Aerospace & Defense

  • March 21, 2024

    Plan Admin. Escapes Ex-Aerospace Execs' Death Benefits Suit

    A third-party administrator isn't liable for misrepresentation and negligence claims from former aerospace company executives over death benefits, a Pennsylvania federal judge has ruled, saying the administrator isn't to blame for the plaintiffs' lack of understanding about the termination of a deferred compensation plan.

  • March 20, 2024

    Journalist Can Sue UAE Over Alleged Hacking, Court Says

    A court has given a British journalist the green light to sue the United Arab Emirates over its alleged use of spyware to infiltrate her mobile phone, in the first U.K. case of its kind, lawyers for the reporter said on Wednesday.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Senators Want More Scrutiny For Defense M&A Deals

    Two U.S. senators are calling on the Pentagon to shift the way it reviews defense industry mergers and dedicate more staff to the task, saying that contractor consolidation is jeopardizing national security and diminishing returns for taxpayer dollars.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Contractor Can't Refute GSA Audit Power, Gov't Tells DC Circ.

    The federal government urged the D.C. Circuit to uphold a lower court ruling that the General Services Administration had the authority to audit a Crowley Government Services Inc. military transportation contract, saying the ruling leaned on a clear interpretation of an underlying statute.

  • March 19, 2024

    NLRB Tells 5th Circ. To Deny SpaceX's Transfer Review Bid

    SpaceX's request that the Fifth Circuit rehear a venue dispute between federal courts in Texas and California isn't justified, the National Labor Relations Board argued, saying the rocket company's challenge to the agency's constitutionality lacks significant ties to Texas.

  • March 19, 2024

    Don't Impose Foreign Ownership Regs On ISPs, FCC Told

    As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.

  • March 19, 2024

    5th Circ. Won't Rehear Ex-Raytheon Worker's Firing Suit

    The Fifth Circuit on Tuesday refused to rehear an engineer's claims that he was fired by Raytheon for flagging issues with a defense system, keeping intact its ruling that national security concerns barred the retaliation case.

  • March 19, 2024

    Immunity Ruling Doesn't Apply To CACI, Iraqi Ex-Detainees Say

    Former detainees at Iraq's Abu Ghraib prison fought to preserve their claims against a Virginia-based defense contractor they claim is complicit in their torture, saying the company's reliance on a U.S. Supreme Court ruling to establish immunity lacks merit.

  • March 19, 2024

    Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal

    Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.

  • March 19, 2024

    High Court Won't Moot Suit Over Rescinded No-Fly Listing

    The U.S. Supreme Court ruled Tuesday that the federal government cannot moot a challenge to an individual's placement on the federal no-fly list by removing the person from the list, in the absence of a definite declaration that the government will not return them to the list in the future.

  • March 18, 2024

    Claims Court Won't Let Army Out Of Contract Breach Claims Yet

    A U.S. Court of Federal Claims judge ruled that a clause in a U.S. Army training service deal allowed it to end a contractor's deal but said he couldn't yet rule on claims the Army breached the deal by not making full payments.

  • March 18, 2024

    GOP Rep. Calls For Crackdown On EV Threats From China

    Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.

  • March 18, 2024

    Feds Call $45B Nuclear Deal Appeal Moot After New Award

    The federal government pressed the Federal Circuit to dismiss a contractor's appeal over registration issues with a $45 billion nuclear waste cleanup contract, arguing Monday the appeal was moot following the U.S. Department of Energy's reissuance of the deal.

  • March 18, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.

  • March 18, 2024

    Attorney For Sen. Menendez's Wife Conflicted, Feds Say

    Nadine Menendez, the wife of U.S. Sen. Robert Menendez and his co-defendant in a federal corruption trial in Manhattan, may be disadvantaged at trial due to her counsel's having "personal knowledge of certain facts relevant to this matter" that could compel him to testify as a witness, federal prosecutors said.

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 15, 2024

    Dems Want New Missile Plan Axed If Military Can't Justify Cost

    Sen. Elizabeth Warren, D-Mass., and Rep. John Garamendi, D-Calif., suggested the Air Force's new nuclear missile program should be shuttered after it exceeded its expected cost to taxpayers by $36 billion, unless it can justify its relevance to national security.

  • March 15, 2024

    Feds' PACER Gaffe Doesn't Mean A Sure Win For Magnet Co.

    Federal prosecutors may suffer a setback in a case accusing a magnet manufacturer of sharing sensitive military data with China after accidentally publicizing the same information, but they may have an out under a regulation governing publishing in the public domain.

  • March 15, 2024

    Boeing Supplier Sued Over 737 Max Door Plug's Missing Bolts

    A new lawsuit in Washington state court over a Boeing 737 blowout that endangered an Alaska Airlines flight takes aim at Spirit AeroSystems, the manufacturer of the door plug that ruptured from the fuselage, for allegedly not installing necessary bolts and fittings.

  • March 15, 2024

    Navy Fails To Block Appeal Over Terminated HVAC Task Order

    A California construction contractor can go forward appealing the U.S. Navy's decision to terminate a heating, ventilation, and air conditioning task order after the Armed Services Board of Contract Appeals shot down the Navy's contention the appeals board lacked jurisdiction.

  • March 15, 2024

    Military Subcontractor Says Partner Tried To Poach Work

    A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.

  • March 15, 2024

    Contractor's Single Claim For 2 Lost Trucks Enough, For Now

    A contractor didn't need to separate the value of two trucks lost by the U.S. Army to get the military to pay for replacement vehicles, an appeals board said, rejecting the Army's arguments that the contractor should have filed two claims.

Expert Analysis

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • AI Executive Order's Life Science, Healthcare Industry Effects

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    The recent White House executive order to manage risks associated with artificial intelligence includes provisions specific to healthcare and life sciences that merit special attention, including transparency, human oversight of AI output, and real world performance monitoring, say attorneys at Ropes & Gray.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • Bribery Bill Fills Gap In Foreign Corruption Enforcement

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    Congress recently passed the Foreign Extortion Prevention Act, significantly expanding the U.S. government's ability to prosecute foreign officials who seek or demand bribes, but if enacted, the legislation could also create tension with other nations, say attorneys at Ropes & Gray and Mayer Brown.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Contract Disputes Recap: Termination and Accrual

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    Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • What DOD Commercial Product Rule Means For Contractors

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    A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Inside New Classified Contract Guidance For Joint Ventures

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    A recent Information Security Oversight Office notice clarifies the interplay between small business joint-venture rules and eligibility determinations for U.S. Department of Defense classified contracts, but it's still unclear how this should be interpreted for non-DOD procurements, says Todd Overman at Bass Berry.

  • DOJ Officials' Remarks Signal New Trends In FARA Activity

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    Three U.S. Justice Department officials' remarks at a recent forum reinforce the department's renewed focus on aggressively enforcing the Foreign Agents Registration Act, which has been transformed into a significant national security and criminal enforcement tool, and its efforts to tightly regulate the activities of foreign agents in the U.S., say attorneys at Covington.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

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