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Aerospace & Defense
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March 04, 2024
Appeal Of $20.5M Terminated Deal Too Late, Says Fed. Circ.
The Federal Circuit on Monday declined to revive a construction company's untimely challenge over the termination of a $20.5 million National Guard contract, saying the company had enough information to be aware of the deadline to appeal.
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March 04, 2024
US Ends Old Curbs On Zimbabwe, But Sanctions Its President
The Biden administration on Monday ended more than two decades of U.S. economic sanctions on Zimbabwe in an apparent pivot toward a program covering "clear and specific targets," including the country's current president, Emmerson Mnangagwa.
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March 04, 2024
Vista Outdoor Rejects $2B Takeover Bid From MNC Capital
Vista Outdoor Inc. has rejected a $2 billion takeover bid from MNC Capital Partners LP, saying the proposal does not take into account increased earnings the company will see when it separates its outdoor and sporting goods divisions.
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March 04, 2024
Menendez Loses Bid To Suppress Gold Bars In Bribery Case
A New York federal judge on Monday refused to suppress explosive evidence — including gold bars, cash and an engagement ring — the federal government unearthed in its second bribery case against U.S. Sen. Robert Menendez and his associates, reasoning that the omissions the embattled New Jersey Democrat targeted in prosecutors' affidavits weren't material.
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March 04, 2024
L3Harris Agrees To Pay $650K To Wrap 401(k) Class Action
Defense contractor L3Harris will pay $650,000 to end a class action accusing it of running afoul of federal benefits law by saddling retirement plan participants with high fees and expensive investment options, according to a Florida federal court filing.
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March 04, 2024
Pentagon Leaker Faces Lengthy Prison Term After Plea
Jack Teixeira, the 22-year-old Massachusetts Air National Guardsman charged with one of the most significant military intelligence leaks in U.S. history, is facing more than a decade in prison after pleading guilty Monday to multiple violations of the Espionage Act.
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March 01, 2024
Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed
A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.
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March 01, 2024
Microsoft Escapes SAIC's Night-Vision Goggle Patent Suit
A U.S. Court of Federal Claims judge has found that Microsoft Corp. didn't infringe a Science Applications International Corp. patent in a suit accusing the federal government of contracting with Microsoft and L3 Technologies Inc. for night-vision goggle weapon systems with infringing displays, but the judge also denied bids to find the patent invalid.
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March 01, 2024
Afghan Allies' Visa Processing On The Rise, Watchdog Says
The U.S. Department of State was able to increase the number of special immigrant visas issued to Afghan allies during the last months of 2023, the U.S. Department of Defense watchdog recently reported.
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March 01, 2024
Trump Challenges Origins Of Prosecution In Fla. Docs Case
The special counsel's office prosecuting Donald Trump's criminal case on mishandling classified documents told the Florida federal judge overseeing the case on Friday that his attorneys don't have a viable claim challenging the origins of the prosecution team, arguing that intelligence agencies had no role in determining the charges against the former president.
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March 01, 2024
MNC Capital Enters Vista Outdoor Takeover Fray With $2B Bid
MNC Capital Partners LP has submitted a proposal to acquire Vista Outdoor Inc. for $2 billion, despite Vista entering a merger agreement last year to be acquired by a different company, according to Friday statements.
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March 01, 2024
Joint Venture Wins $45B DOE Nuclear Deal Again After Protest
The U.S. Department of Energy has again awarded a $45 billion nuclear waste management contract to a BWXT, Fluor and Amentum joint venture, after a previous award to the company was vacated over its failure to follow a federal registration requirement.
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March 01, 2024
Construction Co. Loses $492M Corps Deal Protest
The Court of Federal Claims has shot down a construction company's contention that the Army Corps of Engineers awarded a $492.3 million cutoff wall project deal despite the awardee having a deficient subcontractor commitment letter, saying the letter wasn't needed.
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March 01, 2024
Ex-Raytheon Worker Asks Full 5th Circ. To Revive Firing Suit
An ex-Raytheon engineer pressed the full Fifth Circuit to reconsider a panel decision blocking claims that he was fired for reporting concerns with a naval system, saying the panel wrongly expanded a national security court review bar to government contractors.
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March 01, 2024
Iranian National Faces 20 Years For Defense Hack Scheme
An Iranian national faces up to 20 years in prison for his alleged role in a yearslong hacking scheme that targeted U.S. companies, including defense contractors, often by using fake female personas on social media, according to a freshly unsealed indictment.
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March 01, 2024
Menendez Associate Pleads Guilty In Bribe Case
A New Jersey insurance broker pled guilty Friday to bribing Sen. Bob Menendez and his wife, Nadine, by buying her a Mercedes-Benz convertible, under an agreement to cooperate with federal prosecutors.
