The U.S. Court of Federal Claims ordered the U.S. Army Corps of Engineers to award a $5 million diving services deal to a company whose bid it irrationally rejected as unacceptable, despite initially finding the proposal acceptable.
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TOP NEWS

Army Corps Ordered To Award $5M Deal To Co. It Flipped On

By Alyssa Aquino

The U.S. Court of Federal Claims ordered the U.S. Army Corps of Engineers to award a $5 million diving services deal to a company whose bid it irrationally rejected as unacceptable, despite initially finding the proposal acceptable.

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Joint Venture Says Defense Agency Errors Thwarted Contract

By Rae Ann Varona

An Alabama joint venture hauled the U.S. government into the U.S. Court of Federal Claims, alleging it was shut out of a Missile Defense Agency deal due to multiple errors the agency made when assessing the joint venture.

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Bell, Boeing Face Suit Over Marines Killed In Osprey Crash

By Mike Curley

The families of four of the five marines killed in the June 2022 crash of an Osprey V-22 aircraft sued Bell Textron Inc., The Boeing Co. and Rolls-Royce Corp. Thursday in California federal court, alleging defects in the aircraft led to the fatal crash.

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POLICY & REGULATION

Resignation Letter Bylaws Targeted In Five Del. Class Actions

By Leslie A. Pappas

General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.

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ENFORCEMENT

FCC Aims To Reduce Risk From China-Controlled Test Labs

By Christopher Cole

The Federal Communications Commission pushed Thursday for new rules to prevent foreign adversaries, mainly the Chinese Communist Party, from playing a role in testing and certifying communications equipment in the U.S. market.

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Menendez Says Feds Can't Wield Texts About Egyptian Aid

By Carla Baranauckas

U.S. Sen. Robert Menendez told a federal court that the government can't support its corruption case with text messages involving military aid to Egypt and a local businessman accused of bribing the senator, citing U.S. Supreme Court precedent excluding past legislative acts as admissible evidence.

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Charges Tossed For Army Doc, Wife In Russia Data Leak Case

By Craig Clough

A Maryland federal judge dismissed all charges against a U.S. Army physician and her wife who were accused of trying to leak military patients' medical information to Russia, finding the government violated the Speedy Trial Act and bungled the defense's request for access to classified information.

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LITIGATION

Lockheed Urges 11th Circ. To Affirm Win In Solvent Suit

By Kelcey Caulder

Lockheed Martin Corp. asked the Eleventh Circuit on Wednesday to uphold a Florida district court's rejection of a proposed expert's testimony purporting to link a now-deceased former employee's multiple sclerosis to her work-related exposure to industrial solvents.

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Couple Wants ID Protection Of Afghan 'Baby Doe' Fam Lifted

By Rae Ann Varona

A U.S. Marine and his wife accused of kidnapping an Afghan child urged a Virginia federal court to lift a protective order barring them from identifying the child or her relatives, saying the Taliban already knows the Afghan families' identities.

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Israeli Attys Complain To USPTO After Pro-Gaza Reddit Post

By Andrew Karpan

Various groups of Israeli lawyers have told the U.S. Patent and Trademark Office that they are concerned about the "potential influence that individual political views may have on the examination of patent applications of Israel applicants."

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EXPERT ANALYSIS

Proposed Semiconductor Buy Ban May Rattle Supply Chains

The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.

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Patent Lessons From 4 Federal Circuit Reversals In April

Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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'Legendary' Former NJ Justice Handler Dies At 92

By Jake Maher

Retired Associate Justice Alan B. Handler, who served on the New Jersey Supreme Court from 1977 to 1999, died Thursday at 92, Law360 has learned.

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Alito Flag Displays 'Improper' And 'Dumb,' District Judge Says

By Alison Knezevich

A Massachusetts federal judge is calling out U.S. Supreme Court Justice Samuel Alito for controversial flags reportedly seen flying outside his homes, saying such actions erode public trust in the courts.

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CFTC's Johnson Is Under Consideration For FDIC Top Job

By Jon Hill

The Biden administration is considering Kristin Johnson, a Democratic member of the U.S. Commodity Futures Trading Commission, as a possible candidate to replace Martin Gruenberg at the helm of the Federal Deposit Insurance Corp., Law360 has learned.

