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Aerospace & Defense
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March 08, 2024
Big Shift Unlikely In Cybersecurity Regs, Despite Concerns
The U.S. Department of Defense is unlikely to significantly alter its cybersecurity proposals for contractors, despite calls from its private industry base for more flexibility and clarity.
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March 07, 2024
Judges Say Facing Threats And Vitriol Now Part Of The Job
Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.
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March 07, 2024
11th Circ. Urged To Restore Qui Tam Over Small Biz Contracts
The U.S. Department of Justice argued Thursday in support of reinstating a qui tam lawsuit against two companies that gained control of a small Florida construction business, telling the Eleventh Circuit that they were not qualified for a government program that awards contracts to firms owned by socially and economically disadvantaged individuals.
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March 07, 2024
Shipbuilder Says Navy Ended Deal in Bad Faith, Seeks $150M
A Louisiana shipbuilder accused the U.S. Navy of doing everything it could to thwart the company's success on a craft-building deal, telling a Court of Federal Claims judge it deserved at least $150 million for the Navy's alleged bad faith.
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March 07, 2024
US Soldier Charged With Selling Military Secrets To China
A U.S. Army intelligence analyst with the rank of sergeant sold an array of sensitive and classified military secrets to China in exchange for $42,000, according to a Tennessee grand jury indictment unsealed on Thursday.
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March 07, 2024
Claims Court Backs VA Redo Of Eyewear Deal Over Errors
A Court of Federal Claims judge tossed an eyewear manufacturer's bid to be reinstated to a U.S. Department of Veterans Affairs optometry deal, saying the VA was allowed to cancel the award in light of calculation errors the agency made.
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March 07, 2024
DOI, Tribe Want More Time To Solve Truckee River Water Row
A Nevada federal judge has agreed to keep a Pyramid Lake Paiute Tribe suit over Truckee River water diversions on hold for six more months as the tribe and the U.S. Department of the Interior work to resolve their dispute.
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March 07, 2024
Investor Sues In Del. Over Space Co.'s Lockheed Bid Block
The board members of satellite maker Terran Orbital Corp. are protecting their power and infringing on shareholders' rights by adopting "an unreasonable and overbroad poison pill" in response to Lockheed Martin Corp.'s recent $606 million takeover attempt, a stockholder alleges in a new Delaware Chancery Court complaint.
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March 06, 2024
SpaceX Hit With Employee's Sex Bias, Retaliation Claims
A SpaceX employee claims the astronautics company paid her less than male colleagues, slow-walked a promised promotion and retaliated against her when she reported her manager's sexual abuse, according to a lawsuit filed in California state court.
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March 06, 2024
Garland On AI Crime, And A Taylor Swift Tune For DOJ
U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.
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March 06, 2024
Ex-Google Software Engineer Stole AI Secrets, Feds Say
A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.
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March 06, 2024
Treasury Sanctions Ship Owners It Says Enable Houthi Attacks
The Department of Treasury says it's taking new action against Iranian commodity shipments, targeting ship owners in Hong Kong and the Marshall Islands with sanctions for moving Iranian goods that officials say help to fund Houthi attacks on container ships in the Red Sea and Gulf of Aden.
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March 06, 2024
DOJ Says Another Korean Co., Officer Behind Bid-Rig Scheme
A second South Korean company and its CEO allegedly defrauded the Pentagon in a scheme to rig bids and fix prices for subcontract work on U.S. military installations in South Korea, the U.S. Department of Justice announced Wednesday.
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March 06, 2024
Experts Urge 'Transformational' Change To DOD Budgeting
An expert panel urged the U.S. Department of Defense on Wednesday to make a "transformational change" to its budgeting and resource allocation processes, saying the DOD's current processes limit effective and timely responses to changing needs and technologies.
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March 06, 2024
Judge Rejects Equity Challenge To Virgin Orbit Ch. 11
A Delaware bankruptcy judge on Wednesday told Virgin Orbit LLC shareholders that she wouldn't retract confirmation of the satellite launch company's Chapter 11 liquidation plan, because Virgin Orbit appropriately sought approval even if the scheme left equity holders without hope of recoveries.
