Aerospace & Defense

  • January 27, 2022

    3M Hit With $110M Verdict In Fla. Military Earplug Bellwether

    A Florida federal jury on Thursday sided with two service members who say they suffered hearing damage from using 3M earplugs, awarding the men $110 million in damages, the largest verdict in the sprawling multidistrict litigation's bellwether series to date, according to attorneys for the plaintiffs.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Ex-Defense Chief Esper Close To Deal On Book Redactions

    Former Defense Secretary Mark Esper has neared an agreement with the Biden administration on redacting portions of his upcoming memoir to deal with security concerns, lawyers told a D.C. federal judge Thursday.

  • January 27, 2022

    Watchdog Warns Air Force Against Premature KC-46 Signoff

    The U.S. Government Accountability Office on Thursday urged the U.S. Air Force against greenlighting plans to redesign a critical portion of Boeing's KC-46 aerial refueling tanker without fully vetting the new technology.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Ex-Commander Cops To 'Fat Leonard' Scandal As Trial Nears

    A former Navy officer admitted to accepting thousands of dollars' worth of meals, hotel stays and sex worker services from a contractor, marking the latest officer embroiled in the "Fat Leonard" scandal to plead guilty weeks ahead of trial.

  • January 27, 2022

    Texas Judge Delays Trial In KBR Kickback Scheme

    A Texas federal judge agreed Thursday to delay a trial originally set for mid-February in a lawsuit that accuses KBR Inc. of violating the False Claims Act when a former employee engaged in a kickback scheme with a subcontractor, warning the parties this will be the only continuance allowed.

  • January 27, 2022

    Privacy Groups Push 'Fourth Amendment Not For Sale' Bill

    Consumer privacy advocates are urging lawmakers to advance a bill to prevent law enforcement and intelligence agencies from buying Americans' private data from telecom providers.

  • January 27, 2022

    4 Firms Rep As Satellite Biz D-Orbit Goes Public In $1.3B Deal

    Italian satellite launch business D-Orbit SpA said Thursday it's going public by merging with blank-check company Breeze Holdings Acquisition Corp. in a deal with an enterprise value of $1.28 billion and that was led by four law firms, including K&L Gates LLP and Woolery & Co. PLLC.

  • January 27, 2022

    EPA Asks Court To OK $1.8M CERCLA Deal For Past Navy Site

    The U.S. government asked a North Carolina federal court to sign off on a deal for the Defense Department to put $1.2 million toward cleaning up the site of an old Navy base while ViacomCBS and two other companies agreed to pay over half a million dollars for pollution tied to cabinet manufacturing.

  • January 27, 2022

    FCC Revokes China Unicom's Right To Operate In US

    The Federal Communications Commission voted on Thursday to block China Unicom from continuing to operate communications networks in the U.S., citing national security risks based on the company's ties to the Chinese government. 

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    The Implications Of CFIUS' Rising Profile On M&A

    The Committee on Foreign Investment in the U.S. is viewed as an effective tool for policing mergers and acquisitions with foreign investment components, but experts say its increasing prominence means more legal work on the front end of deals, and a growing number of lawmakers say it should shoulder even more responsibility.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Northrop's Pension Denials Sounded Like Threats, Judge Told

    Former TRW Inc. employees testified in a California federal bench trial over Employee Retirement Income Security Act class claims Wednesday that TRW's successor Northrop Grumman denied them pension benefits despite years of work, with one claiming Northrop's response "almost sounded like I was going to have to start paying them money."

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    FCC Updates Political Ad Record-Keeping Rules

    The Federal Communications Commission has officially updated its record-keeping and political programming rules for companies that hold broadcast licenses, the first serious tweaks that the agency has made in this area in 30 years.

  • January 26, 2022

    CIT Judge Prods Feds On $74M Tariff Refund Refusal

    An importer fighting to recoup $74 million in tariffs appeared to sway the U.S. Court of International Trade against the government's jurisdictional arguments Wednesday, with Judge Timothy M. Reif questioning why the agency would refuse to apply a refund process it created.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Ex-CIA Coder Can't Get New Legal Help For Espionage Retrial

    A Manhattan federal judge on Wednesday refused to replace the standby counsel helping former CIA programmer Joshua Schulte prepare to represent himself at an upcoming espionage retrial, despite a breakdown in the attorney-client relationship.

