Aerospace & Defense

  • October 31, 2019

    Bombardier Unloads Aerostructure Biz In $630M Spirit Deal

    Bombardier will sell its aerostructure business to Spirit AeroSystems for roughly $630 million in cash, plus the assumption of liabilities, in order to focus on its trains and business aircraft units, the company said Thursday.

  • October 31, 2019

    Gov't Contracts Of The Month: F-35s, JEDI And Tanker Deals

    In this second monthly (and Halloween) edition of Government Contracts of the Month, Law360 spotlights some of October's biggest treats, including the contentious $10 billion JEDI contract, Lockheed Martin's $34 billion fighter jet deal and $43.2 million for space technology.

  • October 31, 2019

    3rd Circ. Told NASA Supplier Didn't Legally Own Trade Secrets

    A NASA supplier didn't have any legally protectable trade secrets, according to a Third Circuit appeal lodged by an engineer who used to work for the company and was accused of stealing designs and usurping a contracting opportunity at a government-run rocket launch facility.

  • October 31, 2019

    DOJ Blocks Attorneys From Favored Settlement Tool

    The U.S. Department of Justice left attorneys scratching their heads when it prohibited the use of environmental projects as an option in enforcement settlements with state and local governments, stripping litigators of a well-liked tool that often smoothed negotiations and benefited communities.

  • October 30, 2019

    Suit Over Asylum-Seekers Parole Policy Leaves Judge Wary

    A D.C. federal judge pointedly said Wednesday he doesn't want to get his court too involved in a class action alleging that asylum-seekers are being unlawfully denied parole despite showing credible fear of returning home.

  • October 30, 2019

    2nd Circ. Upholds Safeco's $14M Win Over Army Project Loss

    The Second Circuit on Wednesday affirmed that Safeco Insurance Co. of America can recover nearly $14 million from a builder that defaulted on contracts for three projects with the Army Corps of Engineers, saying a lower court's calculations of the insurer's losses and attorney fees were well-founded.

  • October 30, 2019

    Subcontractor Blasted For Defective Work On Army Aircraft

    An Army contractor has accused an Arizona company of negligence and breach of contract, saying its shoddy work on government aircraft cost it more than $12 million.

  • October 30, 2019

    DHS Waives More Enviro Rules To Build Border Wall In Texas

    Days before the head of the U.S. Department of Homeland Security steps down, the agency on Wednesday once again waived environmental laws it said were in the way of quickly building barriers along Texas’ southern border with Mexico to stem the flow of unauthorized immigrants and drugs.

  • October 30, 2019

    Justices Asked To Take Depressed Worker's Bias Case

    The U.S. Supreme Court needs to clear up a circuit split over whether disciplining a worker for conduct caused by a disability counts as disability discrimination, according to a former federal intelligence agency employee who claimed attendance issues stemming from depression cost her her job.

  • October 29, 2019

    Gov't Doesn't Have To Reimburse KBR For Delays, Army Says

    The Army urged the Federal Circuit to back a contracting board’s decision sparing it from having to pay Kellogg Brown & Root Services Inc. more than $48 million for military escort delays, saying that KBR’s deal with a subcontractor barred compensation for such delays.

  • October 29, 2019

    Contrite Boeing Chief Vows 737 Max Fixes In Senate Hearing

    Boeing's chief apologized for the company's "mistakes" designing and developing the 737 Max involved in two fatal crashes overseas, but disputed claims the American aerospace giant intentionally undercut regulatory oversight, during his first public hearing before a Senate panel Tuesday.

  • October 29, 2019

    DOJ Wins Stay On Turnover Of Mueller Grand Jury Docs

    The D.C. Circuit late Tuesday stayed a district judge's order for the Justice Department to give the House Judiciary Committee unredacted grand jury documents from former special counsel Robert Mueller's probe into Russian election interference.

  • October 29, 2019

    Drone Distributor Shores Up Lockheed Contract Breach Suit

    A former Lockheed Martin distributor has beefed up its suit claiming that the defense industry giant refused to repair or refund faulty drones, after Lockheed argued that the distributor's lawsuit alleging a breach of contract was too vague to continue.

  • October 29, 2019

    Facebook Sues Company Over Alleged WhatsApp Hacking

    Facebook sued the Israeli cybersurveillance firm NSO Group in California federal court on Tuesday, claiming that the company used malware to infiltrate the messaging platform WhatsApp and spy on attorneys, political dissidents and human rights activists.

  • October 29, 2019

    Advent's £4B Cobham Buy Nabs EU Regulatory Approval

    Advent International Corp. on Tuesday secured a green light from Europe's competition watchdog for its £4 billion ($5.15 billion) take-private of technology manufacturer Cobham PLC, but the private equity firm is still working with the U.K. to address potential national security concerns with the deal.

  • October 28, 2019

    Key Trump Impeachment Witness Seeks Clarity On Testifying

    Former Trump deputy national security adviser Charles Kupperman did not appear on Monday for a scheduled deposition before three House congressional committees involved in Democrats' impeachment inquiry against President Donald Trump, days after asking a D.C. federal judge to rule on whether he's lawfully obliged to comply.

  • October 28, 2019

    DOD Likely To Wait For Amazon's Protest Before Starting JEDI

    The U.S. Department of Defense is likely to wait to see if Amazon will protest its contentious $10 billion JEDI cloud contract award to Microsoft before beginning the project, the head of a federal contractors' group said Monday.

