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Aerospace & Defense
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November 21, 2024
DOD Needs To Do More To Fix Military Housing, OIG Says
The U.S. Department of Defense failed to properly identify and fix health, safety and environmental hazards in military housing, according to a Thursday report from the DOD's Office of Inspector General.
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November 21, 2024
Insurers Sued Over Defense Costs In Fort Bragg Housing Row
An infrastructure company and related entities providing housing for military families told a North Carolina federal court that three of its primary commercial general liability insurers must cover their defense bill from a class action accusing them of providing "unfit and uninhabitable" housing at Fort Bragg.
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November 21, 2024
FCC Aims To Better Protect Undersea Telecom Cables
From shortening license terms to working with federal law enforcement to protect underwater telecom infrastructure, the Federal Communications Commission launched an effort to shield submarine cables from ever-increasing national security risks on Thursday.
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November 21, 2024
Sikorsky Wants Canadian Chopper Crash Row Heard In Conn.
Helicopter manufacturer Sikorsky Aircraft Corp. wants a Pennsylvania federal lawsuit over the deaths of six Canadian Air Force members moved to Connecticut, arguing the most crucial evidence and key company witnesses are near its headquarters there.
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November 21, 2024
Biden's FCC Chair Stepping Down From Agency Jan. 20
The Democratic head of the Federal Communications Commission said Thursday she will be leaving the agency on Jan. 20.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
'Fat Leonard' To Appeal 15-Year Sentence Over Navy Bribery
A Malaysian defense contractor and ex-fugitive who pled guilty nearly 10 years ago to a bribery scheme that authorities said cost the U.S. Navy over $20 million has indicated in California federal court that he will appeal his 15-year sentence to the Ninth Circuit.
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November 20, 2024
NASA Can Pick Disputed Small Biz For $282M Tech Deal
A Court of Federal Claims judge has rejected a protest over a $282.2 million NASA space technology development contract, saying the winning bidder was reasonably determined to be an eligible small business and that NASA fairly evaluated bids for the deal.
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November 20, 2024
Texas Offers Up Land To Help Trump's Mass Deportation Plan
The Texas General Land Office is offering up 1,400 acres of ranch land near the U.S.-Mexico border to the incoming Trump administration to construct deportation facilities to support the president-elect's plan for mass removals.
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November 20, 2024
'Rip And Replace' Woes Underscored By Senate Hearing
A major industry group has again called on lawmakers to address the lack of funding needed to completely remove risky Chinese-made gear from U.S. telecommunications networks.
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November 20, 2024
Amazon Settles Military Leave Bias Suit Ahead Of Trial
Amazon has settled an employee's suit claiming the online retail giant blocked him from promotions because he took leave to serve in the U.S. Marine Corps Reserve, prompting a Washington federal judge on Wednesday to halt a trial that was set to begin in the case next month.
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November 20, 2024
3 Law Firms Can't Dodge TCPA Suit Over Camp Lejeune Claims
A trio of law firms accused of calling a veteran dozens of times promising they could represent him in claims over toxic drinking water at Marine Corps Base Camp Lejeune, despite his never having been stationed there, cannot evade the former soldier's lawsuit, a North Carolina federal judge ruled Tuesday.
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November 19, 2024
Dell, Iron Bow To Pay $4.3M To End Army Overcharge Claims
Dell Technologies and Iron Bow Technologies have agreed to collectively pay more than $4.3 million to resolve allegations they orchestrated a scheme to overcharge the U.S. Army by submitting noncompetitive bids for a computing contract, the U.S. Department of Justice announced Tuesday.
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November 19, 2024
Vets' Attys Want Nonprofit To Get $63M Of Agent Orange Funds
Counsel representing a class of Vietnam veterans exposed to Agent Orange and their survivors in litigation that settled 33 years ago urged a California federal judge on Tuesday to hand $63 million in unclaimed funds to a legal nonprofit, a request the federal government has contested.
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November 19, 2024
DC Circ. Wonders Where To Land On Terrorism Liability Claims
Hypotheticals were flying Tuesday morning at the D.C. Circuit, where a three-judge panel spent more than two hours trying to figure out whether a recent U.S. Supreme Court decision means they need to stop the revival of a suit accusing pharmaceutical companies of funding terrorism in Iraq.
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November 19, 2024
11th Circ. Urged To Revive Fla. Cancer Cluster Suit
Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.
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November 19, 2024
Online Lenders, Contractor Face Service Members' Fraud Suit
California-based contractor Multitaskr Construction Inc. and several online lending companies were hit with a consumer lawsuit in California federal court alleging they conspired to originate lucrative fraudulent loans for home improvement projects that were never completed.
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November 19, 2024
DOD Not Obligated To Suggest Tweaked Pricing On $2.3B Deal
The U.S. Government Accountability Office has thrown out Maersk's protest over the shipping giant's rejection from a $2.3 billion contract for military freight transportation services, saying U.S. Transportation Command wasn't obligated to tell it its pricing was too high.
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November 19, 2024
Raytheon Must Face Former Engineer's Age Bias Suit
Defense contractor Raytheon can't escape a former engineer's age discrimination suit claiming he was unjustly fired after he tapped a male colleague on the backside with a cafeteria tray, with a Texas federal judge saying Tuesday he wasn't convinced factual disputes in the case had been resolved.
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November 19, 2024
Claims Court Won't Toss $40B Ligado Spectrum Takings Case
A Court of Federal Claims judge has allowed Ligado Networks' $40 billion suit against the federal government over an alleged unconstitutional taking of licensed 5G spectrum to move forward, saying the claims court had jurisdiction over the dispute.
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November 19, 2024
Caseload Too Large For Ally Visa Processing Plan, Feds Say
The Biden administration told a D.C. federal judge Monday that a revised plan to process special visas for Afghan and Iraqi allies is unrealistic due to an uptick in applications it received following the U.S. withdrawal from Afghanistan.
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November 19, 2024
PE Firm Sells Defense Tech Co. BlueHalo In $4.1B Deal
AeroVironment, a drone manufacturer advised by Latham & Watkins LLP, announced Tuesday it plans to buy BlueHalo, a private equity-owned defense firm represented by Goodwin Procter LLP, in an all-stock transaction valued at $4.1 billion that the companies said will make a more diversified leader in various areas of defense technology.
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November 19, 2024
DHS Says It Conducted Another Removal Flight To China
The U.S. Department of Homeland Security said it has conducted another chartered removal flight to China, marking the third time in six months that U.S. Immigration and Customs Enforcement has deported Chinese nationals via flight.
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November 19, 2024
Claims Court Says Air Force Contractor Knew Of Delay Risks
The U.S. Court of Federal Claims shot down a flight simulation company's bid to recoup a $41.5 million loss from the Air Force for contractual delays on an aircraft project, ruling that the company assumed the risk of losses when it signed up for a fixed-price deal.
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November 18, 2024
Spacecraft Export Control Comment Period Pushed To Dec. 23
The U.S. Department of Commerce and Department of State issued a 30-day extension for the public to give their input and comments on a set of rules seeking to ease controls on exports of spacecraft technology to U.S. allies intended for bolstering the U.S. commercial space industrial base.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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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.