  • January 26, 2022

    Allied Universal Nabs Ex-Newmeyer Dillion Atty As New CCO

    Allied Universal has hired an ex-Newmeyer Dillion LLP attorney for a new chief compliance officer role after recent legal troubles embroiled the private security giant in allegations of pay discrimination and wrongful deaths.

  • January 26, 2022

    Boeing Takes New $402M Hit On Trouble-Plagued Tanker Jet

    Boeing will take a $402 million hit on its trouble-plagued KC-46 Pegasus tanker program, amid supply chain disruptions and ongoing changes to the tanker jet's remote vision system demanded by the U.S. Department of Defense, it said Wednesday.

  • January 26, 2022

    Law Firms Seek $18.3M For $238M Deal To End 737 Max Suit

    Lieff Cabraser Heimann & Bernstein LLP and Friedlander & Gorris PA have told the Delaware Chancery Court that they are seeking roughly $18.3 million in connection with a proposed $237.5 million deal to end a shareholder derivative suit alleging that Boeing failed to adequately oversee development of 737 Max jets.

  • January 26, 2022

    Vt. Justices Ponder Loss-Of-Use Test In Virus Coverage Suit

    Vermont's high court on Wednesday peppered reinsurers for the country's largest military shipbuilder with questions over whether a loss-of-use test should be adopted in a COVID-19 coverage suit, asking if a trial judge accurately predicted the state's position on the presence of the virus causing physical loss or damage.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

Expert Analysis

  • Key Takeaways From Justices' Military Benefits Ruling

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    The U.S. Supreme Court’s recent concise opinion in Babcock v. Kijakazi — which will reduce Social Security retirement benefits for certain dual-status military technicians — demonstrates how it is more common today for questions of statutorily created rights and government-provided benefits to be resolved through a plain reading of the law, says Christopher Keeven at Shaw Bransford.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Corporate Boards Need Not Fear 7th Circ. Boeing Decision

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    The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

  • Gov't Contractor Takeaways From Biden's Clean Energy Order

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    Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Aviation Watch: Resolving The FAA-FCC Fight Over 5G

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    Concerns over interference with aircraft altimeters are delaying the U.S. rollout of 5G wireless technology, and it may take special action by the Biden administration to resolve the standoff between the Federal Communications Commission and the Federal Aviation Administration over the issue, says Alan Hoffman, a retired attorney and aviation expert.

  • Takeaways From White Collar Criminal Enforcement In 2021

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    White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • What Attys Can Learn From Harvard Professor's Conviction

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    The recent conviction of Harvard professor Charles Lieber, on charges of lying about ties to China, highlights the perils that even highly educated white collar targets face in an FBI interview without counsel present, and it provides urgent lessons for attorneys on guiding their clients through stressful circumstances, say Jack Sharman and Tatum Jackson at Lightfoot Franklin.

  • Bid Protest Spotlight: Nonpublic Info, Brand Names, Prejudice

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    In this month's bid protest roundup, Roke Iko at MoFo discusses three decisions from the U.S. Government Accountability Office and the Federal Circuit, which shed light on the risks of involving former government employees with nonpublic information in the proposal process, requirements for brand-name justification, and when a presumption of prejudice exists.

  • How Congressional Oversight May Shift In 2022 And Beyond

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    Congressional oversight priorities are likely to be shuffled in 2022 and 2023 given the likelihood that this year’s midterm elections will politically realign one or both chambers, with Democrats seizing on a sense of investigative urgency into issues like emergency loans and government contracts, and Republicans deepening scrutiny of the current administration, say Aaron Cutler and Ari Fridman at Hogan Lovells.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • How To Create A Corporate Culture Of Compliance

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    A positive culture can make the difference between a compliance program that sees ethical decision making in a company's everyday operations and check-the-box procedures that do not reflect underlying values or affect the daily conduct of employees, says Howard Weissman at Miller Canfield.

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