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Aerospace & Defense
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May 16, 2025
DHS Illegally Freezing Counterterrorism Funds, Chicago Says
The U.S. Department of Homeland Security has unconstitutionally frozen funding from a federal program intended to aid counterterrorism efforts by refusing preapproved reimbursement claims, the city of Chicago said Friday in a federal suit looking to force repayment.
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May 16, 2025
Calif. Atty Caught Using Claim Construction Made Up By AI
A San Francisco-based attorney representing Magpul Industries in patent litigation has been effectively removed from the case after admitting that the claim construction chart he submitted was nearly all fabricated by artificial intelligence.
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May 16, 2025
NJ, DuPont To Face Off In Landmark PFAS Trial Series
New Jersey and chemical manufacturing giant E.I. DuPont de Nemours will square off Monday over the contamination at a former Salem County manufacturing facility in a first-of-a-kind series of trials that environmental attorneys expect will impact "forever chemicals" litigation across the country.
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May 16, 2025
Nadine Menendez Gets 3-Month Delay Of Bribery Sentencing
A federal judge in Manhattan on Friday granted Nadine Menendez's bid for a three-month delay of her sentencing on bribery charges, but he said he would not postpone it any further.
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May 16, 2025
Patent Owner Urges Justices To Take Telemedicine Case
The owner of a pair of invalidated patents covering medical machinery pushed the U.S. Supreme Court to take up its fight over the patents' eligibility since the government said it planned to argue the patents shouldn't have been invalidated as abstract if the company's petition was granted.
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May 16, 2025
Trump Admin Settles Vaccine Contract Info Suit For $10K
The Trump administration has reached a $10,000 settlement with a consumer advocacy group over allegedly withholding information about the government's billion-dollar contracts with companies that developed and manufactured the COVID-19 vaccine, including Pfizer and Moderna.
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May 15, 2025
KPMG Sues To Stop Air Force's 'Billion-Dollar Boondoggle'
KPMG has lodged a bid protest accusing the U.S. Air Force of unlawfully forgoing competition when awarding Deloitte more than $1 billion worth of audit remediation contracts, telling the U.S. Court of Federal Claims that KPMG can't compete unless the "billion-dollar boondoggle" is stopped.
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May 15, 2025
GOP Senators Say Gov't Should Ban Chinese Co.'s Routers
More than a dozen Republican senators have come together to urge the U.S. Department of Commerce to block the sale of Chinese-owned router-maker TP-Link's products in the United States, citing their growing fears about Chinese-made technology being used for espionage.
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May 15, 2025
Unions, Groups Seek Injunction To Block Gov't Restructuring
A California federal judge must greenlight a nationwide injunction to stop multiple federal agencies from moving ahead with implementing reorganization and mass termination plans linked to an executive order, a coalition of unions and groups argued, making their request on the heels of a temporary restraining order.
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May 15, 2025
$60.5M In Settlements Get Final OK In RTX No-Poach Case
A Connecticut federal judge has granted final approval to $60.5 million worth of settlements to resolve accusations that RTX Corp.'s Pratt & Whitney division and five contractors colluded to avoid hiring one another's workers, with RTX paying more than half of the total and attorneys taking nearly $20.2 million in fees.
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May 15, 2025
DOD Updates Plans For Trans Service Member Separations
The U.S. Department of Defense on Thursday issued updated guidance for plans to identify and discharge transgender service members after a Supreme Court order allowed it to keep implementing a challenged policy that prohibited them from serving.
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May 15, 2025
Fla. Aircraft Parts Broker Pleads Guilty To Fraud Conspiracy
An aircraft parts broker has pled guilty to fraud conspiracy in Florida federal court, admitting to netting $375,000 in a scheme involving the falsification of invoices to divert sales from his employer and use its inventory to fulfill orders through his Tennessee-based company.
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May 15, 2025
Feds, Immigrants Spar Over Defense Dept. Role In Removals
A group of immigrants facing deportation to countries where they have no prior ties and may be at risk of harm urged a Massachusetts federal judge to add the U.S. Department of Defense as a defendant in their pending class action, a move the government says is unnecessary.
