Aerospace & Defense

  • June 22, 2020

    Helping Ghosn Escape 'Not A Crime' In Japan, Atty Says

    Lawyers for a father and son accused of sneaking ex-Nissan CEO Carlos Ghosn out of Japan told a U.S. judge Monday the two should be released as they fight the country's request to have them extradited, arguing their alleged conduct doesn't qualify as a criminal "escape" under Japanese law.

  • June 22, 2020

    Marines Must Change Course On Audit Policy, GAO Rules

    The U.S. Marine Corps should reconsider its policy of seeking only firms that are certified as independent public accountants to assist with its fiscal year 2020 audit, after the Government Accountability Office found the requirement to be "unduly restrictive."

  • June 22, 2020

    FCC Halts Chinese Radio Broadcast For 'Deficient' Application

    The Federal Communications Commission on Monday denied an application for Chinese radio programming to be rebroadcast to the U.S. after a Chinese-backed entity with a key role in the broadcast's production was not included in the application.

  • June 22, 2020

    2nd Circ. Puts $1.7B Iran Terror Asset Case Back In NY Court

    The Second Circuit on Monday once again revived efforts by victims of a 1983 terrorist bombing to collect $1.68 billion in Iranian assets held by a Luxembourg bank, following legislation addressing foreign policy issues related to the case.

  • June 22, 2020

    High Court Won't Touch Trump's Security Tariffs

    The U.S. Supreme Court on Monday turned away a steel importer group's attempt to overturn duties imposed by President Donald Trump, leaving in place the administration's broad authority to restrict trade on the basis of national security.

  • June 20, 2020

    Trump Loses Bid To Block Bolton's White House Memoir

    A D.C. federal judge on Saturday denied the Trump administration's request to immediately block the publication of former national security adviser John Bolton's highly anticipated memoir, ruling it was too late to stop a book that has already "been printed, bound, and shipped across the country."

  • June 19, 2020

    Gov't Fights Acquittal For Ex-CIA Coder In WikiLeaks Case

    Federal prosecutors want a New York federal judge to uphold a former CIA programmer's conviction for lying to federal investigators and to deny his acquittal bid on espionage charges that prosecutors plan to retry after a jury deadlocked, they said on Friday.

  • June 19, 2020

    Fluor Says There's No Jurisdiction For Afghan Bombing Suit

    Fluor Corp. urged a South Carolina federal judge Friday to end a suit alleging it is liable for a U.S. Army soldier's injuries from a 2016 suicide bombing in Afghanistan, arguing that the case doesn't belong in the state.

  • June 19, 2020

    DOD Official's Emails Dispute Ligado Interference Concerns

    An official in the Pentagon's chief information office disagrees with the U.S. Department of Defense's official assessment that satellite operator Ligado's planned 5G network will wreak havoc on GPS technology, documents obtained by Law360 show.

  • June 19, 2020

    Small Satellite Operators Criticize FCC's C-Band Defense

    A trio of small satellite companies seeking to eviscerate the Federal Communications Commission's C-Band spectrum reorganization plan told the D.C. Circuit on Friday that the agency hasn't justified its slate of drastic changes.

  • June 19, 2020

    $7.95M Deal Ends DOD Drivers' Overtime Suit

    The federal government will pay $7.95 million to end a collective action claiming it underpaid U.S. Department of Defense truck drivers by relying on a formula that miscalculated rest breaks and hours worked, the drivers' attorney told Law360.

  • June 19, 2020

    Bid To Halt John Bolton's White House Memoir Met With Doubt

    A D.C. federal judge expressed strong skepticism Friday of President Donald Trump's emergency bid to immediately block the publication of former national security adviser John Bolton's highly anticipated memoir, saying thousands of copies have already been printed and distributed across the country and shipped internationally for next week's release.

  • June 19, 2020

    S. Korea Escalates WTO Brawl Over Japanese Export Block

    South Korea wants the World Trade Organization to create a panel to review Japan's export restrictions on chemicals sent to the country, alleging the move unfairly singles it out in violation of global trade agreements, according to a notice circulated Friday.

  • June 19, 2020

    GOP Lawmakers Float Outline For Wider Broadband Access

    Two House and Senate Republicans teamed up Thursday to roll out a set of legislative principles designed to expand broadband access, including funding for safer telecom equipment and better mapping initiatives at the Federal Communications Commission.

  • June 19, 2020

    Navy Ship Captain Won't Be Reinstated After COVID-19 Probe

    U.S. Navy leaders said Friday they will not reinstate the former captain of the USS Theodore Roosevelt after an internal investigation highlighted several mistakes he had made in handling a COVID-19 outbreak aboard the aircraft carrier.

