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Aerospace & Defense
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January 13, 2025
Justices Won't Review 11th Circ.'s Cancer Cluster Decision
The U.S. Supreme Court said Monday that it won't review the Eleventh Circuit's affirmation of a favorable jury verdict for defense contractor Pratt & Whitney, which was found to have failed to exercise reasonable care when disposing radioactive materials, but also freed it from liability for the cancer cases that emerged in a Florida neighborhood.
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January 13, 2025
GPS Backup Would Serve Larger 'Ecosystem,' FCC Told
A public safety tech company is throwing its weight behind a plan to license a chunk of the lower 900 megahertz band to launch a network that would back up the Global Positioning System, calling on the Federal Communications Commission to "advance this critical initiative."
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January 13, 2025
White House Sets Framework For AI Technology Exports
The Biden administration on Monday took its latest step toward securing artificial intelligence technology, issuing a rule aimed at easing the sale of U.S.-made chips and models to allied countries while restricting access to foreign adversaries that it said could use the systems to threaten national security.
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January 13, 2025
Special Counsel's Report On Trump's DC Case Released
With a Florida federal judge's permission on Monday, U.S. Attorney General Merrick B. Garland released the first volume of former special counsel Jack Smith's report regarding his now-abandoned election-interference case against Donald Trump in D.C.
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January 13, 2025
Army Can Sole-Source $990M 'Critical Support' Deal
The U.S. Government Accountability Office has rejected a protest over a sole-source $990 million U.S. Army loitering munitions contract, saying the Army properly used temporary authority meant to provide critical support for Ukraine, Taiwan and Israel to award the deal.
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January 13, 2025
Wife Of Ex-Sen. Menendez Can't Delay Bribery Trial
Nadine Menendez, former U.S. Sen. Bob Menendez's wife, has lost her bid to postpone her Feb. 5 trial on bribery charges, as a Manhattan federal judge rejected her contention that her husband's sentencing on similar charges just a week prior would taint her jury.
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January 13, 2025
CFIUS Grants Nippon, US Steel Extension To Abandon Deal
The government committee that reviewed Nippon Steel's proposed $14.9 billion acquisition of U.S. Steel before President Joe Biden blocked the deal earlier this month has granted an extension until June for the companies to abandon the deal, according to a U.S. Steel securities filing Monday.
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January 13, 2025
Justices Mull Petition Over FSIA Terrorism Exception
The U.S. Supreme Court said Monday it wanted the U.S.'s perspective as it considers a case relating to whether the Foreign Sovereign Immunities Act's terrorism exception extends jurisdiction to claims arising from a terrorist attack that seriously injures but does not kill its intended victims.
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January 13, 2025
Justices Won't Hear Farm's Bid To Retake Denver Airport Land
The U.S. Supreme Court on Monday declined to hear a Colorado farm company's petition arguing Denver can't hold onto land originally seized for the Denver International Airport now that the city plans to build a private commercial complex on the property.
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January 10, 2025
4 Lessons For Contractors From The Bitmanagement Saga
A software company's damages award of just $150,000 after years of litigation over the U.S. Navy violating a licensing deal offers several lessons for federal software contractors about carefully negotiating contractual terms and making sure they can adequately enforce those terms.
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January 10, 2025
Microsoft Pushes To Thwart 'Scheme' To Bypass AI Security
A Virginia federal judge has authorized Microsoft Corp. to seize a website that the tech giant alleges has been instrumental to a "sophisticated scheme" by foreign-based cybercriminals to circumvent safety guardrails built into artificial intelligence services in order to create offensive and harmful content, according to court filings made public Friday.
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January 10, 2025
CACI Denied New Trial Over Abu Ghraib Torture
The defense contractor found liable for conspiring with the U.S. military to torture inmates at the Abu Ghraib military prison said it would appeal to the Fourth Circuit after a Virginia federal judge Friday ruled the company won't get a third crack at trial.
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January 10, 2025
Texas High Court Flips Course To Hear Boeing Back Pay Suit
The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.
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January 10, 2025
FAR Council Pulls Proposed GHG Emissions Disclosure Rule
The Federal Acquisition Regulatory Council on Friday withdrew a pending rule that aimed to require "major" federal contractors to publicly disclose their greenhouse gas emissions and to set emissions reduction targets, saying the Biden administration lacks sufficient time to finalize the proposal.
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January 10, 2025
The Firefighting Foam 'Forever Chemicals' MDL: A Snapshot
A round of big settlements was recently completed seven years into a sprawling multidistrict litigation over chemical companies' liability for alleged harms caused by exposure to so-called forever chemicals in firefighting foam. Here, Law360 examines what’s still at stake in the ongoing litigation.
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January 10, 2025
Lawyer Seeks New Trial Against Blank Rome Attorneys
A lawyer who lost her malicious-litigation case against Blank Rome LLP attorneys and an aviation company in Philadelphia last month has moved for a new trial in Pennsylvania federal court, citing what she called "numerous errors committed by the district court" in her first trial.
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January 10, 2025
Feds Ask 15 Years For Menendez In Case Of 'Historical Rarity'
Prosecutors have asked a Manhattan federal judge to sentence former U.S. Sen. Robert Menendez to at least 15 years in prison after he was convicted of taking bribes from three New Jersey business executives in exchange for political favors.
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January 09, 2025
Other Bidders Can Intervene In Army Contract Protest
The U.S. Court of Federal Claims rejected an effort by Red River Science & Technology LLC to stop other bidders from intervening in its protest over the U.S. Army's decision to reopen contract-related discussions.
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January 09, 2025
Plane Crash Victims Tell NC Panel To Toss Engine Co. Appeal
The estates of four plane crash victims have asked the North Carolina state appeals court to throw out what they characterize as a last-ditch effort by defense giant Avco Corp. and its subsidiary Lycoming Engines to avoid going to trial, saying the appeal is two years too late.
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January 09, 2025
DOD Says Chinese Military Co. Listing For Lidar Firm Is Legit
The U.S. Department of Defense is urging a D.C. federal judge to back its decision to include Shanghai-based lidar manufacturer Hesai Technology Co. Ltd. on a list of "Chinese military companies," a decision the company has called "riddled with sloppy mistakes."
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January 09, 2025
US Steel And Nippon's Lawsuit Seen As 'Hail Mary' Attempt
President Joe Biden may not have put forth an airtight national security argument for blocking Nippon Steel's planned acquisition of U.S. Steel, but the companies' subsequent lawsuit is still highly unlikely to earn them another chance at making the deal happen, according to legal experts.
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January 09, 2025
Menendez Sentencing Won't Taint Wife's Trial, Gov't Says
New York federal prosecutors are urging a Manhattan federal judge to reject Nadine Menendez's request for a three-month delay in her trial on bribery charges, saying that the sentencing of her husband, former U.S. Sen. Robert Menendez, on similar charges will not taint the jury pool for her trial.
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January 09, 2025
NASA Awards Calif. Co. $1.1B Engineering Support Contract
NASA has selected California-based Columbus Technologies and Services Inc. to receive a five-year, up to $1.1 billion contract to provide electrical and electronic engineering support to the Goddard Space Flight Center in Greenbelt, Maryland.
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January 09, 2025
Trump's Return Brings 'Deeper Anxiety' To DOJ Fraud Attys
White collar practitioners say they've heard from U.S. Department of Justice attorneys who are anxiously bracing for the possibility of working with fewer resources while confined to narrower enforcement priorities after Donald Trump returns to the Oval Office.
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January 08, 2025
Consumers Get Class Cert. In Suit Over Law Firm's Robocalls
A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.
Expert Analysis
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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.
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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.