Aerospace & Defense

  • October 15, 2021

    Attys Hope For Clarity With Justices' Interest In Fraud Claims

    Whistleblowers and contractors have struggled for more than a decade with inconsistent standards across the country for bringing forward fraud allegations, but the U.S. Supreme Court's recent interest in a case that appears to overcome deficiencies in previous petitions could bring clarity.

  • October 15, 2021

    Claims Court Wants Analysis Of Marine Corps' Small-Biz Deal

    A Court of Federal Claims judge has directed the U.S. Small Business Administration to analyze whether a disputed sole-source Marine Corps small-business contract would have an adverse effect on other smaller companies, saying it had wrongly failed to do so earlier.

  • October 15, 2021

    Theranos' Test Demo Hid Failures From Investors, Jury Told

    A former Theranos senior project manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Friday that he gave potential investors tours of the startup's headquarters and helped set up demonstrations using Theranos' blood-testing devices, which were, on at least one occasion, programmed to shield protocol failures.

  • October 15, 2021

    DOJ Lands 1st Indictment Of Many Expected In 737 Max Probe

    The criminal indictment of The Boeing Co.'s former chief technical pilot for allegedly duping federal safety regulators during their review of the 737 Max is the first of what's likely to be many, as the U.S. Department of Justice vows to vigorously prosecute individuals undermining public safety.

  • October 15, 2021

    DOJ Wants AECOM Worker Deposed On Time For Katrina Suit

    The U.S. Department of Justice urged a Louisiana federal court in a letter Friday to greenlight the scheduled deposition of a former AECOM project officer accused of falsifying reports to defraud FEMA's Hurricane Katrina relief fund, despite opposition from the company.

  • October 15, 2021

    Biden Officials Say Tracking Is Key To Enviro Justice Efforts

    The Biden administration is working on ways to keep track of its progress on environmental justice objectives, including through a scorecard for the various arms of the federal government, senior officials said Friday.

  • October 15, 2021

    Claims Court Finds No Bias In Navy Rejecting R&D Proposal

    A Court of Federal Claims judge has rejected a technology company's protest over its exclusion from a Navy small business research and development deal, saying the company hadn't shown Navy evaluators were biased against the firm or acted unreasonably.

  • October 15, 2021

    New DOJ Tip Line Targets Central American Corruption

    The U.S. Department of Justice on Friday unveiled a new tip line for reports of possible bribery and money laundering tied to El Salvador, Guatemala and Honduras, the latest in President Joe Biden's global anti-corruption push and related efforts to control migration.

  • October 14, 2021

    Ex-Boeing Chief Technical Pilot Indicted Over 737 Max Probe

    A Texas federal grand jury on Thursday indicted a former chief technical pilot for Boeing Co. on fraud charges, alleging he misled a Federal Aviation Administration evaluation of the 737 Max and withheld crucial information about the plane's flight controls.

  • October 14, 2021

    Holmes Prayed As WSJ Reporter Raised Doubts, Jury Told

    A California federal magistrate judge Thursday rejected ex-Theranos CEO Elizabeth Holmes' efforts to exclude ex-Wall Street Journal reporter and "Bad Blood" author John Carreyrou from watching her criminal fraud trial, while the jury viewed text messages showing she was "praying literally nonstop" as Carreyrou's investigation raised doubts about Theranos' technology.

  • October 14, 2021

    FBI's Ex-No. 2 McCabe Inks Deal Over 'Political' Firing

    Former FBI Deputy Director Andrew McCabe reached a settlement with the federal government of a suit alleging he was illegally fired for refusing to enact the political agenda of former President Donald Trump, telling a Washington, D.C., federal court on Thursday that the deal makes McCabe eligible for his full pension and other retirement-related benefits.

  • October 14, 2021

    Prof Says Navy Employment Can't Excuse Harassment

    A national defense expert suing Navy personnel for harassment and retaliation in Maryland federal court pushed back against their attempt to dodge her suit by claiming immunity as federal employees, saying the allegations are outside the scope of their employment.

  • October 14, 2021

    FAR Council Ponders Rule To Mitigate Contract Climate Effect

    The Federal Acquisition Regulatory Council on Thursday said it may propose a rule aimed at minimizing the climate impact of major federal procurements, aimed especially at reducing greenhouse gas emissions by contractors. 

  • October 14, 2021

    Watchdog Backs Tenn. Co.'s $259M Army Support Deal

    A federal watchdog backed a Tennessee contractor's $259 million deal to provide the U.S. Army logistical support services, rejecting two rival bidders' claims that their proposals were unreasonably evaluated.

  • October 14, 2021

    Army Delays $22B Microsoft Headset Program

    The U.S. Army has pushed back the deployment of augmented reality headsets for soldiers developed under a high-profile, up-to-$21.9 billion deal with Microsoft Corp., it confirmed Thursday.

  • October 13, 2021

    Ex-Walgreens Exec Told Holmes 'Haters Are Everywhere'

    Former Walgreen Co. Chief Financial Officer Wade Miquelon testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Wednesday that he encouraged Walgreens' CEO to enter a $140 million deal with the blood-testing startup and tried to comfort Holmes as Theranos faced public scrutiny, writing her in 2015 that "haters are everywhere."

