becomes effective in November, says Lucas Hanback at Rogers Joseph.

  • New 'Buy American' Rules Bear Risks For Prime Contractors

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    A recently proposed Federal Acquisition Regulatory Council rule maximizing the use of American-made goods only applies to a narrow set of procurements, but for prime contractors subject to the Buy American Act, the changes may significantly disrupt supply chains, say Amy Conant Hoang and Erica Bakies at K&L Gates.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • A Close Look At CFIUS' New Critical Tech Reporting Rule

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    A recently finalized rule from the Committee on Foreign Investment in the United States, aligning transaction reporting requirements with export control regulations for critical technology, brings several new considerations for buyers and sellers, says Zlatko Hadzismajlovic at McCarter & English.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Defense Supply Chain Compliance For Midsize Contractors

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    While no formal certification process exists under the International Traffic In Arms Regulations export controls, there are several important steps midsize, second- and third-tier defense contractors can take to achieve supply chain compliance and document readiness to primary contractors concerned about secondary liability, says Thomas McVey at Williams Mullen.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • US Push For Iran Sanctions Heightens Trade Uncertainty

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    The Trump administration’s recent attempt to trigger United Nations sanctions against Iran under the 2015 nuclear deal's dispute resolution mechanism, despite U.S. withdrawal from the accord, adds uncertainty to an increasingly difficult commercial landscape and could strain trade relations between the U.S. and its European allies, say Leigh Crestohl and Stephanie Limaco at Zaiwalla & Co.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

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