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March 06, 2024
Sidley Adds 11-Year Wiley Rein Leaders To DC Group
Sidley Austin LLP has hired two members of Wiley Rein LLP's leadership, one of whom joins to help co-lead its global arbitration, trade and advocacy practice, the firm announced Wednesday.
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March 06, 2024
L3Harris Deal For DE Shaw Board Seats Prompts Suit In Del.
An L3Harris Technologies Inc. stockholder has sued the aerospace and defense company in Delaware's Court of Chancery, challenging an agreement obliging it to recommend the election of two activist investor-backed board candidates.
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March 05, 2024
Claims Court Won't Block Radio Deliveries Bought Under Nixed Deal
The U.S. Court of Federal Claims refused to block the U.S. Navy from receiving radio management systems development work that was completed before it canceled the underlying contract, saying official actions after the contract's termination were outside its purview.
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March 05, 2024
'Secret Informant Love' Accused Of Divulging Classified Info
A retired U.S. Army officer arrested for allegedly divulging classified defense information on a dating website gave secret information on Russia's war against Ukraine to a woman who called him her "secret informant love," according to a newly unsealed indictment.
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March 05, 2024
Look At Settlement, Atty Tells 5th Circ. In Arguing For $1M Cut
The attorney representing a KBR Inc. whistleblower countered the federal government's assertion that his client should not benefit from a $13.7 million settlement stemming from kickback allegations, telling the Fifth Circuit on Tuesday to look at the deal's terms.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Amazon Workers Push For Class Status In Military Leave Suit
Current and former Amazon employees urged a Washington federal court to grant them class status in their lawsuit accusing the company of demoting or firing workers who took time off for military leave, saying the 15,000 members of the proposed class have plenty in common.
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March 05, 2024
Feds Say Sen. Menendez Knew 'Loans' Were Bribes
U.S. Sen. Robert Menendez and his wife were charged with obstruction of justice in a superseding indictment unsealed Tuesday in New York federal court, raising the stakes in the corruption trial facing the New Jersey Democrat.
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
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March 04, 2024
Camp Lejeune Plaintiffs Say Specific Illness Link Is Not Required
Litigants in the Camp Lejeune contaminated-water litigation on Sunday told a North Carolina federal court that Congress set a unique standard to show that their illnesses were caused by exposure to the water at the Marine base, given that it's been decades since some veterans were first exposed.
Expert Analysis
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What Can Be Learned From 3M's Iran Sanctions Settlement
3M’s recent agreement to pay $9.6 million to resolve potential liability for violation of Iran sanctions provides insight on the complexity of U.S. sanctions compliance, the duration of enforcement actions by the Office of Foreign Assets Control, and the benefits and potential drawbacks of voluntary disclosure, says Thaddeus McBride at Bass Berry.
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Opinion
Time To Ban Deferred Prosecution For Fatal Corporate Crime
As illustrated by prosecutors’ deals with Boeing and other companies, deferred prosecution agreements have strayed far from their original purpose, and Congress must ban the use of this tool in cases where corporate misconduct has led to fatalities, says Peter Reilly at Texas A&M University School of Law.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Suspension And Debarment: FY 2023 By The Numbers
A comparative analysis of System for Award Management data, culminating with fiscal year 2023, reveals a year-over-year drop in annual suspension and debarment numbers so significant as to leave the government contracting community trying to figure out what is happening, says David Robbins at Jenner & Block.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Best Practices For Cos. Navigating US-China Investigations
Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Contracts Disputes Recap: Expect Strict Application Of Rules
Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.
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Unpacking The FAR Council's Cybersecurity Rules Proposal
New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A
Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.
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What To Watch As The FCC Leans Into National Security
Information and communications technology and services operators and investors should keep a close eye on the Federal Communications Commission's increasing activity in national security matters, which could slow transactions and subject providers to additional oversight, say David Plotinsky and Patricia Cave at Morgan Lewis.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.