Aerospace & Defense

  • June 11, 2020

    11th Circ. Asked To Revive Pulse Shooting Social Media Suit

    Survivors and relatives of victims of the 2016 Pulse nightclub massacre have asked the Eleventh Circuit to reverse the dismissal of their suit against Twitter, Google and Facebook, saying they've established that the shooter was radicalized by materials the Islamic State posted on its platforms.

  • June 11, 2020

    Chase Inks $62M Deal With Military Class In Overcharge Suit

    A class of servicemembers on Thursday urged a North Carolina federal court to approve a $62 million deal it reached with Chase Bank over allegations the financial institution overcharged them under the bank's Servicemembers Civil Relief Act program.

  • June 11, 2020

    Ex-DEA Spokesman Admits Posing As CIA Agent In $4M Scam

    A former Drug Enforcement Administration spokesman admitted to impersonating a Central Intelligence Agency officer in order to swindle a dozen D.C.-area companies out of nearly $4.5 million, according to a plea deal in Virginia federal court Thursday.

  • June 11, 2020

    Judge Says Iran Owes Injured Marines $74M For Terror Attack

    A D.C. federal judge has ordered Iran to pay $74 million to two Marines and their family members over a 1983 terrorist bombing, saying the pair had shown they suffered severely as a result of the attack.

  • June 11, 2020

    NTIA Argues Ligado Overstates FCC's Spectrum Purview

    Trump administration officials are accusing Ligado Networks of overstating the Federal Communications Commission's authority over a spectrum band typically used for satellite transmission and of encouraging the FCC to steamroll other government branches seeking to pause a commission decision allowing the company to deploy a ground-based 5G network.

  • June 11, 2020

    Move Quickly To Regulate 'Forever Chemicals,' EPA Hears

    Democratic attorneys general and environmental groups have urged the U.S. Environmental Protection Agency to quickly create strong drinking water regulations for two common "forever chemicals," while industry groups say more research is needed before standards are implemented.

  • June 11, 2020

    House Rep. Puts China On Notice With Accountability Act

    A Republican House member with the support of 22 lawmakers unveiled a bill Thursday to combat China's theft of U.S. intellectual property by prohibiting Chinese nationals from visiting the U.S. on trips involving technology, engineering and science.

  • June 11, 2020

    FCC Denies Small Satellite Cos.' Delay Bid In C-Band Overhaul

    The FCC has denied a request by small satellite operators to hit the brakes on an auction of a wide swath of prized airwaves in the C-band while they fight the plan in the D.C. Circuit.

  • June 11, 2020

    Northrop Must Pay $3.6M To Reseller Over Contract Breach

    Defense giant Northrop Grumman Corp. must pay KST Data Inc. $3.6 million for failing to break a purchasing agreement when the computer hardware reseller fell under a government investigation, a California federal judge ordered.

  • June 11, 2020

    Trump Moves To Sanction Int'l Criminal Court Officials

    President Donald Trump authorized the federal government on Thursday to sanction International Criminal Court officials who investigate the U.S. military's operations in Afghanistan, declaring that the probes threaten America's independence and national security.

  • June 11, 2020

    Sen. Graham Gets Subpoena Power In Probe Of Russia Inquiry

    A party-line vote in the Senate Judiciary Committee on Thursday gave Chairman Lindsey Graham the power to unilaterally subpoena dozens or hundreds of people involved in federal investigations related to Russia and President Donald Trump's 2016 campaign.

  • June 11, 2020

    Contractor To Pay $68.4M Over Korea Army Base Bribery Plot

    One of South Korea's largest construction companies has pled guilty to wire fraud and agreed to pay $68.4 million for bribing a U.S. Department of Defense official to secure a contract for a project on the U.S. Camp Humphreys military base in South Korea.

  • June 10, 2020

    8th Circ. Upends Jet Co. Workers' Win In Overtime Case

    The Eighth Circuit said Wednesday that a lower court jumped the gun in ruling that a group of employees of a Dassault Aviation unit weren't exempt from overtime requirements, finding there were factual disputes over how the workers were paid.

  • June 10, 2020

    Trump Sued To Explain Views On President's Military Authority

    Congress required President Donald Trump to give a report describing his interpretation of his military force authority — a report that is now more than three months overdue, according to a lawsuit in D.C. federal court.

  • June 10, 2020

    Feds Grilled Over JEDI Conflict Of Interest In Oracle Appeal

    A Federal Circuit judge pushed the government on Wednesday to explain why a conflict of interest involving a former U.S. Department of Defense employee tied to Amazon shouldn't require the DOD to start over on its $10 billion JEDI cloud deal.

  • June 10, 2020

    FBI To Retain Outside Firm To Improve Warrant Protocols

    The Federal Bureau of Investigation will retain an outside consulting firm to aid agency efforts to ensure its surveillance warrant applications are accurate, following a report that criticized errors in the request to track former Trump campaign adviser Carter Page.

  • June 10, 2020

    FCC Pushed To Cut Off Telecoms Despite China Pressure

    The federal government's spectrum management branch lent support this week to the Federal Communications Commission's efforts to deny subsidies to Chinese equipment vendors that pose potential security risks, as Chinese carriers separately entreated the agency to continue their U.S. operations.

  • June 10, 2020

    Retired Judge Calls DOJ's Flynn Flip 'Gross Abuse Of Power'

    The U.S. Department of Justice's attempt to drop Michael Flynn's case is a "gross abuse of prosecutorial power," a retired federal judge tapped to make the case against the DOJ's move said Wednesday, just days before the D.C. Circuit is set to hear an emergency petition Flynn lodged seeking immediate dismissal. 