  • October 13, 2021

    DC Circ. Balks At DOJ In Fight To ID Mueller Probe Witnesses

    Two D.C. Circuit judges chided the U.S. Department of Justice on Wednesday over its explanation to withhold information about former special counsel Robert Mueller's decision not to bring campaign finance charges against Trump 2016 campaign officials even though their identities were released in public documents.

  • October 13, 2021

    Watchdogs Want Trump Org Blocked From Federal Contracts

    A pair of watchdog groups and a law professor have urged federal agencies to suspend the Trump Organization from contracting, saying recent indictments, settlements and a critical congressional report show the company is not fit to work with the government.

  • October 13, 2021

    VA Says Bill's Proposed Medical Pot Study Is Too Broad

    A House subcommittee on Wednesday pressed U.S. Department of Veterans Affairs directors on why they did not support a bipartisan bill ordering the department to conduct clinical trials on the potential benefits of medical marijuana.

  • October 13, 2021

    Retired Ambassador Tapped To Lead Afghan Resettlement

    Retired Ambassador Elizabeth Jones will coordinate the U.S. Department of State's efforts to relocate and resettle Afghan nationals who left the country amid the U.S. withdrawal of troops, according to the department.

  • October 13, 2021

    Dish Says Rural Broadband Not Enough To Justify Starlink

    The Federal Communications Commission can't use the goal of expanding rural broadband as a trump card to approve projects like SpaceX's massive Starlink satellite internet constellation without properly vetting them, a rival satellite provider has told the D.C. Circuit.

  • October 13, 2021

    Jury To Hear Harvard Prof's FBI Tape After Miranda Claim Fails

    A Harvard professor indicted on grant fraud and tax charges didn't make it clear enough that he wanted a lawyer present for his post-arrest interview when he told FBI agents, "I guess I think probably I should have ah, an attorney," a Boston federal judge said Wednesday.

  • October 13, 2021

    Texas Residents Say SpaceX Can't Kick Them Off The Beach

    Texas's state land office has been accused of violating the state constitution by frequently and unpredictably closing a beach along the Gulf of Mexico so that Elon Musk's SpaceX can launch rockets at a nearby facility.

  • October 13, 2021

    Ports, Retailers Pivot To 24/7 To Tackle Supply Chain Crunch

    The Biden administration said early Wednesday that the Port of Los Angeles, mega-retailers such as Walmart, and delivery giants FedEx and UPS will soon pivot to operating 24/7, as part of a sprawling plan that enlists private sector companies and labor unions to help ease the global supply chain crunch.

  • October 12, 2021

    Latham Helped Vet Theranos Deal, Ex-Safeway CEO Says

    Safeway's former CEO Steven Burd testified under cross-examination from Elizabeth Holmes' attorney on Tuesday that the grocery chain hired Latham & Watkins LLP to help conduct due diligence on Theranos before agreeing to their $55 million deal, and confirmed that the firm helped him prepare for testifying.

Expert Analysis

  • How Canceling The Border Wall Affects Gov't Contractors

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    President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

  • New Contractor Insights On 'Other Transaction' Bid Protests

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    Based on recent case law, including the U.S. Court of Federal Claims’ recent ruling in Kinemetrics v. U.S., contractors interested in protesting so-called other transaction agreements should focus not on whether to file but on which federal court is appropriate for doing so, say Locke Bell and Krista Nunez at MoFo.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Behind The Curtain At Commerce's Operating Committee

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    Mi-Yong Kim at Bass Berry, former chair of the U.S. Department of Commerce's Export Administration Operating Committee, demystifies the obscure administrative body's decisions, which can make or break international transactions, and explains how the committee is poised to play a greater role as export controls become more complex.

  • Bid Protest Spotlight: Standing, Line Items, Source Selection

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    In this month's bid protest roundup, Alissandra Young and Michaela Thornton at MoFo look at three decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, each involving a U.S. Department of Veterans Affairs solicitation and each with its own important reminder for disappointed bidders.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Boeing Case Highlights Risk For Health, Life Sciences Boards

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    The Delaware Chancery Court's recent decision to allow a derivative action against Boeing's board of directors is especially relevant to health and life sciences company directors, who should ensure that they have the right structure, processes and people to oversee mission-critical risks, say Paul Kalb and Holly Gregory at Sidley.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Opinion

    The DOJ Should Ramp Up FCA Focus In PPP Enforcement

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    The U.S. Department of Justice should utilize qui tam actions more in its Paycheck Projection Program enforcement efforts, both to maintain credibility with whistleblowers and to leverage the False Claims Act's lower burden of proof, which makes settlements easier to reach than criminal convictions, say R. Scott Oswald and Lydia Pappas at the Employment Law Group.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • How Federal Contractors Can Prepare For An Oct. 1 Shutdown

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    With government funding for a wide range of agencies scheduled to run out by the end of the week, federal contractors should be planning for the financial impacts of a potential government shutdown by understanding the legal landscape, and the rights and remedies that may be available to them, say attorneys at Covington.

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