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Aerospace & Defense
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March 18, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.
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March 18, 2024
Attorney For Sen. Menendez's Wife Conflicted, Feds Say
Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.
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March 18, 2024
4th Circ. Preview: Airport Mishap, Inmate Pay Launch March
The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.
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March 15, 2024
Dems Want New Missile Plan Axed If Military Can't Justify Cost
Sen. Elizabeth Warren, D-Mass., and Rep. John Garamendi, D-Calif., suggested the Air Force's new nuclear missile program should be shuttered after it exceeded its expected cost to taxpayers by $36 billion, unless it can justify its relevance to national security.
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March 15, 2024
Feds' PACER Gaffe Doesn't Mean A Sure Win For Magnet Co.
Federal prosecutors may suffer a setback in a case accusing a magnet manufacturer of sharing sensitive military data with China after accidentally publicizing the same information, but they may have an out under a regulation governing publishing in the public domain.
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March 15, 2024
Boeing Supplier Sued Over 737 Max Door Plug's Missing Bolts
A new lawsuit in Washington state court over a Boeing 737 blowout that endangered an Alaska Airlines flight takes aim at Spirit AeroSystems, the manufacturer of the door plug that ruptured from the fuselage, for allegedly not installing necessary bolts and fittings.
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March 15, 2024
Navy Fails To Block Appeal Over Terminated HVAC Task Order
A California construction contractor can go forward appealing the U.S. Navy's decision to terminate a heating, ventilation, and air conditioning task order after the Armed Services Board of Contract Appeals shot down the Navy's contention the appeals board lacked jurisdiction.
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March 15, 2024
Military Subcontractor Says Partner Tried To Poach Work
A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.
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March 15, 2024
Contractor's Single Claim For 2 Lost Trucks Enough, For Now
A contractor didn't need to separate the value of two trucks lost by the U.S. Army to get the military to pay for replacement vehicles, an appeals board said, rejecting the Army's arguments that the contractor should have filed two claims.
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March 14, 2024
Fox News Accused Of Lying About Ukrainian Reporter's Death
The parents of a Ukrainian journalist who died while reporting on Russia's invasion of her homeland sued Fox News on Thursday in New York state court, saying the network is trying to conceal its responsibility for the death of their daughter and shifting blame to a security adviser.
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March 14, 2024
3D-Gun Info Group Loses Suit Over Publishing Blueprints
The U.S. Court of Federal Claims tossed an open-source gun group's lawsuit alleging the federal government failed to follow a 2018 settlement allowing the group to publish firearm blueprints, rejecting the group's contention that dismissing a final claim would be unfair.
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March 14, 2024
Trump Can't Duck Classified Doc Charges Over Vagueness
The Florida federal judge overseeing the criminal prosecution of former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate denied his bid Thursday to toss the indictment based on the "unconstitutional vagueness" of the Espionage Act, opting instead to punt the issue to later in the case.
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March 14, 2024
Axon, Cities Fight Over Producing Material From FTC Case
Axon Enterprise is sparring with municipalities accusing the police equipment maker of monopolizing the Taser and body camera markets, with the local governments pushing for what Axon described as the "premature and improper" production of discovery from the Federal Trade Commission's since-abandoned case.
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March 14, 2024
Chancery Sends Drone-Maker's Claim To Sister Court
A Delaware vice chancellor handed off to a regular civil court Thursday remaining claims in drone-maker Teal Drones Inc.'s suit accusing a software supplier and its owner of wrongly pulling the plug on Teal's license for autonomous-flight programming, after tossing claims against the supplier itself.
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March 14, 2024
DOD Contractors Raise Double Jeopardy Issues With Retrial
Two defense contractors asked a New Mexico federal court to bar prosecutors' evidence purportedly relating to a charge of conspiring to win small business contracts, saying the evidence actually relates to fraud charges for which they were already acquitted.
