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Aerospace & Defense
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December 05, 2024
Carriers Must Shield Networks From Attacks, FCC Chair Says
The head of the Federal Communications Commission called Thursday for "urgent action" from U.S. telecom carriers to protect their networks in the wake of the recent Salt Typhoon cyberattack, and said the agency could soon rule that telecoms are affirmatively required under law to try to prevent such intrusions.
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December 05, 2024
DEI Provision Dooms Boeing's 737 Max Plea Deal
A Texas federal judge on Thursday rejected Boeing's plea agreement in its 737 Max criminal conspiracy case, finding flaws in how the U.S. Department of Justice intended to use race and diversity to select an independent compliance monitor to oversee Boeing, and how the court was cut out of that process.
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December 05, 2024
Holland & Knight Gets In On Trade Laterals With Export Expert
Holland & Knight LLP announced Wednesday it was bringing aboard a new international trade partner at its Tysons Corner, Virginina, office, part of a recent flurry of hiring in the practice area as firms seek out expertise on export controls and other trade issues in the weeks following the 2024 presidential election.
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December 05, 2024
Helicopter Co. Says It Is Not Holding Up Fatal Crash Suit
The aircraft company facing claims from the families of six Canadian Air Force members who died in a 2020 helicopter crash near Greece pushed back on a claim its bid to transfer the suit to Connecticut is forum-shopping, arguing it should be allowed to defend itself in the state where it is based.
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December 04, 2024
Separated Migrants Say ICE Contractor Can't Claim Immunity
A father and son seeking to hold transportation services provider MVM Inc. responsible for its role in a Trump-era policy that separated them and thousands of other immigrant family members are hitting back against the company's bid to duck their class action claims.
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December 04, 2024
Boeing, Spirit Say Flyers Can't Forum-Shop 737 Blowout Suit
Boeing, Spirit AeroSystems and Alaska Airlines have blasted an attempt by passengers to redo their suit over January's 737 Max 9 door plug blowout, saying the plaintiffs are improperly forum-shopping when their case is set for a consolidated bench trial in Washington federal court.
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December 04, 2024
Trump Nominates SpaceX Mission Leader As NASA Chief
President-elect Donald Trump on Wednesday nominated Jared Isaacman, the commander of two landmark private space missions and CEO of a payment processing firm, as NASA's next administrator, saying Isaacman would "drive NASA's mission of discovery and inspiration."
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December 04, 2024
Homeless Vets Tell 9th Circ. To Deny Parking Access To UCLA
A class of homeless, disabled military veterans fought the Regents of the University of California's appeal of its rejected stay motion, arguing in the Ninth Circuit that the lower court made the right decision because the veterans urgently need supportive housing on a Los Angeles campus.
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December 04, 2024
Trump Chooses Vance Adviser To Lead Army
President-elect Donald Trump on Wednesday nominated Daniel Driscoll, a former soldier, venture capitalist and adviser to incoming Vice President JD Vance, to lead the U.S. Army.
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December 04, 2024
US Sanctions Vessels That Aid Iran's Nuclear Program
The U.S. federal government has imposed sanctions on vessels that have played a critical role in transporting tens of millions of barrels of Iranian oil to foreign markets following the country's attack against Israel and its escalating nuclear program, according to a statement.
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December 04, 2024
Jan. 6 Rioter Unlikely To Succeed On Appeal, Judge Says
A District of Columbia federal judge ordered a convicted rioter from the Jan. 6, 2021, assault on the U.S. Capitol to serve the remainder of his more than four-year prison term while he appeals, saying his legal arguments are substantial but unlikely to result in a reduced sentence.
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December 03, 2024
Lockheed Martin Taps Carrier CLO And DOJ Veteran As GC
Lockheed Martin has hired Carrier Corp.'s chief legal officer and U.S. Department of Justice veteran Kevin O'Connor as its new general counsel to succeed Maryanne Lavan, who is retiring after more than 30 years at the aerospace giant.
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December 03, 2024
Judge Won't Strike AECOM's 'New' Claims In Army Billing Suit
A New York federal judge rejected a whistleblower's attempt to strike AECOM's purportedly new arguments in litigation accusing it of falsely billing the U.S. Army on a $1.9 billion support deal, writing "denied" in the margin of the whistleblower's request.
