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Aerospace & Defense
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February 21, 2024
GAO Says IT Co. Challenging $79M Gov't Deal Wasn't Misled
A Virginia information technology company lost its protest of a $79 million U.S. Special Operations Command deal for cybersecurity services after the U.S. Government Accountability Office rejected its contention that USSOCOM engaged in misleading and unfair discussions during procurement.
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February 21, 2024
PE Firm Can't Shake Ex-CEO's Retaliation Suit In NC
A North Carolina federal judge has maintained the bulk of a former executive's suit accusing a private equity firm of duping him into accepting a top role at a defense supply unit and firing him when he refused to hide the company's financial reality from a major defense contractor client, reasoning that he satisfied pleading standards.
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February 21, 2024
FCC Commissioner To Meet With Indian Gov't On TikTok Ban
FCC Commissioner Brendan Carr is finally getting the chance to chat with Indian officials about the country's decision to ban TikTok over concerns about the Chinese government's influence over the app, a decision he has pushed for here in the United States, during a visit to India.
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February 21, 2024
Boeing Ousts Head Of Embattled 737 Max Program
Boeing on Wednesday replaced the chief of its 737 Max program as the American aerospace giant rejiggers the executive team overseeing its most popular line of jets after high-profile safety mishaps such as last month's midair panel blowout and two deadly crashes overseas five years ago.
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February 21, 2024
AT&T Says Satellite Cell Coverage Must Rely On Leases
The Federal Communications Commission will soon vote on new rules allowing satellite companies to use spectrum to beef up mobile connectivity, helping eliminate "dead zones."
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February 21, 2024
How Trump's Hush Money Trial Helps Or Hurts Jack Smith
Manhattan District Attorney Alvin Bragg's porn star hush money case against Donald Trump is set to be the first criminal trial of a former president in U.S. history, a development that carries potential risks and benefits for special counsel Jack Smith, especially as one expert characterized the New York case as "legally and factually weak."
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February 21, 2024
Judge Threatens Ex-Trump Aide With Contempt Over Records
A D.C. federal judge threatened to hold a Trump-era White House aide in contempt for his continuing failure to turn over all the records covered by the Presidential Records Act to the U.S. government.
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February 21, 2024
Assange Extradition Not Political, US Gov't Says
Julian Assange faces criminal charges in the U.S. for the "unprecedented" theft of military secrets that were published online rather than for his political views, lawyers for the American government said at his extradition appeal in London on Wednesday.
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February 21, 2024
White House Acts To Shore Up Cybersecurity At US Ports
The Biden administration on Wednesday moved to boost cybersecurity at U.S. ports, announcing a series of actions that include new proposed rules to establish minimum data security safeguards and an executive order requiring transportation vessels and facilities to report cyber incidents.
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February 20, 2024
Liberal Justices Hint Chevron Deference Hanging By A Thread
In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.
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February 20, 2024
SEC Zeroes In On SolarWinds Exec In Revised Complaint
The U.S. Securities and Exchange Commission has doubled down on its case accusing software provider SolarWinds Corp. of failing to warn the public about the cybersecurity vulnerabilities that gave rise to a 2020 hack, providing a New York federal court with more detail about the involvement of the company's chief information security officer in the alleged cover-up.
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February 20, 2024
GAO Says Army Was Fair In Awarding $169M IT Upgrade Deal
The U.S. Government Accountability Office has denied a Maryland company's protest of a $169 million information technology infrastructure modernization deal for the U.S. Army, rejecting its claim that the Army assessed a competitor's strengths while overlooking the company's despite them having similarities.
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February 20, 2024
Amentum Can Claim Some COVID Leave Costs From Air Force
The Armed Services Board of Contract Appeals has ruled that Amentum Services can partially claim increased costs under an Air Force contract based on California's COVID-19 sick leave laws but that sovereign immunity bars claims based on a military quarantine requirement.
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February 20, 2024
GOP, Democratic Reps. Team Up To Decry Punted FISA Vote
The Foreign Intelligence Surveillance Act's controversial Section 702, which gives the government a backdoor to intercept American communications without a warrant, is set to expire soon, and a bipartisan group of lawmakers says it's time they be allowed to vote on a version of the reauthorization that would add privacy protections.
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February 20, 2024
Justices Deny 9/11 Widows' Challenge to Damage Distribution
The U.S. Supreme Court on Tuesday refused to revive a lawsuit from the widows of two 9/11 victims alleging a district court improperly allowed all immediate relatives to claim wrongful death damages despite state laws allowing relief only to heirs.
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February 20, 2024
Akin Hires Top BIS Commerce Department Counsel In DC
Akin Gump Strauss Hauer & Feld LLP has hired the former U.S. Department of Commerce's chief counsel for the Bureau of Industry and Security, who has joined the firm as a partner in Washington, D.C., the firm announced Tuesday.
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February 20, 2024
Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI
Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.
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February 20, 2024
5th Circ. Pauses Transfer Order In SpaceX, NLRB Dispute
The Fifth Circuit pressed pause on a Texas district court's order to transfer SpaceX's suit over the constitutionality of the NLRB's structure to California, staying the lower court's decision while the appeals court considers the company's petition for writ of mandamus.
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February 20, 2024
Justices Decline Bid For Unanimous Court-Martial Verdicts
The U.S. Supreme Court on Tuesday refused to take up a former U.S. Air Force sergeant's petition seeking to make court-martial rulings unanimous, leaving in place his divided guilty verdict on two counts of attempted sexual abuse.
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February 20, 2024
Navalny's Death Pushes Biden To Ramp Up Russian Sanctions
The White House said Tuesday that it will introduce new sanctions on Russia later this week in response to Russian opposition leader Alexei Navalny's death in custody, saying Russian President Vladimir Putin was ultimately responsible.
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February 20, 2024
Ransomware Group LockBit Hit By Coordinated Crackdown
Two suspects linked to LockBit have been arrested and dozens of servers taken down as part of a global operation to disrupt the Russia-based ransomware group's activities, law enforcement agencies said Tuesday.
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February 20, 2024
Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash
The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.
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February 20, 2024
Extraditing Assange For Political Offenses Breaches Int'l Law
Extraditing Julian Assange to face espionage charges in the U.S. would be a fundamental breach of international laws that protect "pure political offenses," lawyers for the WikiLeaks founder argued at his last-ditch appeal in London on Tuesday.
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February 19, 2024
Assange Poised To Make Final Bid To Halt Extradition To US
Julian Assange will make what could be his final legal challenge on Tuesday in his long-running battle to avoid being sent to the U.S. on espionage charges arising from the publication of classified documents more than a decade ago.
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February 16, 2024
Nat'l Security Bar Kills Ex-Raytheon Worker's Retaliation Suit
The Fifth Circuit on Thursday refused to revive an engineer's claims that he was fired by defense contractor Raytheon for raising concerns about a naval system, saying that reviewing the case would implicate the Pentagon's protected decision to revoke his security clearance.
Expert Analysis
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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SolarWinds Ushers In New Era Of SEC Cyber Enforcement
The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.
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Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny
In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Del. Dispatch: Refining M&A Terms After Twitter Investor Suit
The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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Unpacking GAO's FY 2023 Bid Protest Report
The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.