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Aerospace & Defense
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May 29, 2024
Israeli Nanotech Startup, Canadian Biotech Plot US IPOs
An Israeli nanotech startup launched plans Wednesday for an estimated $75 million U.S. initial public offering, while a Canadian-listed biotechnology company also filed documents to tap U.S. markets, adding to a recent spate of cross-border listings.
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May 29, 2024
House Judiciary Leaders Seek Briefing On FISA Court Access
The top Republican and Democrat on the U.S. House Judiciary Committee are looking for an update on a request by members of Congress for access to the secretive proceedings of the court that hears matters on the controversial warrantless foreign surveillance law.
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May 29, 2024
9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit
An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bias against his military status by not renewing his contract after he deployed.
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May 29, 2024
Menendez Trial Judge Sticks With Order Barring Texts
The federal judge presiding over the corruption trial of U.S. Sen. Robert Menendez announced Wednesday that he is holding firm to his decision barring prosecutors from using text messages to bolster their claims that the New Jersey Democrat took bribes in exchange for authorizing millions of dollars in aid for Egypt.
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May 28, 2024
Boeing Jury Urged To Reject Electric Startup's $200M IP Ask
Counsel for Boeing Co. told a jury to reject Zunum Aero Inc.'s claim it deserves nearly $200 million for alleged trade secrets misappropriation, saying during closing arguments Tuesday that Zunum wants to shift blame away from its own failures.
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May 28, 2024
GSA Audit Authority Ruling Bars Crowley Suit Over DOD Deal
A Court of Federal Claims judge has rejected Crowley Government Services Inc.'s protest over the terms of a U.S. Transportation Command solicitation for freight services, saying the company effectively attempted to relitigate an already decided dispute over the General Services Administration's audit authority.
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
Ex-CIA Officer Admits Sharing Classified Info With China
A retired CIA agent who most recently worked as a contract linguist for the FBI pleaded guilty Friday in Hawaii federal court to conspiring to collect and share classified U.S. national security information with China, according to the U.S. Attorney's Office.
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May 28, 2024
TransDigm Buys Fellow Aerospace Biz In $655M Cash Deal
Aerospace company TransDigm Inc., advised by BakerHostetler, on Tuesday unveiled plans to acquire Vedder Price PC-led Raptor Scientific for $655 million in cash.
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May 28, 2024
$3.1B Satellite Deal Needs Justices' Review, Co. Says
A broker accusing Lockheed Martin and Airbus of cutting it from a $3.1 billion military satellite deal opposed the Biden administration's contention that a U.S. Supreme Court review isn't needed, saying the administration incorrectly focused on an underlying F-35 deal.
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May 28, 2024
5 Firms To Steer Pair Of Large IPOs That Could Net $1.8B Total
Private-equity backed hospital billing firm Waystar Holding Corp. and aluminum recycling giant Novelis Inc. on Tuesday launched plans for two initial public offerings that could raise an estimated $1.8 billion combined, guided by five law firms, potentially testing the strength of the IPO market's recovery.
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May 28, 2024
Serial Numbers Tie Gold Bars To Menendez, Jury Hears
The executive assistant of a New Jersey real estate developer on trial alongside U.S. Sen. Robert Menendez linked her boss to some of the gold bars found in the congressman's New Jersey home, confirming Tuesday that the serial numbers of her employer's stash of bars matched the ones stamped on the flashy evidence.
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May 24, 2024
Senate Republican Eyes Tutor.com's China Ties, Data Use
The top Republican on the U.S. Senate's health and education committee has launched an investigation into Tutor.com, a Chinese-controlled web service of The Princeton Review that offers students online tutoring, saying China's Communist Party may be exploiting users' sensitive data.
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May 24, 2024
SEC Hits Back At SolarWinds' 'Distortion' Allegations
The U.S. Securities and Exchange Commission sent a letter to a New York federal judge Friday pushing back on SolarWinds Corp.'s accusations that it was overstating and distorting its case against the government contractor over a data hack, saying its complaint is "well-grounded in facts" uncovered during its investigation.
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May 24, 2024
Claims Court Won't Toss $1.1M Breach Suit Against Navy
The U.S. Court of Federal Claims won't free the U.S. Navy from a $1.1 million breach-of-contract case from an engineering contractor, saying its handling of indirect and billing rates potentially amounted to a breach.
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May 24, 2024
Contractor Entitled To Share In Navy Savings, Board Rules
The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.
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May 24, 2024
GE Immune From Navy Member's Cancer Suit, 3rd Circ. Says
The Third Circuit on Friday declined to revive a suit seeking to hold General Electric liable for failing to warn a deceased U.S. Navy veteran about asbestos risks at a government nuclear facility, ruling that derivative sovereign immunity bars the suit's claims.
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May 24, 2024
FCC Calls For Fresh Comments On Orbital Debris Rulemaking
The Federal Communications Commission is hitting the "refresh" button on orbital debris rulemaking, issuing a new call for public input on potential agency rules.
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May 24, 2024
Navy Owes Crane Contractor $5M After Refusing Proposed Fix
The Armed Services Board of Contract Appeals ruled that the U.S. Navy must pay a Konecranes ABP unit roughly $4.9 million after the Navy wrongly refused to accept a proposed fix for problems discovered before delivery of a crane.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
3rd Circ. Backs US Immunity Over Marine Recruit's Death
The Third Circuit has said that "tragedy does not trump sovereign immunity" in a precedential ruling finding that the federal government is immune from a wrongful death suit brought by a U.S. Marine Corps recruit's family after he crashed his car and died on the way to an event for the corps.
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May 24, 2024
FCC Probing Unauthorized Navigation Satellite Signals In US
The Federal Communications Commission is continuing its investigation into U.S. phones receiving unauthorized Russian and Chinese navigation satellite signals, but FCC Chair Jessica Rosenworcel told lawmakers last week that she didn't have much more to share on the inquiry.
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May 24, 2024
NLRB Wants 2nd SpaceX Suit Paused Amid Venue Fight
The National Labor Relations Board asked a Texas federal judge to pause SpaceX's second challenge to the agency's constitutionality while another federal court deals with a persistent venue dispute in an earlier, nearly identical suit.
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May 24, 2024
Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator
Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.
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May 23, 2024
Israeli Attys Complain To USPTO After Pro-Gaza Reddit Post
Various groups of Israeli lawyers have told the U.S. Patent and Trademark Office that they are concerned about the "potential influence that individual political views may have on the examination of patent applications of Israel applicants."
Expert Analysis
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Best Practices For Space Security In Our Connected World
NASA's recently published space security guide is another indication that cyber-resilience has become a global theme for the space and satellite sector, as well as a useful reference for companies and organizations reviewing their cybersecurity frameworks or looking to partner with the U.S. agency, says Hayley Blyth at Bird & Bird.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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Unpacking The Interim Vet-Owned Small Biz Verification Rule
Government contractors that intend to bid for service-disabled veteran-owned small business set-aside contracts should immediately consider the potential impacts of a recently issued rule that specifies how contracting officers will verify that they have certified their status, say Derek Mullins and Beth Gotthelf at Butzel.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.