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Aerospace & Defense
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April 02, 2025
DOD Must Justify Noncompetitive Commissary Food Deal
The U.S. Government Accountability Office has backed a food distributor's protest over a Defense Commissary Agency fresh food supply deal, finding the agency wrongly failed to justify its use of a noncompetitive award.
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April 02, 2025
Freshfields Guides Leggett & Platt On $285M Aerospace Sale
Freshfields US LLP is guiding Leggett & Platt on the sale of its Aerospace Products Group to Tinicum Inc. for $285 million, as the company seeks to better align its portfolio with its long-term vision, according to a Wednesday announcement from Leggett & Platt.Â
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April 02, 2025
Law Profs Back Cert. Reversal In Boeing Stock-Drop Fight
Law professors and former U.S. Securities and Exchange Commission officials urged the Fourth Circuit to undo class certification for Boeing investors who accused the company of overstating the safety of its 737 Max fleet, calling the certification order a "master class" in misinterpreting precedent.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
High Court Probes Jurisdiction In Terrorism Victims' Lawsuit
The U.S. Supreme Court during oral arguments Tuesday gave little indication of how it will rule in a case questioning the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories.
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April 01, 2025
GAO Supports VA's Rejection Of Wheelchair Services Bid
The U.S. Department of Veterans Affairs reasonably rejected a business's proposal to provide wheelchair transportation services at an Atlanta medical center for failing to include details about how much it would charge for wait times, the U.S. Government Accountability Office said.
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April 01, 2025
DOD Parts Maker To Pay $15.7M Over Non-Military Grade Parts
An electrical parts maker has reached a $15.7 million deal to resolve False Claims Act allegations that it falsely certified certain parts as military-grade when those parts weren't tested as required, the U.S. Department of Justice announced Tuesday.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.Â
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April 01, 2025
Insurer Can't Escape Aerospace Co.'s $3.3M Claim Denial Suit
An insurer for an aerospace products manufacturer can't escape claims that it wrongfully denied coverage of an approximately $3.3 million loss from fund mismanagement after years of delay, an Oregon federal court ruled.
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April 01, 2025
GAO Faults Army's Experience Assessment On $544M Deal
The U.S. Government Accountability Office has sustained a protest over a $544.35 million U.S. Army communications support services deal, saying the Army did not assess the past performance of the contractor in line with its solicitation.
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April 01, 2025
6th Circ. Lets Feds End Whistleblower's NASA Contractor Suit
The Sixth Circuit stood by a lower court's decision to let the federal government intervene and successfully seek dismissal for a whistleblower's False Claims Act suit against a NASA contractor, applying a 2023 U.S. Supreme Court precedent to back the government's recent tear of dismissal bids in FCA cases.
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April 01, 2025
3 Firms Guide MDA Space's $269M SatixFy Deal
MDA Space said Tuesday it will acquire SatixFy Communications Ltd. at an equity value of approximately $193 million in a push by the Brampton, Ontario-based firm to bolster its end-to-end satellite systems offerings, with at least three law firms steering the deal.
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March 31, 2025
SpaceX Says It's Too Soon To Transfer Battle With NLRBÂ
SpaceX urged a Texas federal court to vacate a renewed order making California the location for the aerospace company's lawsuit challenging the constitutionality of the National Labor Relations Board's structure, saying conditions the Fifth Circuit imposed for renewing a bid for a transfer after blocking it in August haven't been met.
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March 31, 2025
Lockheed Martin Can't Escape Retirees' 'De-Risking' Suit
Aerospace and defense giant Lockheed Martin can't shed former employees' allegations it mismanaged a $9 billion employee pension plan by using an allegedly risky annuity provider to handle the plan on behalf of 31,000 beneficiaries, a Maryland federal judge has determined.
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March 31, 2025
9th Circ. Won't Stay Injunction On Transgender Troop Ban
A Ninth Circuit panel on Monday denied the federal government's bid for an emergency stay that would have allowed the U.S. Department of Defense to move forward with the Trump administration's ban on transgender military service following a Washington federal judge's decision to block the prohibition last week.
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March 31, 2025
Hegseth Wants Single Fitness Standard For Combat Roles
Defense Secretary Pete Hegseth has ordered military leaders to revise their physical fitness standards for service members in combat roles, saying the standards need to be "sex-neutral," with no exceptions for current troops.
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March 31, 2025
Va. Judge Halts Firings Of Intelligence Officers In DEI Posts
A Virginia federal judge on Monday blocked the Trump administration from following through with terminating intelligence officers assigned to diversity, equity and inclusion roles in the CIA and U.S. Office of the Director of National Intelligence.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
Judge Says Army Misled Radioactive Cleanup Contractor
A Court of Federal Claims judge has backed a joint venture in its $7.2 million dispute over a U.S. Army radioactive waste remediation contract, saying the Army misled the company regarding the scope of expected work.
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March 31, 2025
Justices Reject Gas Price-Fixing Claims Over Trump Oil Pact
The U.S. Supreme Court refused Monday to review a bid to revive a proposed class action alleging price-fixing between major oil producers as part of a 2020 deal among Russia, Saudi Arabia and President Donald Trump's administration to cut production.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.Â
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March 28, 2025
DOD Seeks To Void Union Deals Over Efficiency Concerns
The U.S. Department of Defense and other agencies asked a Texas federal judge to bless President Donald Trump's move to end collective bargaining with their workers, saying in a new suit that their union deals are hampering national security by inhibiting the president's federal workforce shakeup.
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March 28, 2025
Judge Ends $400M Air Force Base PFAS Contamination Case
A Court of Federal Claims judge has dismissed a $400 million lawsuit from New Mexico landowners alleging that PFAS runoff from a nearby U.S. Air Force base contaminated their land, saying they hadn't shown any taking by the government.
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March 28, 2025
Judge Won't End Atty Dispute Over Beirut Bombing Suit
A federal judge declined to give a Maryland law firm a pretrial win in a lawsuit brought by two Houston attorneys who accused it of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing.
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March 28, 2025
2nd Judge Grants Injunction Against DOD's Transgender Ban
A Washington state federal judge has blocked the Trump administration's ban on transgender troops following a similar move by a federal judge in Washington, D.C., finding that the prohibition blatantly discriminates based on gender status and sex without any justifying evidence.
Expert Analysis
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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 ÃÛÌÒÊÓÆµ-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 ÃÛÌÒÊÓÆµ 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.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
Preserving The FCA Is Crucial In Trump's 2nd Term
While the Trump administration may pursue weaker False Claims Act enforcement, it remains an essential tool in safeguarding public funds and maintaining corporate accountability, so now is not the time to undermine ethical behavior, or reduce protections and incentives for whistleblowers, says Adam Pollock at Pollock Cohen.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â