Aerospace & Defense

Expert Analysis

• An Associate's Guide To Rebounding After A Layoff

  

  Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

• AML Regulation Of Lawyers Is Imminent And Controversial

  

  The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

• Biden Order's New Lens Puts Foreign Transactions In Focus

  

  President Joe Biden's landmark executive order on national security factors that will be considered by the Committee on Foreign Investment in the United States provides a new perspective for parties addressing questions and concerns on transactions, and reaffirms the role of CFIUS in national security, say attorneys at Simpson Thacher.

• Key Adaptations For Law Firms Amid Quiet Quitting Movement

  

  While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

• DC Circ. Damages Ruling May Sway FCA Litigation Strategy

  

  The D.C. Circuit's recent U.S. v. Honeywell decision — giving a False Claims Act defendant credit for damages paid by co-defendants settling allegations of the same indivisible harm — will likely affect choice of forum and other aspects of FCA litigation planning for defendants and the U.S. Department of Justice alike, say Scott Stein and Meredith Greene at Sidley.

• Creating A Hybrid Work Policy? Be Intentional And Inclusive

  

  The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

• Ransomware Payment Lessons Amid DOJ Recovery Success

  

  The U.S. Department of Justice’s recent successes clawing back ransom payments made to hacking groups provide companies an additional factor to consider when deciding whether to engage with law enforcement after experiencing a breach, whether to pay a ransom demand, and whether to try to recover the payment, says Tyler Bridegan at Wiley.

• Biden Order Renews Spotlight On Advancement Of US Biotech

  

  Last week's executive order on sustainability and innovation in biotechnology and biomanufacturing is a hopeful first step toward identifying areas of regulatory ambiguity and developing a coordinated portal for guidance, with multiple avenues for industry involvement in shaping future policy, say Jacqueline Berman and Kathleen Sanzo at Morgan Lewis.

• OFAC's Tornado Cash Sanctions Create Legal Uncertainty

  

  The Office of Foreign Assets Control’s recent sanctioning of digital currency mixing service Tornado Cash may have exceeded the agency’s authority, and has created uncertainty for potential developers of decentralized crypto mixing and privacy enhancing applications about whether such conduct is lawful, say Michael Bresnick and Christopher Boone at Venable.

• Keeping Up With New US Push On Strategic Tech Competition

  

  Companies should consider potential exposure and proactively assess approaches to navigating geopolitical strategic competition as the U.S. government seeks to curb the flow of technologies significant to U.S. national security to competitors such as China and Russia, say attorneys at Gibson Dunn.

• A Law Firm's Guide To Humane Layoffs As Recession Looms

  

  Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

• 8 Military Consumer Protection Tips For Finance Cos.

  

  A holistic Servicemembers Civil Relief Act compliance management system is crucial for keeping financial services companies out of hot water, especially after recent federal agency actions sent a stark reminder that they expect institutions to maintain robust controls, says Akeela White at Hinshaw & Culbertson.

• Opinion

  Aviation Watch: Congress Should Leave Regulation To FAA

  

  Shortcomings of two aircraft safety rules enacted by Congress — one of which the Boeing 737 MAX must comply with by Dec. 21 — show that regulation of the airline industry should be the Federal Aviation Administration's responsibility, says Alan Hoffman.

• What AML Bill Could Mean For Firms, Funds And FinCEN

  

  If passed, an amendment within Congress’ annual defense bill would expand the list of institutions subject to anti-money laundering regulations, from law firms to investment funds, creating potential rulemaking and enforcement challenges for the Financial Crimes Enforcement Network, say attorneys at Arnold & Porter.

• Learning From Trump And Bannon Discovery Strategies

  

  Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.