Aerospace & Defense

  • August 10, 2020

    Fed Circ. Says Appeals Board Properly Took Air Force Dispute

    The Federal Circuit has ruled that a construction firm is owed some additional reimbursement for extra costs incurred constructing two buildings for the U.S. Air Force, batting away a jurisdictional challenge over whether the company could bring the dispute at all.

  • August 10, 2020

    Trump Asks Justices To Hear $2.5B Wall Fund Transfer Case

    The Trump administration asked the U.S. Supreme Court to review a Ninth Circuit ruling that the administration overstepped its authority by transferring $2.5 billion in defense funds for border wall construction.

  • August 10, 2020

    Fed Circ. Revives Boeing Challenge To Cost Accounting Rule

    The Federal Circuit overturned a lower court's finding that Boeing had waived its challenge to a cost accounting regulation, finding Monday that the company could not have realistically sued before signing a $67 million fighter jet program contract that prompted the accounting dispute.

  • August 10, 2020

    Confusion Prevails Over Extent Of Trump's TikTok 'Ban'

    President Donald Trump's efforts to "ban" TikTok using legal tools that aren't usually aimed at popular mobile apps have left attorneys confused about how exactly the social media platform will be targeted as U.S.-China relations continue to fray.

  • August 10, 2020

    Whistleblowers Who Won $1.7M Get Dropped Claims Revived

    The Tenth Circuit has ruled that four former Afghanistan investigators for defense contractor Vectrus who won $1.7 million over claims they were retaliated against for reporting malfeasance will keep their awards and receive a new chance to bring claims that were dismissed before trial.

  • August 10, 2020

    9th Circ. Resuscitates Calif. Superfund Cleanup Claim

    The Ninth Circuit on Monday revived the recovery claim of a slew of health care, chemical and defense companies against other firms over costs associated with the cleanup of a California Superfund site, saying a lower court wrongly determined the claim was time-barred.

  • August 10, 2020

    Winners Of Contracts Worth $7.5B Keep Defense Project

    The U.S. Government Accountability Office has rejected a California-based software company's challenge to a defense contract, finding that the Defense Department reasonably awarded it to winners of spots in its $7.5 billion Systems, Engineering, Technology and Innovation, or SETI, program.

  • August 10, 2020

    Google Asks 11th Circ. To Uphold Win In Pulse Shooting Suit

    Google urged the Eleventh Circuit on Monday to affirm the company's win in a suit blaming Facebook, Twitter and YouTube for radicalizing the man who carried out the 2016 mass shooting at the Pulse nightclub in Florida, saying a "virtually identical" suit was tossed by the Sixth Circuit.

  • August 10, 2020

    White House Announces Next Midband Spectrum Auction

    The Trump administration plans to auction off a fresh swath of valuable mid-band spectrum for commercial 5G services, the White House said Monday, after the U.S. military hammered out a public-private sharing regime.

  • August 07, 2020

    Bail Denied For Alleged Ghosn Escape Accomplices

    A Massachusetts federal judge on Friday declined to release a former Green Beret and his son while they battle extradition to Japan for allegedly helping Nissan's former CEO escape that country, ruling that they have neither proven that they're being held illegally, nor have they shown any unusual circumstances to warrant release.

  • August 07, 2020

    Trump's US-Made Drug Decree Sows Uncertainty In Industry

    A White House mandate forcing the federal government to buy critical drugs domestically offers flexibility for agencies, but its vague language creates uncertainty for businesses unsure of which drugs will be covered and whether it applies to existing government contracts.

  • August 07, 2020

    Snowden Hit With Discovery Sanction Over Tell-All Book

    Former U.S. intelligence contractor Edward Snowden was sanctioned in Virginia federal court on Friday for his deliberate "wholesale refusal to respond to discovery" related to his memoir released in September, which the court said contained classified information.

  • August 07, 2020

    White House Seeks 2022 Cutoff In China Listings Crackdown

    A White House task force issued policy proposals on Thursday that would give Chinese companies until 2022 to either comply with U.S. audit requirements or get delisted from U.S. exchanges.

  • August 07, 2020

    Attys Request $20.8M After Chase Servicemembers Settlement

    A three-firm team of attorneys who reached a $62 million settlement with Chase bank on behalf of a class of servicemembers on Thursday asked a North Carolina federal judge to approve a $20.8 million sum to cover the class counsel's fees and costs in the matter.

  • August 07, 2020

    NJ Exec, Employee Arrested On Export Fraud Charges

    Two employees of Englewood, New Jersey-based electronic component supplier America Techma Inc. were arrested Thursday on conspiracy charges related to unlawful exports, wire fraud and money laundering allegations, the U.S. Department of Justice has announced.

  • August 07, 2020

    Full DC Circ. Leaves Border Wall Funding Dispute Unresolved

    In light of a full D.C. Circuit finding that the House can sue to enforce subpoenas, a majority of the court on Friday bounced the House's suit over whether the Trump administration can reallocate border wall funding to a three-judge panel to decide.

