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Aerospace & Defense
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January 08, 2025
Canadian Man Gets 40 Months For Russian Export Conspiracy
A Canadian national was sentenced to 40 months in prison Wednesday in New York federal court for his involvement in a scheme to smuggle dual-use electronics components from U.S. manufacturers to sanctioned entities in Russia, some of which were later found in seized Russian weapons in Ukraine.
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January 08, 2025
Sierra Nevada Corp. Conversion Can't Derail $991M Army Bid
The U.S. Government Accountability Office has rejected a protest over a $991.3 million contract for the U.S. Army's HADES spy plane, saying the Army reasonably rejected L3Harris' bid while keeping awardee Sierra Nevada eligible despite a corporate name change.
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January 08, 2025
Bankrupt Ligado Sues Over $1.7B Cooperation Deal Breach
Satellite communications company Ligado Networks accused a satellite service provider of breaching a $1.7 billion cooperation deal aimed at facilitating Ligado's terrestrial network operations by failing to upgrade its own satellite terminals and deliver portions of its spectrum.
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January 08, 2025
GAO Backs DHS Picking Low Bidder For $107M Support Deal
A federal watchdog swatted down a company's challenge of a $107 million task order that the U.S. Department of Homeland Security issued to another business, rejecting arguments that the government failed to fairly evaluate its own proposal.
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January 08, 2025
Biden Issues New Guidance On Missile Tech Exports
President Joe Biden has issued new missile technology export guidance to allow more flexibility in reviewing transfers of certain military missiles, drones and space launch vehicles typically subject to strict export controls, the White House has announced.
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January 08, 2025
Warren Urges DOD Chief Nom. To Address 'Serious Concerns'
Sen. Elizabeth Warren, D-Mass., urged defense secretary nominee Pete Hegseth to answer dozens of questions about his history ahead of his upcoming nomination hearing, citing "serious concerns" regarding issues such as allegations of sexual assault and mismanagement of veterans' organizations.
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January 08, 2025
US Declares Genocide In Sudan, Sanctions Military Leader
The U.S. government has declared genocide in Sudan and sanctioned paramilitary leader Gen. Mohammad Hamdan Dagalo for engaging in war crimes and human rights abuses, according to a statement.
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January 08, 2025
Feds Ask DC Circ. To Block Guilty Plea Of 9/11 'Mastermind'
The Biden administration wants the D.C. Circuit to block plea agreements set to be approved Friday for the men accused of plotting the Sept. 11, 2001, attacks, including the "alleged mastermind" of the plot, Khalid Shaikh Mohammad.
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January 08, 2025
Dems Cry Foul On Trump Nominees' Hearings Process
Top Democrats claimed Wednesday that Republicans are rushing to hold confirmation hearings for at least two of President-elect Donald Trump's nominees without the full paperwork.
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January 07, 2025
10th Circ. Says Age Bias Didn't Drive Aircraft Co. Layoffs
The Tenth Circuit declined Tuesday to revive a lawsuit from former Spirit AeroSystems Inc. workers who said the aircraft maker targeted older workers during a workforce reduction, ruling they hadn't shown the company was motivated by age discrimination.
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January 07, 2025
Aerospace Co. Fights Injunction Bid In Amazon Contract Fight
A Connecticut-based manufacturer of satellite launcher component parts is urging a federal court to nix a Swedish company's bid for emergency relief as it pursues arbitration over a supply contract for an Amazon project aimed at increasing global broadband access, saying it's blameless in the dispute.
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January 07, 2025
FAR Council Withdraws Proposed Contractor Pay Equity Rule
The Federal Acquisition Regulatory Council announced Tuesday that it will withdraw a pending rule barring federal contractors from considering a job applicant's salary history, to focus on other priorities in the waning days of the Biden administration.
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January 07, 2025
Metal Co. To Pay $143K To End Unpaid Wages Suit
A metal manufacturing company will pay nearly $143,000 to resolve a veteran employee's lawsuit accusing it of failing to pay him and other production workers for all the hours they worked, a filing in Ohio federal court said.
