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Aerospace & Defense
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October 05, 2022
GSA Says Task Order Properly Fit Under Gov't-Wide Contract
The General Services Administration has urged the Court of Federal Claims to rule that a pending task order fits within the scope of an overarching professional services contract, saying the deal is mostly for engineering services and not information technology services.
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October 05, 2022
GM Financial To Pay $3.5M Over Military Member Lease Flubs
GM Financial agreed to pay more than $3.5 million to resolve claims it illegally repossessed vehicles owned by members of the military and mishandled service members' lease termination requests, the U.S. Department of Justice announced Wednesday.
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October 05, 2022
DOD Needs Better Data For Special Ops Oversight, GAO Says
The U.S. Department of Defense needs to standardize terminology and centralize data collection related to its special operations forces in order to improve oversight of the units, the U.S. Government Accountability Office said in a report issued Wednesday.
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October 05, 2022
DOI Launches New Rules For Policing Of Tribes And Parks
The U.S. Department of the Interior said it is implementing new rules to promote safe and accountable policing practices for law enforcement agents at the Bureau of Indian Affairs, Bureau of Land Management, U.S. Fish and Wildlife Service and National Park Service.
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October 05, 2022
3M Asks 11th Circ. To Reverse Injunction In Earplug MDL
3M Co. is asking the Eleventh Circuit to reverse a Florida judge's ruling barring it from using its subsidiary's Chapter 11 filing to relitigate decisions made in multidistrict litigation over its allegedly faulty earplugs, calling the decision an unprecedented overreach.
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October 05, 2022
Surety's $460K Cost Claim Rejected On Defaulted Army Deal
The Court of Federal Claims has rejected a surety's bid for roughly $460,000 in costs after taking over an Army renovation project following a construction contractor's default, saying it hadn't shown it was entitled to any of its cost claims.
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October 05, 2022
11th Circ. Fast-Tracks DOJ's Appeal Of Trump Special Master
The Eleventh Circuit agreed Wednesday to expedite the government's appeal of a Florida federal judge's decision to appoint a special master to screen documents seized at former President Donald Trump's Mar-a-Lago estate.
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October 04, 2022
Ex-Trump Ally Implies UAE Ties Were Routine Business
An attorney for Thomas Barrack on Tuesday sought to show jurors during the illicit lobbying trial of the Colony Capital Inc. founder that his close relationship with United Arab Emirates officials was just a normal part of doing business for the globe-trotting former adviser to former President Donald Trump, pointing to the executive's numerous contacts with other world leaders.
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October 04, 2022
Vet Tells High Court Equity Should Back Retroactive Disability
A Navy veteran seeking nearly 30 years of retroactive disability benefits told the U.S. Supreme Court during oral arguments on Tuesday that long-standing equitable principles should forgive the missed deadline for his disability benefits application for mental illnesses.
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October 04, 2022
DHS Watchdog Urges Fund For Future Mass Resettlements
The U.S. Department of Homeland Security's internal watchdog is calling for special funding and authority to support future efforts like the agency's resettlement of Afghan allies, which it said was akin to "building the airplane as they were flying it."
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October 04, 2022
Armored Car Co. Settles DOL Hiring Bias Claims
Security provider Loomis Armored US agreed to shell out $375,000 after U.S. Department of Labor's federal contractor bias watchdog found that it passed over job applicants in Houston based on their gender and race, the DOL said Tuesday.
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October 04, 2022
Trump Asks High Court To Intervene In Mar-A-Lago Docs Case
Former President Donald Trump on Tuesday asked the U.S. Supreme Court to step in and reverse an Eleventh Circuit order that allowed the U.S. Department of Justice to review classified documents seized from his Florida resort and residence, arguing that the appellate court lacks jurisdiction.
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October 04, 2022
Chipmaker Plans $100B Facility Investment In New York
Memory chipmaker Micron Technology Inc. unveiled plans Tuesday to pour $100 billion over the next 20 years into the construction of a semiconductor factory in upstate New York, aided by state and federal incentives and funding.
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October 04, 2022
Bannon's Border Wall Fraud Trial On Track For Fall 2023
A New York state judge tentatively set a November 2023 trial date on Tuesday for former Trump administration strategist Steve Bannon on charges he schemed to siphon off donations meant to pay for a wall along the southern U.S. border.
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October 03, 2022
Tillerson Says He Never Tapped Trump Ally For Diplomacy
Former U.S. Secretary of State Rex Tillerson on Monday told a New York federal jury in the illicit lobbying trial of Thomas Barrack that he never told the former adviser to ex-President Donald Trump to engage in any diplomacy, nor was he aware of Barrack's involvement in U.S. foreign policy.
