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Aerospace & Defense
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March 26, 2024
AI Weapons Detector Faces Investor Suit After Gov't Probes
Evolv Technologies, which makes metal detectors that purportedly use artificial intelligence to detect weapons, is facing a proposed shareholder class action in Massachusetts federal court alleging that false claims about its products' abilities to screen for types of tactical knives and guns led to federal investigations and share declines.
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March 26, 2024
Army Found Not Liable For Canceled Third-Party Lease
A Court of Federal Claims judge on Tuesday tossed a $2.6 million lawsuit seeking to hold the U.S. Army liable for the early cancellation of a railroad lease, finding the railroad operator's contract was with a "middleman," not the Army itself.
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March 26, 2024
Combat Arms Earplugs Settlement Moves To Final Resolution
More than 249,000 U.S. service members who claimed they suffered permanent hearing loss due to 3M's allegedly faulty combat earplugs have signed onto the $6 billion settlement, boasting "more than 99%" participation, according to a Tuesday announcement by the company.
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March 26, 2024
Boeing Can't Exit Wash. Worker's Birth Defect Suit
A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.
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March 26, 2024
Air Force Says Flight Training Isn't Affecting Enviros' Mission
The U.S. Air Force told an Oregon federal court that environmental groups' challenge to expanded warfighter training is based on how the plan would impact local noise levels and animal habitats, and not how the plan was affecting them personally.
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March 26, 2024
FCC Partners With Agencies On Privacy Enforcement
The Federal Communications Commission said Tuesday it will ramp up enforcement with other federal and state agencies to protect sensitive data from hackers and foreign adversaries.
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March 26, 2024
Late Navy Lt.'s Dad Says Northrop Lied About Aircraft Safety
The father of a U.S. Navy lieutenant who died during an aviation training mission alleges Northrop Grumman Corp. lied to the Navy about the safety of its advanced Hawkeye aircraft despite receiving hazard reports on engine failures dating back to 2015.
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March 26, 2024
Menendez Says Corruption Case Still Wrongly Placed In NY
U.S. Sen. Robert Menendez has told a Manhattan federal judge that prosecutors' latest iteration of his corruption indictment doesn't resolve legal deficiencies that plagued previous ones, including a flimsy connection to the Southern District of New York.
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March 26, 2024
Assange Wins Lifeline In Fight Against US Extradition
Julian Assange won a lifeline on Tuesday, prolonging his fight against extradition to the U.S., after an English court delayed ruling on his case to await assurances from American authorities about his safety.
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March 25, 2024
Boeing Called Out For 'Circular' Logic In Love-Triangle Murder
A Washington federal judge suggested on Monday that it would be unfair to let Being avoid liability in the early stages of a case involving a love-triangle among workers that ended in murder, calling the argument against allowing litigation to move forward "circular."
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March 25, 2024
Subcontractor Sues Tech Co. For $1.8M Over RTX Project
A subcontractor hired to move data when RTX Corp. sold a training business to Vertex Aerospace says it plummeted into financial turmoil because master contractor Delaware North America LLC underestimated the scope and cost of the project and asked it to shoulder extra responsibilities without additional compensation.
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March 25, 2024
Gorsuch Irked At Having To Decide $3K Furlough Dispute
Justice Neil Gorsuch expressed incredulity that the U.S. Supreme Court has to resolve a Pentagon employee's $3,000 dispute stemming from a furlough decision, remarking Monday on the "extraordinary" lengths the government has gone to in fighting the case.
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March 25, 2024
GOP Reps. Re-Up Demand For Biden Classified Docs Info
Two top Republicans sent a letter to Attorney General Merrick Garland on Monday threatening to possibly hold him in contempt of Congress if he doesn't answer their subpoena for materials related to the special counsel's investigation of President Joe Biden's handling of classified documents.
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March 25, 2024
US Accuses 7 Chinese Nationals Of Hacking Conspiracy
The Biden administration filed criminal charges and issued economic sanctions on Monday against Chinese nationals who allegedly attempted hack into the accounts of government officials and defense companies under the auspices of a cyberespionage program supposedly backed by China.
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March 25, 2024
Atty Can Drop Alleged Schemer Who Didn't Pay For 2 Years
A man accused of being the mastermind behind a $2 million cannabis crowdfunding scheme must find a new lawyer after stiffing his previous counsel for nearly two years, a Michigan federal judge said Monday.
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March 25, 2024
Bank Says Immunity In Terrorism Suit Not Issue For Justices
A Lebanese bank has urged the U.S. Supreme Court not to review a Second Circuit ruling that it could have sovereign immunity over terrorism victims' claims that it funded Hezbollah, saying the appeals court had not offered a final ruling appropriate for review.
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March 25, 2024
DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional
The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.
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March 25, 2024
MNC Capital Ups Vista Outdoor Takeover Bid To $3B
Dallas, Texas-based investment firm MNC Capital Partners on Monday upped its proposed takeover bid of Vista Outdoor Inc. by approximately $1 billion after the company rejected its initial offer, now offering roughly $3 billion to purchase the sporting and outdoor products company.
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March 25, 2024
Class Cert. In United Military Leave Suit Will Have To Wait
An Illinois federal judge said he had doubts about claims that United Airlines owes pay to pilots taking military leaves, saying he'll wait for several appeals courts to decide the fate of similar suits before signing off on class certification.
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March 25, 2024
Boeing CEO To Exit At Year's End Amid 737 Max Crisis
The Boeing Co. announced Monday that President and CEO Dave Calhoun will exit the company at the end of the year, and the chair of its board will also step down, as the American aerospace giant overhauls its leadership ranks amid an enduring 737 Max crisis.
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March 22, 2024
Don't Sweep Ads Into Regs On Foreign Airtime Buys, FCC Told
A collection of broadcasters groups are asking the Federal Communications Commission to keep advertisements out of a potential commission rule requiring disclosures for foreign-sponsored airtime leases, and suggesting that the entire proposal would likely result in a court challenge if adopted.
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March 22, 2024
Success Unlikely For Menendez As Independent, Analyst Says
Although embattled Sen. Robert Menendez, under indictment on federal corruption charges, announced he will not run in New Jersey's Democratic primary but may seek reelection as an independent, the effort is likely to be fruitless, a Garden State political analyst said Friday.
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March 22, 2024
Ind. Factory Adds To Historic $112M Bad Faith Coverage Win
A flooded factory building that was awarded $112 million in a historic bad faith win added to its victory Friday when an Indiana federal court denied its insurers' requests for a new trial and granted the factory more than $7 million in costs and interest.
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March 22, 2024
RTX Loses Second Dispute Over Contract Conflict Of Interest
A Court of Federal Claims judge has tossed RTX Corp.'s lawsuit alleging it was wrongly excluded from a $54.1 million Navy anti-missile technology contract based on an employee's former Navy job, despite RTX's argument that there was no conflict of interest.
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March 22, 2024
Plastics Co. Settles Claim It Forced Out Enlisted Worker
A plastics company that allegedly refused to promote a worker because he was about to deploy with the Ohio Air National Guard has settled claims that it discriminated against him and ultimately forced him to quit because of his military service.
Expert Analysis
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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.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Inside DOD's Final Commercial Products And Services Rule
The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.