  • October 28, 2019

    Border Wall Diversion Invites Russian Meddling, Dems Say

    Senate Democrats have warned that President Donald Trump’s decision to pull $1.3 billion from national security funds to finance his long-promised border wall could signal to the Kremlin that it has the go-ahead to meddle in the affairs of the U.S.' European allies.

  • October 28, 2019

    Pai Advances Plan To Scrub Huawei, ZTE From US Networks

    Federal Communications Commission head Ajit Pai circulated a proposal Monday that would require U.S. telecoms to cut ties with Huawei and ZTE and extract existing gear made by the two Chinese tech titans.

  • October 28, 2019

    Travelers Hits Contractor With $3.7M Suit Over FBI Building

    A Travelers unit has filed suit against a Puerto Rico-based contractor claiming it breached an indemnity agreement and cost the insurer more than $3.7 million over construction of an FBI building in San Juan.

  • October 28, 2019

    Tetra Tech's Recusal Bid 'Inappropriate,' Calif. Judge Says

    The San Francisco federal judge overseeing an environmental cleanup suit against Tetra Tech said the company's claims that he is prejudiced against it "border on frivolous" because they mostly rely on a single sentence in a remand order.

  • October 28, 2019

    Gov't Appeals Order To Share Mueller Grand Jury Info

    Two days before a deadline to hand over unredacted grand jury documents from former special counsel Robert Mueller's probe, the government filed an appeal Monday and urged a delay of the judge's order while the case goes before an appeals court or even the U.S. Supreme Court.

  • October 28, 2019

    Law360's Tort Report: Personal Injury & Med Mal News In Brief

    A key GOP senator's efforts to block a bill that would let military service members sue the government for medical malpractice and an injury firm’s clash with a rival over alleged Google advertising shenanigans lead Law360's Weekly Tort Report, a roundup of recent personal injury and medical malpractice news that may have flown under the radar.

  • October 25, 2019

    US Watchdogs Slam DOJ's Ukraine Whistleblower Memo

    A group of federal watchdogs has criticized the U.S. Department of Justice for determining that a whistleblower’s report about allegedly inappropriate White House interaction with Ukraine wasn't an “urgent concern,” thereby blocking the complaint from being sent to Congress.

  • October 25, 2019

    Microsoft Scores DOD's $10B Cloud Contract Over Amazon

    The U.S. Department of Defense said Friday that it had tapped Microsoft Corp. for its $10 billion Joint Enterprise Defense Infrastructure cloud contract, rejecting top contender Amazon Web Services Inc. for the deal.

Expert Analysis

  • 2 High Court Admiralty Cases Diverge On Common Law's Role

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    Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.

  • Recent IRS Notices Blow Favorable For Wind Projects

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    Two recent IRS notices, adjusting the value of production tax credits and creating a safe harbor for certain U.S. Department of Defense-caused project delays, provide a small breath of fresh air for the onshore wind industry, says David Burton at Norton Rose.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • The Latest Executive Order On Buying American Has Teeth

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    Earlier executive orders aimed at strengthening compliance with the Buy American Act were essentially position statements. Monday’s executive order differs, however, because it proposes a textual change to the Federal Acquisition Regulation, one that would have wide-ranging, potentially disruptive effects on government contractors, say attorneys at Covington.

  • 5 Takeaways From DOJ Focus On Chinese Trade Secret Theft

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    Since its official announcement of the China Initiative eight months ago, the U.S. Department of Justice has publicized the initiation of six new cases that include references to both trade secrets and China. These shed some light on DOJ and U.S. business priorities, says Sara O’Connell at Pillsbury.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Regulatory Push For Transportation Cybersecurity

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    Transportation remains one of the few U.S. critical infrastructure sectors that is not covered by federal cybersecurity mandates. But in the last few months, the White House, the U.S. Department of Homeland Security and Congress have begun raising concerns, and new regulations may be on the way, says Norma Krayem of Holland & Knight.

  • Foreign Investment In US Biotech Gets Greater Gov't Scrutiny

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    Chinese investment in the U.S. biotech industry is attracting increased government oversight, as evidenced by the Committee on Foreign Investment in the United States blocking several such transactions in the last 16 months. Two important proposed rules could materially affect the industry further, say attorneys at Morgan Lewis.

  • What Justices' Deference Opinion Means For Employers

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    The U.S. Supreme Court rewrote the rules on judicial deference to federal agency guidelines with its recent decision in Kisor v. Wilkie. For employers — where agency guidance frequently disclaims authoritative use — it means a lot of settled law is potentially up for grabs, says Steven Katz at Constangy Brooks.

  • How High Court FOIA Ruling Will Help Gov't Contractors

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    The U.S. Supreme Court's recent Food Marketing Institute v. Argus decision will make it easier for government contractors to protect financial information from Freedom of Information Act requests even though the new standard for obtaining a FOIA exemption is somewhat unclear, say James Boland and Christopher Griesedieck of Venable.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Bid Protest Spotlight: Timing, RFP Criteria, Award Calculation

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    In his monthly bid protest roundup, Charles Capito of Morrison & Foerster discusses three June decisions — a U.S. Court of Federal Claims opinion evaluating a highly unusual procedural posture, a U.S. Government Accountability Office finding regarding criteria used to distinguish identical offerors, and a GAO finding about the incorporation of prime contractor fees in award percentages.

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