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October 03, 2022
OIG Says Some Military Landlords Won't Adopt Tenant Rights
Some on-base private military housing landlords have refused to voluntarily adopt tenant protections, including the right for residents to enter a dispute resolution process, according to a report made public by the U.S. Department of Defense's Office of Inspector General on Monday.
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October 03, 2022
SolarWinds Investors Ask Judge To Grant Class Cert.
Investors in software company SolarWinds have asked an Austin federal judge to certify a proposed class of shareholders who were allegedly hurt after the company's "woefully deficient" cybersecurity practices were linked by officials to a massive cyberattack on the U.S. government.
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October 03, 2022
Elizabeth Holmes Gets Hearing On Alleged Gov't Misconduct
A California federal judge who oversaw the criminal fraud trial of ex-Theranos CEO Elizabeth Holmes on Monday ordered an evidentiary hearing to look into "limited, but serious" questions about whether prosecutors engaged in misconduct with respect to a key government witness, delaying her sentencing previously set for Oct. 17.
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October 03, 2022
High Court Won't Hear Navy Chaplains' Promotion Bias Suit
The U.S. Supreme Court declined Monday to review whether an appeals court made the right call by shutting down a suit from 21 Evangelical chaplains who said the U.S. Navy unlawfully favored Catholic chaplains for promotions.
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October 03, 2022
Catching Up With Delaware's Chancery Court
What do drones, electric cars, eggs, chocolate and time-wasting have in common? They're all part of the news out of Delaware Chancery Court this week. And that's not even counting all the disputes between Twitter Inc. and Tesla CEO Elon Musk, which are ratcheting up as the Oct. 17 trial over the scuttled $44 billion deal approaches.
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October 03, 2022
Justices Won't Hear Utah Man's Bump Stock Ban Suit
The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision in a suit seeking to overturn the Bureau of Alcohol, Tobacco, Firearms and Explosives banning of bump stocks under the National Firearms Act.
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October 03, 2022
Defense Contractor Strikes $2B Deal For Military Satellite Tech
Global aerospace and defense technology company L3Harris Technologies Inc., guided by Sullivan & Cromwell LLP, will pay nearly $2 billion to acquire the military Tactical Data Links product line from satellite developer Viasat Inc., which is being led by Latham & Watkins LLP, the companies announced Monday.
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October 03, 2022
'Greed' Fueled Mass. Police Union Boss's Fraud, Jury Told
A former Massachusetts State Police union head accepted kickbacks from a lobbyist friend he handed business and used the bargaining unit as a piggy bank for personal getaways, Boston federal prosecutors told a jury Monday.
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October 03, 2022
Co-Owner Of Bid-Rigging Insulation Firm Sentenced To 1 Year
The co-owner of a Connecticut insulation company was sentenced to one year and a day in prison for his role in a larger bid-rigging scheme for pipe and duct insulation for private and public projects in the state.
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October 03, 2022
Trump Fights Fast Appeal Of Mar-A-Lago Special Master Order
Former President Donald Trump told the Eleventh Circuit on Monday that there is no need for an expedited review of a Florida federal judge's decision to appoint a special master to screen documents seized at his Mar-a-Lago estate, saying he would be prejudiced if the appeal is expedited.
Expert Analysis
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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Suspension And Debarment: FY 2022 By The Numbers
Analysis of the System for Award Management's fiscal year 2022 data suggests renewed focus in the government’s suspension and debarment apparatus on exclusions, potentially ending a steep year-on-year decline, and finds greater transparency with the potential to demonstrate the program's public benefit, says David Robbins at Jenner & Block.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.
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State COVID Insurance Rulings Highlight Errors In Dismissals
Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.
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Apple's New Messaging Features Will Complicate E-Discovery
Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.
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Regulatory Changes That May Affect Investments In Wireless
A potential acquisition or investment in the wireless space requires a fulsome understanding of the regulatory environment, including a new spectrum strategy under the Biden administration, the potential for more legal challenges to Federal Communications Commission decisions and more, says Laura Stefani at Venable.
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Twitter Whistleblower Claim Is Cautionary Tale For Employers
A former Twitter executive's recent whistleblower complaint should serve as a wake-up call for organizations employing cybersecurity professionals to respond quickly when concerns over security practices are raised, lest they face litigation, regulatory activity and reputational harm, say attorneys at Epstein Becker.
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Law Firm Inclusion Efforts Often Overlook Business Staff
Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.
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How Contractors Can Avoid Cybersecurity FCA Violations
Recent U.S. Department of Justice settlements and remarks underscore heightened focus on cybersecurity liability under the False Claims Act, so government contractors should consider compliance measures such as conducting periodic risk assessments, being responsive to employee concerns, and more, say attorneys at WilmerHale.
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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.
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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.
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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.
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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.