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March 14, 2024
Bipartisan Senate Duo Releases 'Middle Ground' FISA Bill
A bipartisan pair of senators introduced what they deem a "compromise" bill on Thursday to reauthorize and reform the controversial warrantless foreign surveillance law ahead of the April deadline to renew it.
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March 14, 2024
Bechtel Missed Subcontractor Targets On Nuke Waste Project
Bechtel National Inc. failed its subcontracting obligations while building a federal nuclear waste plant at the Hanford site in Washington state, lapses that cost businesses up to $700 million in missed opportunities, according to a watchdog agency report released Thursday.
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March 14, 2024
Army Camp Beats Worker's Claim Over Bullying Commandant
An employment tribunal in Liverpool has tossed a claim by a former U.K. armed forces training camp employee that he was forced to quit because the camp botched a probe into repeated bullying by the camp commandant.
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March 14, 2024
Sen. Menendez Loses Bid To Nix Corruption Charges
A New York federal judge on Thursday rejected U.S. Sen. Robert Menendez's bid to dismiss his bribery case, ruling none of the government's allegations target actions that could be considered protected activity under the U.S. Constitution.
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March 14, 2024
Mnuchin Says He's Forming Investor Group To Buy TikTok
Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.
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March 14, 2024
In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit
Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.
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March 14, 2024
Lockheed Offloaded Pensions In Risky Deal, Retirees Say
A group of retirees claim aerospace defense company Lockheed Martin committed an "egregious act of disloyalty" when it passed off $9 billion in pension responsibilities for 31,000 beneficiaries to a risky annuity provider, according to a suit filed in Maryland federal court.
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March 14, 2024
DOD's Weapons Monitoring In Iraq Fell Short, Watchdog Says
The U.S. Department of Defense failed to properly inspect and account for military equipment sent to Iraq to fight ISIS, raising the possibility of weapons going missing and falling into adversaries' hands, the department's internal watchdog said.
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March 14, 2024
Biden Comes Out Against $14.9B US Steel-Nippon Merger
President Joe Biden came out in opposition of U.S. Steel's planned $14.9 billion merger with Japan's Nippon Steel Corp. on Thursday, echoing lawmakers who have expressed concerns about the sale of an American institution to a foreign power.
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March 13, 2024
Jewish Group Sues UN Relief Agency Over Hamas Massacre
An advocacy group that defends Jewish rights has sued in Delaware federal court an American charity that aids a United Nations relief agency for Palestinian refugees, saying it purportedly bears accountability for the Hamas attack in Israel in October.
Expert Analysis
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Inside Higher Education's New FCA Liability Challenges
As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
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AI Executive Order's Life Science, Healthcare Industry Effects
The recent White House executive order to manage risks associated with artificial intelligence includes provisions specific to healthcare and life sciences that merit special attention, including transparency, human oversight of AI output, and real world performance monitoring, say attorneys at Ropes & Gray.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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Bribery Bill Fills Gap In Foreign Corruption Enforcement
Congress recently passed the Foreign Extortion Prevention Act, significantly expanding the U.S. government's ability to prosecute foreign officials who seek or demand bribes, but if enacted, the legislation could also create tension with other nations, say attorneys at Ropes & Gray and Mayer Brown.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Contract Disputes Recap: Termination and Accrual
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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What DOD Commercial Product Rule Means For Contractors
A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Inside New Classified Contract Guidance For Joint Ventures
A recent Information Security Oversight Office notice clarifies the interplay between small business joint-venture rules and eligibility determinations for U.S. Department of Defense classified contracts, but it's still unclear how this should be interpreted for non-DOD procurements, says Todd Overman at Bass Berry.
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DOJ Officials' Remarks Signal New Trends In FARA Activity
Three U.S. Justice Department officials' remarks at a recent forum reinforce the department's renewed focus on aggressively enforcing the Foreign Agents Registration Act, which has been transformed into a significant national security and criminal enforcement tool, and its efforts to tightly regulate the activities of foreign agents in the U.S., say attorneys at Covington.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.