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December 03, 2024
Bearing Maker Settles With RTX, Rival In Trade Secrets Case
A Connecticut roller bearing company has settled its lawsuits accusing military supplier RTX and a competitor of misusing trade secrets related to the design of a U.S. military bomb, after earlier delays in reaching an agreement.
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December 03, 2024
Calif. Man Charged With Shipping Firearms To North Korea
Federal authorities on Tuesday arrested a man in San Bernardino County, California, accusing him of illegally exporting firearms, ammunition and other military equipment to North Korea by concealing the items inside shipping containers departing from Long Beach.
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December 03, 2024
Del. Justices To Review 3M Earplug MDL Coverage Dispute
The Delaware Supreme Court agreed to review a lower court's finding that defense costs paid by 3M in underlying multidistrict litigation over the company's combat earplugs could not satisfy the self-insured retention of its subsidiary's insurance policies.
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December 03, 2024
Gov't Floats Sharing Plan For Lower 37 GHz Airwaves
The Biden administration announced Tuesday that it was recommending shared use of the lower 37 gigahertz spectrum band among government and private-sector users.
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December 03, 2024
US-China Feud Simmers As Beijing Unveils New Export Curbs
The Chinese government on Tuesday banned exports of several critical minerals to the U.S., citing national security concerns, a day after the Biden administration announced new restrictions of its own targeting Beijing's semiconductor operations.
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December 03, 2024
Blank Rome Beats Subpoenas Seeking Attys' Comp Info
A Philadelphia federal judge on Tuesday tossed subpoenas that would have compelled Blank Rome LLP to share compensation information regarding three of its attorneys who are facing a malicious prosecution lawsuit, a day after the firm moved to quash the subpoenas.
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December 03, 2024
VA Announces Study On MDMA-Assisted Therapy For Vets
The U.S. Department of Veterans Affairs announced Tuesday it will fund a study on psychedelic-assisted therapy for veterans with post-traumatic stress disorder and alcohol use disorder, alongside researchers from Brown University and Yale University.
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December 03, 2024
Trump Pledges To Block $14.9B US Steel-Nippon Deal
President-elect Donald Trump has reiterated his opposition to the proposed $14.9 billion acquisition of Pennsylvania-based U.S. Steel by Japan's Nippon Steel, pledging on Truth Social to block the deal and virtually extinguishing any remaining glimmers of hope that it can get done.
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December 02, 2024
DC Circ. Asked To Spike 'Dangerous' NEPA Regulatons Ruling
Environmental groups are asking the D.C. Circuit to overturn a panel's "demonstrably dangerous" ruling that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act.
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December 02, 2024
Commerce Steps Up Export Controls On Advanced Chip Tech
The U.S. Department of Commerce issued a rule Monday to restrict exports of advanced computing technology and semiconductor manufacturing equipment, aimed at cutting off China's access to technologies that could boost its military capabilities in areas such as artificial intelligence.
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December 02, 2024
Pa. Justices To Weigh Asbestos Suits For Defunct Co.'s Parent
The Supreme Court of Pennsylvania will take up an appeal over whether a case can pierce the corporate veil to turn tort claims against a dissolved company into claims against its parent company.
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December 02, 2024
Motor Carrier Must Cover $6.7M Jet Engine Loss, Co. Says
A transportation company has told a Connecticut federal court that a subcontractor hired to transport a jet engine that was damaged en route to Alabama must defend and indemnify the company in an insurer's suit seeking to recover more than $6.7 million paid to the manufacturer of the engine.
Expert Analysis
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts
Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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DOD Cybersecurity Rule Will Burden And Benefit Contractors
The U.S. Department of Defense’s cybersecurity certification program, finalized in October, will pose tricky and expensive challenges for contractors, given its many requirements and the scarcity of third-party assessors who can provide certification, but companies may ultimately benefit from a narrower pool of competitors, say attorneys at Miles & Stockbridge.
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5 Areas Congress May Investigate After GOP Election Wins
With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Loper Bright Offers New Materiality Defense To FCA Liability
The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.
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2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape
Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.