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Malware Backdoor Found In Software Used By Courtrooms

By Lauren Berg

Software created by a company that provides digital audiovisual technology to courtrooms, jails and other facilities contains a backdoor associated with malware that disguises itself as a normal update, analysts at a cybersecurity firm reported, warning that "users are at high risk and should take immediate action."

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Analysis

5 Themes That Could Determine Trump's NY Criminal Trial

By Stewart Bishop, Frank G. Runyeon and Rachel Scharf

With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.

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COMPANIES IN TODAY'S NEWS

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Alcoa Corp.

American Media Inc.

Associated Press

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

British Broadcasting Corp.

ChangXin Memory Technologies Inc.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

EMCOR Group Inc.

Evolent Health Inc.

Ferrari SpA

First Republic Bank

Ford Motor Co.

Fordham University

GXO Logistics Inc.

General Dynamics Corp.

General Motors Co.

Glencore PLC

HSBC Holdings PLC

Icertis Inc.

Integrys Energy Group Inc.

JPMorgan Chase & Co.

Jubilee Holdings Ltd.

Knife River Corp.

Live Nation Entertainment Inc.

Lockheed Martin Corp.

Major Lindsey & Africa LLC

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

MilliporeSigma

Mondelez International Inc.

National Collegiate Athletic Association

New Jersey State Bar Association

Norfolk Southern Corp.

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

Peloton Interactive Inc.

PetroChina Company Limited

Polycom Inc.

Princeton University

QBE Insurance Group Ltd.

Rapid7 Inc.

Reddit Inc.

Semiconductor Manufacturing International Corporation

SentinelOne Inc.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Sumitomo Pharma Co. Ltd.

Swissport International Ltd.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

Textron Inc.

The Boeing Co.

The District of Columbia Bar

The New York Times Co.

Trump Organization Inc.

University of Virginia

Wells Fargo & Co.

Woodrow Wilson International Center for Scholars

Zuora Inc.

LAW FIRMS IN TODAY'S NEWS

Abbott Cooper PLLC

Baker & Hostetler

Bartlett LLP

Block & Leviton

Bunsow De Mory

Burnham & Gorokhov

Caldwell Carlson

Clifford Chance

Clyde & Co

Crowell & Moring

DWF LLP

Davidoff Hutcher

Davis Polk

Dentons

Duane Morris

Elbially Law

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Gateley PLC

Gibbons PC

Gibson Dunn

Greenberg Traurig

Hamlins LLP

Harris St. Laurent

Hill Dickinson

Holland & Knight

Horwich Farrelly

Howes Percival

Hunton Andrews

JMW Solicitors LLP

Jones Day

Kasowitz Benson

KaurMaxwell

King & Spalding

Kirkland & Ellis

Latham & Watkins

Littler Mendelson

Marino Tortorella

Mayer Brown

Maynard Nexsen

McDermott Will & Emery

McDonald & MacGregor

McElroy Deutsch

McGuireWoods

McKool Smith

Michael Best & Friedrich LLP

Morgan & Morgan

Morgan Lewis

Pallas Partners

Paul Hastings

Penningtons Manches

Poole Huffman

Potter Clarkson

Pryor Cashman

Quinn Emanuel

Reed Smith

Riess LeMieux

Rosen Hagood

Saporito Falcone

Schertler Onorato

Sidley Austin

Simpson Thacher

Spencer Fane

Welsh & Recker

Wilentz Goldman

Wilkin Chapman

Williams & Connolly

Winston & Strawn

Wisner Baum

de Castro PC

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Industry and Security

Commodity Futures Trading Commission

Companies House

Delaware Court of Chancery

European Commission

European Union

Executive Office of the President

Federal Acquisition Regulatory Council

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Missile Defense Agency

National Aeronautics and Space Administration

National Labor Relations Board

New Jersey Supreme Court

U.S. Army

U.S. Army Corps of Engineers

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. District Court for the Western District of Virginia

U.S. Environmental Protection Agency

U.S. Marine Corps

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court