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Aerospace & Defense
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March 28, 2024
NYC Firm Hit With $2.3M Suit Over Botched 9/11 Claim
The family of a former Cantor Fitzgerald partner killed in the 9/11 attacks sued a personal injury boutique firm in New York state court over claims it botched their chance at recovering more than $2 million from a federal compensation fund.
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March 28, 2024
Grading Garland: Attys Give AG Mixed Reviews 3 Years In
U.S. Attorney General Merrick Garland's name won't be on the ticket in November, but his performance three years into his tenure is a subplot in the 2024 presidential election.
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March 27, 2024
Evidence On Ex-Mozambique Official Stays In $2B Fraud Suit
A former Mozambique finance minister can't keep evidence from his phone out of a case alleging his involvement in a $2 billion scheme to siphon government-backed project funds from that country after a federal judge in Brooklyn on Wednesday backed the phone's seizure and search.
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March 27, 2024
Veterans Court Must Revisit Claim After Rejecting Evidence
A veterans court must reconsider a request to backdate benefits for a veteran who survived a deadly plane crash while serving, after improperly rejecting evidence offered decades later potentially linking the experience to his PTSD, the Federal Circuit said Wednesday.
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March 27, 2024
COVID Prompted Equity Plan Edit, Raytheon Tells Chancery
Raytheon Technologies Corp. amended employee compensation plans in early 2020 to mitigate "head-spinning unprecedented volatility" from the COVID-19 pandemic, and a shareholder's allegations that directors acted in bad faith by failing to seek stockholder approval should be dismissed, the aerospace company told Delaware's Court of Chancery on Wednesday.
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March 27, 2024
Ex-GC With Lockheed Martin Space Joins Sherman & Howard
A former general counsel and longtime attorney at Lockheed Martin has joined Sherman & Howard LLC as co-leader of the aerospace industry group, the law firm said Wednesday.
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March 27, 2024
Misconduct In 'Fat Leonard' Case Sinks 3 More Guilty Pleas
Alleged prosecutorial misconduct has set up three more defendants charged in relation to the U.S. Navy's "Fat Leonard" scandal to yank their original guilty pleas so they can plead guilty to much less serious charges.
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March 27, 2024
Feds Want Suit Over Spillway's Dolphin Harm Tossed
The U.S. Army Corps of Engineers is asking a Mississippi federal judge to throw out a lawsuit claiming it harmed bottlenose dolphins by keeping a massive flood control spillway above New Orleans open for months and sending some 10.5 trillion gallons of polluted freshwater into the Mississippi Sound.
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March 26, 2024
Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl
A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.
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March 26, 2024
Suit Over Faulty VA Estimates Came Too Late, Claims Court Says
A contractor waited too long to sue the U.S. Department of Veterans Affairs over faulty ridership estimates for a patient transportation contract, the U.S. Court of Federal Claims said, freeing the department from nearly $10.4 million worth of claims.
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March 26, 2024
GOP Bill Would Fund FCC 'Rip And Replace' Program
A pair of Republican senators is hoping to secure funding for the Federal Communications Commission's cash-strapped "rip and replace" program, introducing a bill that would fully fund the replacement of Chinese telecommunications equipment for small network providers.
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March 26, 2024
AI Weapons Detector Faces Investor Suit After Gov't Probes
Evolv Technologies, which makes metal detectors that purportedly use artificial intelligence to detect weapons, is facing a proposed shareholder class action in Massachusetts federal court alleging that false claims about its products' abilities to screen for types of tactical knives and guns led to federal investigations and share declines.
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March 26, 2024
Army Found Not Liable For Canceled Third-Party Lease
A Court of Federal Claims judge on Tuesday tossed a $2.6 million lawsuit seeking to hold the U.S. Army liable for the early cancellation of a railroad lease, finding the railroad operator's contract was with a "middleman," not the Army itself.
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March 26, 2024
Combat Arms Earplugs Settlement Moves To Final Resolution
More than 249,000 U.S. service members who claimed they suffered permanent hearing loss due to 3M's allegedly faulty combat earplugs have signed onto the $6 billion settlement, boasting "more than 99%" participation, according to a Tuesday announcement by the company.
