Aerospace & Defense

  • November 15, 2019

    Warrantless GPS Tracking Paused Since Carpenter, Sen. Says

    The federal government hasn't collected cellphone location or GPS data without a warrant since the U.S. Supreme Court issued its landmark Carpenter decision last year, the head of the intelligence community has disclosed to a Democratic senator who's pushing Congress to ban such warrantless data grabs.

  • November 15, 2019

    Investors Knew Of Mozambique Graft, Boustani Jury Hears

    Jurors in the securities fraud trial of Privinvest Group executive Jean Boustani over a purported $2 billion fraud and kickback scheme involving Mozambican state-backed loans heard on Friday from a former emerging markets asset manager turned consultant who said corruption in the East African country was well known to investors.

  • November 15, 2019

    Claims Court Tosses Challenge To $991M Army Bundle Deal

    A small business can’t pursue a second protest over a U.S. Army decision to bundle 10 support contracts into a single $991 million deal, after a U.S. Court of Federal Claims judge ruled Friday that the nature of the deal puts it outside the court’s jurisdiction.

  • November 15, 2019

    5 Takeaways As DOJ Finds Footing In FCA Dismissal Crusade

    The U.S. Department of Justice's controversial crusade against disfavored False Claims Act suits appears to be on increasingly solid ground after a series of court decisions allowing the DOJ to end whistleblower FCA cases. Here, Law360 spotlights five key takeaways from the government's recent success.

  • November 15, 2019

    Avianca Majority Investor Says United Is Mounting A Takeover

    The majority shareholder of Avianca Holdings SA filed suit against United Airlines and another Avianca investor on Friday for trying to dilute its majority stake in a “transparent attempt” to acquire full control of the Latin American airline.

  • November 15, 2019

    Trade Court Sees Limits On Trump's Use Of Security Tariffs

    The U.S. Court of International Trade on Friday rebuked President Donald Trump for his use of a Cold War-era trade law to set tariffs based on national security, keeping alive an importer's suit challenging a duty increase against Turkish steel.

  • November 15, 2019

    Fed. Circ. Says DOD Can’t Deny $253M Northrop Cost Claim

    The Federal Circuit ruled Friday that the Defense Contract Management Agency can't deny Northrop Grumman Corp.’s claim for $253.4 million in retiree benefit costs after the company switched cost accounting methods because Northrop more than offset the difference through a benefit contribution cap.         

  • November 15, 2019

    AlarMax, Honeywell Settle Price Discrimination Suit

    A Pittsburgh security company's long-running dispute with Honeywell International Inc. appeared to have reached a settlement, after a mediator announced the case was resolved Thursday and a Pennsylvania federal court closed the case Friday, court records showed.

  • November 15, 2019

    High Court Border Death Case May Curb Suits Against Feds

    The U.S. Supreme Court’s skepticism aimed at a 15-year-old Mexican boy’s parents suing an American border agent for their son’s death could result in a ruling that restricts individuals’ ability to sue federal officers for violating their constitutional rights.

  • November 15, 2019

    Trump And House Dems Seek End To Suit Over Subpoena

    President Donald Trump and House Democrats are urging a D.C. federal judge to toss a lawsuit brought against them by a former White House national security aide who is navigating the competing demands of a congressional subpoena and presidential instructions not to testify before Congress.

  • November 15, 2019

    Jury Convicts Trump Ally Roger Stone On All Counts

    A D.C. federal jury found former Trump campaign adviser Roger Stone guilty Friday of all seven felony charges of lying to Congress about his connections with WikiLeaks, witness tampering and obstructing a congressional committee's probe into Russian interference in the 2016 U.S. presidential election.

  • November 14, 2019

    Mozambique Maritime Deals Were Legit, Boustani Jury Hears

    Attorneys for Privinvest Group executive Jean Boustani on Thursday sought to cast a different light on maritime projects in Mozambique that prosecutors say were at the center of a $2 billion fraud and kickback scheme, eliciting testimony from insiders at the Abu Dhabi-based shipbuilder who told jurors the projects were aboveboard.

  • November 14, 2019

    Amazon Plans To Fight Microsoft's Win Of $10B JEDI Contract

    Amazon said Thursday it plans to challenge the Pentagon's highly sought after $10 billion Joint Enterprise Defense Infrastructure cloud computing contract, which the U.S. Department of Defense awarded to Microsoft last month.

  • November 14, 2019

    Facebook Says Gov't Demands For User Data At All-Time High

    Facebook said Wednesday that it received more requests from governments around the world for access to user data in the first half of 2019 than ever before, and insisted that it continues to push back on overbroad demands and doesn't provide officials with "back doors" to encrypted data. 

  • November 14, 2019

    Stone Jury Asks If WikiLeaks Contact Claim Is Testimony

    A D.C. federal jury deciding the fate of former Trump campaign adviser Roger Stone ended its first day of deliberations Thursday with two written questions, including one appearing to indicate that jurors are wrestling over whether the longtime Republican operative lied that a liberal talk show host was his intermediary with WikiLeaks.

  • November 14, 2019

    Boeing Mechanics Sue NLRB For Grounding Bargaining Unit

    A union that won an election to represent a group of Boeing mechanics at a South Carolina plant has sued the National Labor Relations Board, claiming the board's decision to block the workers from organizing separately from others on the 787 Dreamliner assembly line violated federal labor law.