  • June 19, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the Vatican dragged into court by companies connected to a real estate deal that has come under criminal scrutiny, an investment company lodge an appeal following a legal setback in a painting dispute with a London art dealer, and a spread betting service sue tycoon Robert Tchenguiz. Here, Law360 looks at those and other new claims in the U.K.

  • June 18, 2020

    New York City To Force NYPD To Reveal Surveillance Tools

    The New York City Council voted Thursday to require the NYPD, the nation's largest police department, to reveal details on the facial recognition software, cellphone trackers and other surveillance tools it uses to monitor people.

  • June 18, 2020

    GAO Denies Protests Over $190M Nuclear Clean-Up Contract

    The U.S. Government Accountability Office has shot down protests from two nuclear waste remediation companies — including one from the current contractor — ruling that the Department of Energy was reasonable in rejecting their bids for a $190 million contract.

  • June 18, 2020

    Agency Can't Claw Back Full $1.1B From Afghan Food Deal

    The Armed Services Board of Contract Appeals ruled that the Defense Logistics Agency can't claw back the full $1.1 billion the agency alleged it overpaid to a food supplier in Afghanistan, saying some disputed cost claims had been legitimate.

  • June 18, 2020

    Remington Says Revised Sandy Hook Suit Still Lacking

    Remington on Wednesday asked a Connecticut state court to strike the claims brought by families of the victims of the mass shooting at Sandy Hook Elementary School, saying they failed to show facts linking the firearms company's advertising to the shooter's attack.

  • June 18, 2020

    New Bill Floats Green Cards For Nat'l Security Innovators

    Legislators have proposed a new path to permanent U.S. residency in a bipartisan bill that would establish a special visa program for foreign citizens working to protect U.S. national security concerns.

  • June 18, 2020

    Italian Exec Gets 2 Years For Breaking Russia Sanctions

    An Italian business owner at the heart of a conspiracy to export an American-made turbine to Russia has been sentenced to more than two years in federal prison, the U.S. Department of Justice announced Thursday.

  • June 18, 2020

    FCC's Pai Defends Ligado Decision Process To Congress

    Federal Communications Commission Chairman Ajit Pai is defending his agency's approval of Ligado Networks' ground-based 5G system to congressional military advocates, pushing back on some assertions that the agency tried to covertly push the plan through without proper vetting.

  • June 18, 2020

    Senators Target Theft Of Universities' IP From China, Others

    A group of bipartisan senators led by Ohio Republican Rob Portman announced Thursday that it was introducing a bill to prevent China and other foreign governments from stealing intellectual property developed at U.S. colleges and universities.

  • June 18, 2020

    Senate Bill Seeks To Protect IGs After Ousters By Trump

    A bipartisan group of senators introduced a bill on Thursday aimed at beefing up protections for government watchdogs following the Trump administration's ouster of Intelligence Community Inspector General Michael Atkinson and State Department Inspector General Steve Linick.

Expert Analysis

  • How Minority Shareholders Can Limit FTC Antitrust Scrutiny

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    Because common minority ownership may have anti-competitive effects, and litigation could be on the horizon, investors who own minority interests in competitors should take proactive steps to avoid Federal Trade Commission enforcement, say attorneys at Norton Rose.

  • Opinion

    If The DOD Wants Ligado's Spectrum, It Should Buy It

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    The U.S. Department of Defense should stop blocking Ligado Networks' 5G network due to concerns it interferes with the department's GPS, and should instead pay the opportunity cost to buy Ligado's spectrum, say Thomas Lenard at the Technology Policy Institute and Lawrence White at the NYU Stern School of Business​​​​​​​.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How COVID-19 Applies To Weakened Competitor M&A Defense

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    A New York federal court's February decision allowing the T-Mobile/Sprint merger and the large number of companies weakened by the pandemic will result in merging parties justifying potentially anti-competitive mergers primarily on the basis of efficiencies and weakened competitor status, say James Langenfeld and Chris Ring at Ankura Consulting.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • How Anti-Terrorism Act Extension Affects Mainstream Cos.

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    Expansion of the Anti-Terrorism Act to include secondary aiding and abetting claims, in conjunction with a stream of pro-plaintiff legislation, is increasing both liability and loss-of-reputation risk for private companies and banks operating in troubled foreign regions, say attorneys at Skadden.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Justices' SEC Disgorgement Ruling May Shape FCPA Matters

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    The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • CFIUS Proposal May Disproportionately Hit Certain Countries

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    A recent Committee on Foreign Investment in the United States proposal would change the trigger for mandatory CFIUS filing from industry group designation to nationality-based export controls, facilitating investment from favored countries while discouraging investment from others, say attorneys at Arnold & Porter.

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