  • June 10, 2020

    Energy Dept.'s Facilities Upgrade Plan Criticized By Watchdog

    The U.S. Department of Energy's National Nuclear Security Administration doesn't have a sufficient plan for managing costs and risks associated with its $1 billion project to upgrade its microelectronic production facilities in Albuquerque, New Mexico, according to a watchdog report.

  • June 10, 2020

    Gov't Contracts Pro Rejoins Jenner & Block As Team Co-Chair

    Jenner & Block LLP convinced a Crowell & Moring LLP partner to rejoin its government contracts team and help build the bench as practice co-chair.

  • June 09, 2020

    Raytheon Ducks ERISA Suit Over Denied Therapy Coverage

    A Massachusetts federal judge Tuesday tossed a putative Employee Retirement Income Security Act class action brought by an employee accusing Raytheon Co. of refusing coverage under its health insurance plan for their son's speech therapy to treat autism spectrum disorder.

  • June 09, 2020

    Senate Slams Lack Of Oversight On Chinese Telecoms In U.S.

    The Senate Homeland Security Committee criticized the "little-to-no oversight" that Chinese state-owned telecom companies have received in the last two decades in a report released Tuesday, following efforts by the Trump administration to raise the alarm of the national security dangers of Chinese companies operating in the U.S.

  • June 09, 2020

    New FCC Subsidy Fund Contemplates Broadband Satellites

    The Federal Communications Commission on Tuesday moved forward with a framework to distribute up to $16 billion in rural broadband subsidies and left the door open for satellite broadband companies to qualify for the handouts.

  • June 09, 2020

    GAO Says Outdated Inventory System Hurt VA Virus Response

    The U.S. Department of Veterans Affairs' ability to respond to COVID-19 has been hurt by an "antiquated" inventory management system, limiting oversight into its critical medical supply stocks, the U.S. Government Accountability Office said Tuesday.

  • June 09, 2020

    Fed Circ. Overturns 'Unreasonable' Claim Against Army Corps

    The Federal Circuit overturned a decision granting an Army Corps of Engineers construction contractor additional compensation after it had to drill deeper building foundations than it expected, saying Tuesday that an appeals board wrongly ignored the company's "unreasonable" position.

Expert Analysis

  • Essential Worker Exceptions From State Stay-At-Home Orders

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    Attorneys at Mayer Brown present a state-by-state compilation of COVID-19-related emergency orders as they relate to essential workers, to help government contractors operating in multiple locations meet the substantial challenge of remaining compliant.

  • Managing FCA Risk Stemming From Virus Relief Funds

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    For Coronavirus Aid, Relief and Economic Security Act beneficiaries, the most likely sources of False Claims Act liability arise from material misstatements in loan applications or the failure to satisfy qualifications tied to longer-term deadlines, say attorneys at White & Case.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • 3 Recommendations For Cos. Considering Litigation Finance

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    Litigation finance could be a valuable tool for businesses as they weather the COVID-19 crisis, but it is important to select the right funder and ensure the economics of the funding agreement make sense, says Erika Levin at Lewis Baach.

  • A Proposed Technology-Assisted Review Framework

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    Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

  • Inside DOD Guidance On CARES Act Paid Leave Relief: Part 2

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    Government contractors with fixed-price, cost-reimbursement, and time-and-material and labor hour contracts should adopt best practices that reflect U.S. Department of Defense guidance for implementing the Coronavirus Aid, Relief, and Economic Security Act provisions for reimbursement of virus-related paid leave, say Michael McGill and Paul Pompeo at Arnold & Porter.

  • Inside DOD Guidance On CARES Act Paid Leave Relief: Part 1

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    The Coronavirus Aid, Relief, and Economic Security Act provision addressing government contractor reimbursement for coronavirus-related paid leave costs is somewhat ambiguous, but recent U.S. Department of Defense guidance answers many questions concerning eligibility and prerequisites for relief, say Michael McGill and Paul Pompeo at Arnold & Porter.

  • How Lawyers Can Find Equanimity In Crisis

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    Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Opinion

    Courts Should Look To 3 Bar Exam Alternatives During Crisis

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    While the pandemic delays bar exams, jurisdictions should adopt other ways to license new lawyers, as sticking to the status quo would abdicate our profession’s responsibility to meet the public’s legal needs, say law professors Deborah Jones Merritt, Marsha Griggs and Patricia Salkin.

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • What To Expect In The Emerging Age Of Quantum Computing

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    Though the full effects of quantum computing likely won’t be felt for a number of years, the technology recently moved to the commercial market, and attorneys must begin to consider its vast potential and its cybersecurity risks, say Nicholas Smith and Ryan McKenney at Milbank.

  • How COVID-19 Might Uproot Centuries Of Litigation Traditions

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    Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

  • ​​​​​​​CFIUS' Real Estate Reference Tool Comes With Limitations

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    The Committee on Foreign Investment in the United States’ recently released geographic reference tool for determining whether foreign transactions are subject to new real estate regulations suffers from several shortcomings, including its role as a guideline only, its over- and under-inclusivity in certain areas, and disregard for exceptions, say attorneys at Ropes & Gray.

  • Consider Legal Ramifications Before Recording Video Calls

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    Given the ease with which videoconference participants can unwittingly risk civil and criminal liability by unlawfully recording calls, attorneys should be mindful of — and clients may appreciate prospective advice on — state consent laws and the various meeting platforms' consent features, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

  • Avenues For Fast-Tracking Gov't Procurement In Emergency

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    There are several provisions available to government contractors and agency procurement officials looking to source goods and services more quickly during the pandemic, including simplified acquisition thresholds and relief from competition requirements, say attorneys at Smith Pachter.

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