  • August 07, 2020

    Soldier Can't Sue Over Car Financing, Court Told

    Car financing company United Auto Credit Corp. urged a California federal court to permanently toss a soldier's Military Lending Act claims that it failed to properly disclose certain costs and fees, arguing Thursday the financing contract is not subject to the law.

  • August 07, 2020

    US Sanctions 11 HK Officials Over Nat'l Security Law

    The Trump administration on Friday sanctioned a group of Hong Kong government officials for their role in implementing "draconian" national security legislation in the city-state, including Hong Kong Justice Secretary Teresa Cheng, a former chair of the Hong Kong International Arbitration Centre.

  • August 07, 2020

    Full DC Circ. Says House Can Sue For McGahn's Testimony

    The D.C. Circuit ruled Friday that the U.S. House of Representatives may demand testimony from former White House Counsel Don McGahn.

  • August 06, 2020

    Emory Law Prof Calls Punishment For Using N-Word Unjust

    An Emory University School of Law professor hit his employer and former boss with a libel and retaliation suit Thursday, telling a Georgia federal court that they wrongfully suspended him and irreparably damaged his reputation after he used the N-word during a torts class in 2018.

  • August 06, 2020

    White House Seeks To 'Onshore' Key Drug Manufacturing

    President Donald Trump issued an executive order Thursday seeking to ensure essential medicines are made in the U.S. by shoring up domestic production capabilities and requiring federal agencies to purchase those drugs exclusively from domestic sources.

  • August 06, 2020

    GAO Says Defense Health Unit Reasonably Nixed $43M IT Deal

    The U.S. Government Accountability Office denied a protest over the Defense Health Agency's cancellation and later reboot of an information technology contract, saying the agency had shown its needs had changed following protests over the original deal.

  • August 06, 2020

    Ex-Blackwater Guard Facing Life Denied Retrial In Iraq Killings

    A D.C. federal judge ruled Thursday that a former Blackwater Worldwide guard sentenced to life last year on murder and manslaughter convictions won't stand trial for the fourth time over his role in a Baghdad massacre that killed dozens of unarmed Iraqi civilians more than a decade ago.

  • August 06, 2020

    DOE Seeks Remediators For Nuclear Material Processing Site

    The U.S. Department of Energy is seeking potential contractors for management and environmental remediation at a site in South Carolina formerly used to process plutonium from decommissioned nuclear weapons, which is at the center of an ongoing legal battle.

  • August 06, 2020

    US To Revive 10% Tariff On Canadian Aluminum

    President Donald Trump announced Thursday that he will reinstate a 10% duty on Canadian aluminum later this month, citing a surge in imports that the administration has deemed a threat to national security.

Expert Analysis

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Bid Protest Spotlight: Availability, Removal, Entity Confusion

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    In this month's bid protest roundup, James Tucker at MoFo looks at three recent Government Accountability Office decisions considering an offeror's obligation to report the preaward unavailability of key personnel, grounds for removal from the Small Business Administration's disadvantaged businesses program and the importance of determining what "the offeror" means in each solicitation.

  • Essentra Case Signals New Sanctions Risks For Non-US Cos.

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    The recent settlement of an enforcement action against United Arab Emirates company Essentra FZE, for its dealings with North Korea, is a reminder that virtually any U.S. nexus — even the use of a U.S. bank's foreign branch — can serve as a predicate for trade sanctions, say attorneys at Paul Weiss.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • New IT Restrictions For Gov't Contractors Bring M&A Hurdles

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    Prohibitions taking effect next week on the use of certain Chinese telecommunications technology by government contractors will have an immediate impact on M&A involving companies that do business with the federal government, and will require prospective buyers' careful consideration in four areas, say attorneys at Covington.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Armed Vehicle Ruling Offers IP Lessons For Gov't Contractors

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    The recent Court of Federal Claims decision in Ideal Innovations v. U.S., a long-running infringement case over armored vehicle technology, has lessons for nontraditional government contractors on the intellectual property risks of contracting with the U.S. government, say Nathaniel Castellano and Kristen Riemenschneider at Arnold & Porter.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Lessons From OIG Relief Funding Oversight Report

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    Attorneys at Crowell & Moring distill best practices from the Pandemic Response Accountability Committee's report on challenges offices of inspector general experienced in disbursing federal relief funds, to help recipients avoid missteps and prepare for future audits, investigations or litigation.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • How Contractors Can Reduce Antitrust Risk Amid COVID-19

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    Given coronavirus-related supply chain strains and the U.S. Department of Justice's increased scrutiny of public procurement, government contractors should implement internal controls to prepare for antitrust enforcement inquiries and independent whistleblower claims, say advisers at FTI Consulting and BakerHostetler.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

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