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March 01, 2024
Russian Admits To Smuggling US Tech With Military Uses
A Russian national pled guilty in a New York federal court to money laundering and smuggling, after being accused by U.S. prosecutors of operating a network that brought sensitive U.S. microelectronics with military applications to Russia.
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February 29, 2024
Veteran Journalist Held In Contempt For Not Divulging Source
A D.C. federal judge on Thursday found veteran journalist Catherine Herridge in civil contempt of his order to reveal her sources for a series of stories she wrote while at Fox News about a Chinese American scientist who was the subject of a federal investigation.
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February 29, 2024
Pentagon Leak Suspect To Change Plea In Hearing Next Week
Federal prosecutors indicated Thursday that a former Massachusetts Air National Guardsman will change his not guilty plea to charges he posted hundreds of top-secret military intelligence documents online, asking a Massachusetts federal judge to schedule a change of plea hearing for next week.
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February 29, 2024
GSA's Chinese Cameras Better Off In Russia, House Rep. Quips
Members of the U.S. House of Representatives criticized the federal government's 2022 purchase of 150 Chinese cameras over national security concerns during a Thursday hearing, with one lawmaker calling to get rid of them and send them to Russia instead.
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February 29, 2024
Boeing To Pay $51M To End 199 Arms Export Violation Claims
The Boeing Co. will pay $51 million to resolve nearly 200 export violations that threatened U.S. national security when its foreign employees downloaded and transferred technical data in violation of the International Traffic in Arms Regulations, with $24 million to go toward compliance efforts, the U.S. Department of State announced Thursday.
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February 29, 2024
Ex-US Diplomat To Plead Guilty To Spying For Cuba
A diplomat who served on the National Security Council during the Clinton administration and as U.S. ambassador to Bolivia told a Florida federal judge Thursday that he intends to plead guilty to charges he secretly acted as an agent of the Cuban government for decades.
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February 29, 2024
Watchdog Says Labor Mismatch Dooms Fighter Planes Deal
The U.S. Government Accountability Office called for the termination of a contract to maintain the Marines' Osprey fighter planes, saying the U.S. General Services Administration hadn't shown that the awardee was pre-qualified to offer the required workers.
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February 29, 2024
Feds Want To Ask Trump Jurors If 2020 Election Was 'Stolen'
Florida federal prosecutors want to ask potential jurors in Donald Trump's classified documents case if they believe the 2020 election was "stolen" and if they hold opinions about how the FBI executed a highly publicized search warrant at his Mar-a-Lago resort.
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February 29, 2024
Defense Contractor Says Ex-Exec Took Sensitive Data To Rival
A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.
Expert Analysis
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FAA Drone Guidance Clears Air On Scope Of Authority
The Federal Aviation Administration's new guidance outlines robust federal preemption in aviation safety and airspace efficiency, including drones, while delineating roles for state and local governments, and this fact sheet will likely be a helpful resource for state and local lawmakers, industry, courts and others, say attorneys at Wiley.
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How US Investment Regulation May Shift Under Biden Order
Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.
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5 Compliance Mistakes To Avoid When Entering A New Market
As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.
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Where Biden's Outbound Investment Effort May Be Headed
The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Strike Force Actions Underscore Foreign Risks For Tech Cos.
As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.
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Questions To Ask Before Drafting Proposals With AI
Before federal contractors adopt AI tools to simplify their proposal writing, they should ask questions about how a given AI tool’s model was developed, and consider the procedures they will need to avoid cookie-cutter submissions and ensure accuracy, privacy and security, among other practical and legal considerations, say attorneys at Wiley.
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Even Without US, Deep-Sea Mining Rules Likely To Prevail
While the U.S. was absent from the International Seabed Authority's recent meeting in Jamaica, and has not ratified the United Nations Convention on the Law of the Sea, it seems increasingly clear that the ISA's forthcoming deep-sea mining regime will become a global framework of reference, say Louise Woods and Elena Guillet at V&E.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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SEC Focus On Perks Offers Insights On Cooperation
The U.S. Securities and Exchange Commission's recent settlement with Stanley Black & Decker is the latest example of the SEC's continued focus on executive perquisites and highlights what type of cooperation may be required to avoid a civil money penalty, say attorneys at Morgan Lewis.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.
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Terror Funding Suit Could Affect Inherited Jurisdiction In NY
Depending on how New York’s highest court answers two questions certified from the Second Circuit in a case litigating companies’ liability for terrorist attacks, foreign companies with no relevant New York contacts may be subject to suit in state courts by virtue of an asset purchase, say attorneys at Norton Rose.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.