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January 07, 2025
Fed. Circ. Rejects Software Co.'s Bid For $86M From Navy
A Federal Circuit panel affirmed a decision holding that the U.S. Navy owes a software company just $154,000 for its infringing use of a 3-D virtual reality program, and not the nearly $86 million the company sought based on installations on more than 429,000 computers.
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January 07, 2025
Amazon Says Worker's $1.6M Atty Fees Are Excessive
An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.
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January 07, 2025
Menendez's Wife Fears His Sentencing Would Taint Her Trial
The wife of former Sen. Robert Menendez asked a New York federal judge on Tuesday to delay her trial on bribery charges, scheduled for Feb. 5, to avoid having it commence within one week of the sentencing of her husband and co-defendant.
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January 07, 2025
GAO Calls Navy's Construction Deal Conditions 'Reasonable'
The U.S. Government Accountability Office rejected an Indiana-based contractor's challenge of the U.S. Navy's requirement to register with the Spanish Ministry of Finance to be considered for a Spain-based explosive ordnance disposal facility contract, calling the extra step "reasonable."
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January 07, 2025
Judge Temporarily Blocks Trump Special Counsel Report
A Florida federal judge on Tuesday temporarily blocked the publication of a report by special counsel Jack Smith regarding his two now-dismissed prosecutions of Donald Trump, after lawyers for the president-elect said Smith was trying to continue a political crusade now that he can no longer pursue criminal charges.
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January 06, 2025
$182M Army Corps Deal Protest Tripped Up By Employee Exit
The U.S. Government Accountability Office has rejected a protest over a $181.5 million U.S. Army Corps of Engineers construction contract, saying a key staff member's departure meant the protester wasn't eligible for the deal even if its protest was otherwise valid.
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January 06, 2025
Boeing, DOJ Given More Time To Rework 737 Max Plea Deal
The U.S. Department of Justice and The Boeing Co. have until mid-February to rework a plea agreement in the American aerospace giant's 737 Max criminal conspiracy case, a Texas federal judge ruled Saturday, ensuring that the incoming Trump administration will oversee final negotiations on any potential new deal.
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January 06, 2025
FCC Chief Floats Spectrum Sale To Fund Network Security
The outgoing head of the Federal Communications Commission on Monday proposed to quickly get a spectrum auction off the ground with proceeds going toward a key U.S. network security program.
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January 06, 2025
Fed. Circ. Revives DEA Agent's Challenge To Promotion Denial
The Merit Systems Protection Board must reevaluate a former U.S. Drug Enforcement Administration agent's case alleging a promotion was unlawfully delayed because he took time off for military service, the Federal Circuit said Monday, ruling an administrative judge used the wrong standard to evaluate his claim.
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January 06, 2025
DOD Adds WeChat Owner, CATL To Chinese Military Co. List
The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."
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January 06, 2025
DOD Tells DC Circ. It's Pondering New Time-In-Service Regs
The U.S. Department of Defense told the D.C. Circuit that litigation over its scrapped time-in-service requirements for immigrant soldiers to be eligible for naturalization is not moot, because it may issue new requirements — an assertion that soldiers who successfully challenged the policy panned.
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January 06, 2025
Space Biz Accused Of Gov't Satellite Contract Bait-And-Switch
A subcontractor hit a Colorado space company with a $17.2 million breach of contract lawsuit in federal court Saturday, accusing Sierra Space of adopting a bait-and-switch strategy in which it dragged out subcontracting negotiations in order to win a lucrative federal satellite contract and then awarded the business to a rival subcontractor.
Expert Analysis
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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To Report Or Not To Report Others' Export Control Violations
A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Bid Protest Spotlight: Debriefings, Timeliness, Documentation
James Tucker at MoFo examines three recent decisions from the Federal Circuit, the U.S. Government Accountability Office and the U.S. Court of Federal Claims concerning an agency's decision not to hold post-award discussions, a timeliness trap in certain Federal Supply Schedule procurements and the importance of providing contemporaneous documentation in price-evaluation protests.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.