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May 15, 2025
C-Band Payment Clearinghouse Says Its Work Is Done
The Federal Communications Commission's C-Band Relocation Payment Clearinghouse is planning to wind down its operation by the end of June, saying it's "completed all substantive functions required" by the commission dating back to its 2020 order expanding use of the C-band for 5G.
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May 14, 2025
NY Judge Skeptical Of Huawei's Pretrial Bid To Nix Charges
A Brooklyn federal judge seemed skeptical of a push by Huawei Technologies and affiliates to dismiss charges from a criminal case alleging Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
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May 14, 2025
Army Corps Halts Air Base Project, Cites Contractor Lapses
The U.S. Army Corps of Engineers reasonably terminated a $1.7 million contract for repairs to an air base in South Korea for lack of progress, but it must negotiate with the contractor to settle payment for the work completed, a contract appeals board said.
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May 14, 2025
Tripwire Moves To End Explosives Suit Over Licensing Issues
Tripwire South, its affiliate Tripwire Aviation and executive Ryan Morris urged a Pennsylvania federal court to dismiss Bizzell Corp.'s fraud and contract claims, arguing Bizzell's failure to obtain proper government licenses made delivery of military-grade explosives legally impossible.
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May 14, 2025
Lawmakers Line Up To Unwind Trump's 'Chaotic' IEEPA Tariffs
Nearly 150 members of Congress have thrown their support behind 12 state attorneys general suing to halt the Trump administration's "emergency" tariffs, arguing they far exceed the statutory authority of a president.
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May 14, 2025
Risks Abound For Higher Ed As Top Court Ruling Turns 2
Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.
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May 14, 2025
11th Circ. Won't Reopen White DOD Worker's Race Bias Suit
The Eleventh Circuit refused to revive a commissary worker's lawsuit claiming the U.S. Department of Defense threatened to suspend her over a Black colleague's false accusations that she'd used a racial slur, ruling Wednesday that she failed to show the agency proposed the discipline because she's white.
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May 14, 2025
3M Payment Satisfied Policy Requirements, Del. Justices Told
An attorney for 3M and its subsidiary Aearo Technologies argued that the parent company's payment of defense costs in multidistrict litigation over combat earplugs satisfied the self-insured retention of the subsidiary's insurance policies, telling the Delaware Supreme Court on Wednesday the insurers "got exactly what they bargained for."
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May 14, 2025
Co. Missed Chance To Appeal Axed Contract, Board Says
A Maryland-based company that repeatedly missed deadlines to deliver conduits to a U.S. Army depot also missed a 90-day window to appeal the Army's termination of its contract, a military contract board has said.
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May 14, 2025
Trump Scraps Biden-Era Restrictions On AI Chip Exports
The U.S. Department of Commerce announced Tuesday it has rescinded guidelines on artificial intelligence technology exports issued under former President Joe Biden, saying it would take other steps "to strengthen export controls" on AI semiconductor chips.
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May 14, 2025
Judge Orders Boeing To Share Disclosures, Allow Depositions
A Virginia federal judge has said Boeing must share disclosures about its "false-stamping" of aircraft testing with three state pension systems that accuse the company and its executives of putting profits over safety, and that some board members must sit for depositions.
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May 14, 2025
EPA Plans Cutbacks And Delays To PFAS Drinking Water Regs
The U.S. Environmental Protection Agency on Wednesday said it will retain the current drinking water standards for two toxic PFAS but will delay compliance deadlines for public water systems and eliminate limits on other forever chemicals.
Expert Analysis
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Preparing For Disruptions To Life Sciences Supply Chains
Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
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Steering Clear Of US Sanctions While Paying Pirates Ransom
Maritime operators, insurers and financial institutions must exercise extreme caution when making ransom payments related to Somali piracy, as the payments could trigger primary and secondary sanctions enforcement by the Office of Foreign Assets Control, says Chelsea Ellis at LMD Trade Law.
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Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute
After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary.Â
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.