Aerospace & Defense

Expert Analysis

• Bid Protest Spotlight: Affiliate Experience, JV Registration

  

  In this month's bid protest roundup, James Tucker at MoFo offers takeaways from a decision that considered the rule governing offeror reliance on affiliate experience and past performance, and discusses bid protest decisions that considered similar solicitation terms but reached opposite conclusions about whether joint venture registration in the System for Award Management was required.

• How In-House Counsel Can Better Manage Litigation Exposure

  

  In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

• Beware Broad Scope Of Gov't Contract PAC Contribution Ban

  

  With the midterm elections quickly approaching, businesses looking to contribute to independent expenditure-only political action committees should note the broad definition of "government contract" in a spate of recent federal enforcement actions finding campaign law violations, say attorneys at Akin Gump.

• Insurance Implications For Aircraft Grounded In Russia

  

  Russia's invasion of Ukraine and new law that allows the government to ground planes leased from foreign companies threatens massive losses for insurers in the aviation insurance market and necessitates a closer look at which policy exclusions may apply, say attorneys at Hinshaw.

• Practical E-Discovery Lessons From The Alex Jones Case

  

  The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

• PFAS Superfund Hazard Designation Would Inflate Cos.' Costs

  

  The U.S. Environmental Protection Agency's recent proposal to designate two common per- and polyfluoroalkyl substances as hazards under the Superfund law will likely impose heavy cleanup and litigation costs on businesses, disposal facilities and the military — and trigger significant tracking and reporting obligations as well, say attorneys at Quarles & Brady.

• Opinion

  Mar-A-Lago And The Inherent Problems With DOJ Filter Teams

  

  A Florida federal court's decision to appoint a special master to screen the documents seized from former President Donald Trump's Mar-a-Lago estate for privilege is not an outcome normally seen in white collar practice, but it is a welcome change as there are three significant problems with government filter teams, say Jack Sharman and Mary Parrish McCracken at Lightfoot Franklin.

• The Ethical Risks For Lawyers Accepting Payments In Crypto

  

  Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

• Tornado Cash Sanctions May Signal Enforcement Shift

  

  The Office of Foreign Assets Control’s recent sanctions against Tornado Cash, a cryptocurrency mixer with alleged ties to North Korean hackers, could mark a shift in U.S. authorities' tactics to crack down on mixers believed to launder money — or it could simply mean that regulators will use all tools at their disposal, say attorneys at Greenberg Traurig.

• Preparing For SBA's Vet-Owned Biz Certification Overhaul

  

  Companies affected by the Small Business Administration’s recent proposal to create a governmentwide certification program for veteran-owned small businesses can avoid delays in their eligibility for contracts outside the U.S. Department of Veterans Affairs by self-certifying before that option is eliminated in January, say Beth Gotthelf and Derek Mullins at Butzel Long.

• Envisioning Metaverse-Based Litigation In The Real World

  

  Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

• Potential Charges That Could Stem From Mar-A-Lago Search

  

  Drawing on his experience as a criminal defense attorney and former CIA officer, Kevin Carroll at Hughes Hubbard explains how document themes, handwritten notes and potential foreign influences could determine possible charges that may be levied against former President Donald Trump or his staff after the FBI’s search of Mar-a-Lago to seize classified documents.

• Narrower Vax Mandate Block Muddles Contractor Compliance

  

  The Eleventh Circuit's recent decision in Georgia v. President of the United States, narrowing a nationwide injunction that prevented enforcement of the federal contractor COVID-19 vaccine mandate, leaves behind six different injunctions, and an uncertain compliance landscape for contractors, say attorneys at Jenner & Block.

• Opinion

  ABA Stance On Role Of Nonlawyers Is Too Black And White

  

  The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

• Readying Companies For PFAS Regulation And Liability

  

  Managing the uptick in regulatory oversight of per- and polyfluoroalkyl substances and the potential civil liability for companies will require action now, from performing audits and reviewing insurance coverage to considering the Texas two-step merger method, say attorneys at Haynes and Boone.