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March 26, 2024
Boeing Can't Exit Wash. Worker's Birth Defect Suit
A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.
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March 26, 2024
Air Force Says Flight Training Isn't Affecting Enviros' Mission
The U.S. Air Force told an Oregon federal court that environmental groups' challenge to expanded warfighter training is based on how the plan would impact local noise levels and animal habitats, and not how the plan was affecting them personally.
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March 26, 2024
FCC Partners With Agencies On Privacy Enforcement
The Federal Communications Commission said Tuesday it will ramp up enforcement with other federal and state agencies to protect sensitive data from hackers and foreign adversaries.
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March 26, 2024
Late Navy Lt.'s Dad Says Northrop Lied About Aircraft Safety
The father of a U.S. Navy lieutenant who died during an aviation training mission alleges Northrop Grumman Corp. lied to the Navy about the safety of its advanced Hawkeye aircraft despite receiving hazard reports on engine failures dating back to 2015.
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March 26, 2024
Menendez Says Corruption Case Still Wrongly Placed In NY
U.S. Sen. Robert Menendez has told a Manhattan federal judge that prosecutors' latest iteration of his corruption indictment doesn't resolve legal deficiencies that plagued previous ones, including a flimsy connection to the Southern District of New York.
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March 26, 2024
Assange Wins Lifeline In Fight Against US Extradition
Julian Assange won a lifeline on Tuesday, prolonging his fight against extradition to the U.S., after an English court delayed ruling on his case to await assurances from American authorities about his safety.
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March 25, 2024
Boeing Called Out For 'Circular' Logic In Love-Triangle Murder
A Washington federal judge suggested on Monday that it would be unfair to let Being avoid liability in the early stages of a case involving a love-triangle among workers that ended in murder, calling the argument against allowing litigation to move forward "circular."
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March 25, 2024
Subcontractor Sues Tech Co. For $1.8M Over RTX Project
A subcontractor hired to move data when RTX Corp. sold a training business to Vertex Aerospace says it plummeted into financial turmoil because master contractor Delaware North America LLC underestimated the scope and cost of the project and asked it to shoulder extra responsibilities without additional compensation.
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March 25, 2024
Gorsuch Irked At Having To Decide $3K Furlough Dispute
Justice Neil Gorsuch expressed incredulity that the U.S. Supreme Court has to resolve a Pentagon employee's $3,000 dispute stemming from a furlough decision, remarking Monday on the "extraordinary" lengths the government has gone to in fighting the case.
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March 25, 2024
GOP Reps. Re-Up Demand For Biden Classified Docs Info
Two top Republicans sent a letter to Attorney General Merrick Garland on Monday threatening to possibly hold him in contempt of Congress if he doesn't answer their subpoena for materials related to the special counsel's investigation of President Joe Biden's handling of classified documents.
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March 25, 2024
US Accuses 7 Chinese Nationals Of Hacking Conspiracy
The Biden administration filed criminal charges and issued economic sanctions on Monday against Chinese nationals who allegedly attempted hack into the accounts of government officials and defense companies under the auspices of a cyberespionage program supposedly backed by China.
Expert Analysis
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What Cos. Can Learn From 2023 Export Enforcement Report
A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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GAO Decision Underscores Complexity Of '180-Day Rule'
The Government Accountability Office's ruling last month in Washington Business Dynamics, evaluating its eligibility for a small business set-aside contract, provides an important reminder for companies to stay vigilant of developments around the evolving "180-day rule" for submitting a proposal, say Stephen Ramaley and Adam Bartolanzo at Miles & Stockbridge.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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How US Companies Can Wield The New Foreign Bribery Law
U.S. companies operating in high-risk markets can use the Foreign Extortion Prevention Act that passed last month to their advantage both in preventing bribe demands and in negotiating with the Justice Department to prevent prosecution or to receive cooperation credit, say attorneys at Squire Patton.
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How Gov't Use Of Suspension And Debarment Has Evolved
A recent report to Congress about federal agencies' suspension and debarment activities in fiscal years 2021 and 2022 shows exclusion remains a threat to government contracting businesses, though proactive engagement with suspending-and-debarring officials and alternate forms of redress are becoming more common, says David Robbins at Jenner & Block.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.