Aerospace & Defense

  • March 05, 2021

    10th Circ. Cancels Rehearing On Bump Stock Ban Challenge

    The Tenth Circuit on Friday reversed course and rescinded an en banc rehearing of a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks over the dissent of five circuit judges.

  • March 05, 2021

    Biden To Work With Congress To Rein In War Authorizations

    President Joe Biden intends to work with Congress to repeal the broad war authorizations that have underpinned years of military actions and replace them with narrower legislation, the White House said Friday, after lawmakers criticized airstrikes ordered by the president.

  • March 05, 2021

    Water Plant Hack Underscores Utilities' Glaring IT Risks

    A hacker's recently foiled attempt to poison a small Florida city's water supply has drawn attention to the risks of public utilities not following up-to-date cybersecurity standards, as providers often struggle to find room in tight budgets for cybersecurity upgrades, attorneys say.

  • March 05, 2021

    US Readies New Export Restrictions Amid Myanmar Protests

    The Biden administration is applying additional trade pressure to Myanmar's government in the wake of February's coup and ongoing violence against pro-democracy protesters, downgrading the country's trade status and cutting off two government ministries from certain U.S. exports.

  • March 05, 2021

    US, EU Suspend Tariffs, Aiming To End Aircraft Subsidy Fight

    The U.S. and European Union announced Friday that they will suspend tariffs on more than $11 billion worth of trade as they look to resolve a massive fight over aircraft subsidies that has dominated the transatlantic trade relationship for nearly 17 years.

  • March 04, 2021

    Biden's Strikes Likely Legal, But They May Prompt Blowback

    President Joe Biden's recent airstrikes on Syria likely fall within his broad but murky presidential authority to act unilaterally on national security issues, but congressional backlash may lead lawmakers to reassert their own authority over the use of military force.

  • March 04, 2021

    2nd Circ. Vacates Sanctions For Donziger In Chevron Case

    A divided Second Circuit panel on Thursday overturned $666,476 in sanctions against Steven Donziger, who helped secure a fraudulent $9.5 billion judgment against Chevron Corp. in Ecuador, saying confusing constraints imposed on his fundraising activity undermined the penalty.

  • March 04, 2021

    Boeing Emails In Chancery Suit Show Angst Over 737 Reports

    The Boeing Co.'s leadership struggled on multiple fronts to get ahead of negative news about the company's 737 Max jetliners after one of them crashed in late 2018, according to documents released Thursday in a Delaware Chancery Court stockholder lawsuit.

  • March 04, 2021

    US Army Didn't Violate Trademark License, Fed. Circ. Says

    The Federal Circuit on Thursday rejected a lawsuit accusing the U.S. Army of violating a trademark licensing deal with an apparel company by sometimes refusing to approve projects — including an ad campaign featuring Dwayne "The Rock" Johnson.

  • March 04, 2021

    US Suspends Tariffs On UK Goods In Aircraft Subsidy Fight

    The Biden administration announced Thursday that it will suspend retaliatory tariffs on scores of U.K. products for four months in the hopes of settling a portion of the long-running trade dispute over subsidies to aircraft giants Boeing and Airbus.

  • March 03, 2021

    Appeals Board Says BAE's Army Cost Dispute Is Timely

    The Armed Services Board of Contract Appeals has denied the U.S. Army's bid to toss BAE System's cost adjustment claims related to environmental conditions at an ammunition plant, saying a circuit court decision hadn't changed the law to make the appeal untimely.

  • March 03, 2021

    Dems Urge Biden To Rein In Nuclear Posture

    Two progressive congressmen are urging President Joe Biden to implement a robust policy of nuclear non-proliferation, contrasting their proposed agenda with geopolitical escalations that occurred during the Trump administration.

  • March 03, 2021

    UK Unveils Tweaks To New Merger Control Regime

    The United Kingdom is trying to make it easier for companies to identify whether the merger they're mulling will trigger the country's planned mandatory notification law, which will require the government to be informed when a combination poses a national security risk.

  • March 03, 2021

    Treasury Sanctions Mexican Cocaine, Meth Trafficker

    The U.S. Department of the Treasury sanctioned a suspected narcotics trafficker Wednesday, freezing the assets of a high-level member of Cartel de Jalisco Nueva Generacion, one of Mexico's most notorious drug cartels.

  • March 03, 2021

    Climate Dominates Questions For 2 Biden Enviro Nominees

    President Joe Biden's picks for two top environmental positions faced a flurry of climate change questions at a nomination hearing Wednesday, on issues from pipeline permitting to sea level rise to how federal agencies should calculate harms caused by carbon dioxide emissions.

  • March 02, 2021

    Satellite Co. Investors Want Docs In $1.3B Award Row Back

    Investors in Devas Multimedia Pvt. Ltd. demanded on Tuesday that an Indian government-appointed liquidator relinquish case files he obtained after firing counsel working to enforce the Indian satellite company's $1.3 billion arbitral award against a division of India's space agency.