  • November 14, 2019

    Bid Protest Successes Counter Agencies' Frivolity Concerns

    The continued high success rate for federal contract protests at the Government Accountability Office over the last five years, as shown in a recent GAO report, belies lawmaker and agency concerns about frivolous protests.

  • November 14, 2019

    Bipartisan Bill Would Curb Gov't Use Of Facial Recognition

    Two U.S. senators introduced a bipartisan bill on Thursday that would require federal law enforcement to get a warrant to track people using facial recognition technology for longer than 72 hours, the latest bid to scale back the use of a largely unregulated technology.

  • November 14, 2019

    Several Families Settle With Boeing Over Lion Air Crash

    An Illinois federal judge on Thursday approved nine confidential settlements in a consolidated case against Boeing over the October 2018 Lion Air crash that killed all 189 passengers on board.

  • November 14, 2019

    OIG Says VA Put Military Members At Risk For Identity Theft

    The U.S. Department of Veteran Affairs’ Office of Inspector General released a report Thursday that the VA exposed millions of veterans and service members to identity theft because it stopped requiring that their personal information be redacted on documents.

  • November 14, 2019

    Barr Urges FCC To Block Chinese Telecom Giants

    U.S. Attorney General William Barr unequivocally named Chinese telecom giants Huawei Technologies Co. and ZTE Corp. as threats to national security in a letter to the Federal Communications Commission posted Thursday, urging FCC Chairman Ajit Pai to proceed with a rule cracking down on the companies.

  • November 13, 2019

    Feds Rest In Case Of Alleged $2B Mozambican Loan Fraud

    New York federal prosecutors on Wednesday rested their monthlong case against Privinvest Group executive Jean Boustani, who stands accused of conspiring to defraud investors in $2 billion worth of loans used to finance state-backed maritime projects in Mozambique.

  • November 13, 2019

    Israeli-Owned Co. To Pay $2.8M Over US Military Contract

    An American subsidiary of an Israeli construction company will pay the U.S. government $2.8 million and abandon $16 million in potential administrative claims, ending False Claims Act allegations that its Israeli parent actually did the work on a military port contract meant for U.S.-based companies.

  • November 13, 2019

    Jurors Set To Determine Trump Pal Roger Stone's Fate

    A 12-member jury will begin deliberations Thursday in former Trump campaign adviser Roger Stone's criminal trial after prosecutors made their final pitch Wednesday afternoon.

  • November 13, 2019

    F-35 Still Way Behind DOD Goals For Mission Availability

    Despite notable progress on long-running sustainment issues, the U.S. Department of Defense still needs to dig out of a “big hole” to get the F-35 fighter jet to the expected level of mission readiness, a government watchdog told lawmakers Wednesday.

Expert Analysis

  • Suspension And Debarment: FY 2019 By The Numbers

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    The System for Award Management shows that federal agency suspension and debarment activity is experiencing a multiyear, pronounced decline, with the notable exception of an uptick in exclusions of firms, says David Robbins of Crowell & Moring.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • DOD Clarifies Contractor Cybersecurity Certification Process

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    Amy Conant Hoang and Sarah Burgart at K&L Gates explain last week's important changes to the draft Cybersecurity Maturity Model Certification procedures, a framework developed by the U.S. Department of Defense to measure a contractor’s ability to safeguard information handled in the performance of DOD contracts.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Opinion

    In A Trade War, Everyone Loses

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    While some countries may temporarily benefit from bilateral trade disputes, in the long term, the Trump administration's protectionist strategy puts at risk the enormous achievements of the last decades, both in the U.S. and globally, says Anahita Thoms at Baker McKenzie.

  • Bid Protest Spotlight: Jurisdiction, Standing, GAO Limits

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    In this month's bid protest roundup, Victoria Angle and Roke Iko at Morrison & Foerster look at three October decisions: The U.S. Court of Federal Claims considered its jurisdiction, the Federal Circuit looked at standing, and the U.S. Government Accountability Office clarified its scope of review over AbilityOne procurement protests.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • US Business Strategies To Soften Trade War Impact

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    By monitoring the shifting trade landscape and deploying appropriate tariff strategies to mitigate risk, American businesses can minimize the negative effects that ongoing changes in global tariffs may have on their bottom line, say Michelle Schulz and Luis Arandia of Polsinelli.

  • Opinion

    Trump’s Attempt To Intimidate Whistleblowers Is Failing

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    As President Donald Trump amps up his anti-whistleblower rhetoric amid Congress' impeachment investigation into his dealings with the president of Ukraine, expect more — not fewer — people of conscience to come out of the woodwork, say Leah Judge and Hallie Noecker at Constantine Cannon.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Quid Pro Quo 101

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    As three House committees investigate allegations that President Donald Trump sought assistance from Ukraine in the upcoming election, the phrase “quid pro quo” is having a moment; its meaning, however, is limited and specific in federal crimes involving graft, says Luke Cass at Quarles & Brady.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • MDLs Are Redefining The US Legal Landscape

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    With last week’s settlement of a bellwether case in the national prescription opiate multidistrict litigation as one example, a shift toward more expeditious and individualized MDLs is taking place, with the potential to effect profound change in the U.S. legal space, say Alan Fuchsberg and Alex Dang of the Jacob Fuchsberg Law Firm.