  • March 02, 2021

    After J&J-Merck Deal, Biden Vows Vaccines For All By May 31

    President Joe Biden said Tuesday that a manufacturing partnership between Johnson & Johnson and Merck, arranged by activating the Defense Production Act, will boost coronavirus vaccine supplies enough by the end of May to jab every U.S. adult.

  • March 02, 2021

    Watchdog Says US Gov't Cybersecurity 'Regressed' Since '19

    The federal government's level of cybersecurity has "regressed" since 2019 due in part to the White House failing to appoint a single leader responsible for rolling out its national cybersecurity program, a congressional watchdog said Tuesday.

  • March 02, 2021

    SolarWinds Says SEC, DOJ, State AGs Probing Cyberhack

    SolarWinds Corp. said that it's cooperating with investigations by the U.S. Department of Justice, the U.S. Securities and Exchange Commission and various state attorneys general into a cyberattack on the company's software that has led to a sprawling cyberespionage campaign that authorities say was likely perpetrated by Russian hackers.

  • March 02, 2021

    Veterans' Health Claims Processed Incorrectly, OIG Says

    A U.S. Department of Veterans Affairs contractor processed 13% of veterans' health care claims inconsistently with official departmental guidance, a watchdog found Tuesday, in some cases resulting in claims that were improperly rejected.

  • March 02, 2021

    Sen. Urges Gov't To Declassify Russian Bounty Assessment

    Sen. Tammy Duckworth, D-Ill., has urged the Biden administration to release a declassified intelligence assessment looking into whether Russia offered bounties for killing U.S. troops in Afghanistan, saying the public needed to know the truth of the claims.

  • March 02, 2021

    Senate Confirms Raimondo To Lead Commerce Dept.

    The Senate easily confirmed Gina Raimondo as Commerce secretary on Tuesday despite some Republican opposition over the Biden administration's stance on China and the technology company Huawei.

  • March 02, 2021

    Jones Day Creates Practice Focusing On State AG Probes

    Jones Day has announced that it has launched a new practice that will focus on representing clients facing investigations, litigation and general enforcement by state attorneys general.

  • March 02, 2021

    US Imposes Sanctions On Russia Over Navalny Poisoning

    The U.S. has sanctioned Russian officials and institutions over the 2020 poisoning and subsequent imprisonment of opposition leader Alexei Navalny, the Biden administration said Tuesday.

  • March 01, 2021

    SIGAR Calls Out $2.4B In Potentially Wasted Afghan Spending

    A federal watchdog said that U.S. agencies have spent more than $2.4 billion on capital assets in Afghanistan that have deteriorated or are not being used as intended, saying agencies had often failed to consider local needs.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Questions Loom About DOJ Dismissal Power In FCA Suits

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    The Second Circuit's recent decision to grant a U.S. Department of Justice motion to dismiss a False Claims Act suit, without weighing in on the standard for assessing the agency’s decision, illustrates a significant trend, given an increase in agency dismissals and the expected uptick in FCA cases amid the pandemic, say attorneys at Baker Botts.

  • SBA Vendor Report Overlooks Implicit Contract Ratification

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    A recent report from the U.S. Small Business Administration's Office of Inspector General directs unauthorized vendor commitments to be remedied under a federal acquisition regulation, but fails to consider that the government may have already implicitly ratified some agreements, say attorneys at Venable.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Mitigate Key FCPA Risks With Tailor-Made Compliance

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    Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

  • Clean Water Act Ruling Could Obstruct Future Permitting

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    A Minnesota federal court's recent ruling that the U.S. Environmental Protection Agency must review applications for federally licensed discharges issued under the Clean Water Act to determine water quality effects in other states could complicate the permitting process, says David Fotouhi at Gibson Dunn.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Transaction Toolkit For A More Litigious M&A Environment

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    As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

  • Opinion

    Congress' Expansion Of SEC Disgorgement Was Irresponsible

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    Congress rushed through a National Defense Authorization Act provision that upended sensible restrictions on the U.S. Securities and Exchange Commission's ability to collect disgorgement, cementing the agency's ill-suited role as governmental debt collector for private investor losses, says Russell Ryan at King & Spalding.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • Legal Pitfalls HOAs Should Avoid When Using Drones

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    As drone technology becomes more advanced and accessible, more homeowners associations are beginning to use drones to enforce covenants, but they must be careful to avoid three areas of potential legal liability, say Gary Kaleita and Ty Pryor at Lowndes Drosdick.

  • DOD's New Cyber Rules May Spur Contract Disputes

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    Contractors adapting to solicitations and contracts that include new cybersecurity assessment requirements from the U.S. Department of Defense should familiarize themselves with adjacent new areas for contract disputes and the potential avenues for relief should a controversy arise, say attorneys at Rogers Joseph.

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