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Aerospace & Defense
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January 16, 2025
Teradyne Tells 9th Circ. Jury Should Weigh Copyright Row
Teradyne urged the Ninth Circuit on Thursday to revive its allegations Astronics Test Systems lifted its copyrighted code to sell competing digital test instruments, arguing there are factual disputes a jury should have resolved, including whether Astronics' copying was fair use and the amount of code used.
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January 16, 2025
L3Harris CEO Urges Musk, Ramaswamy To Limit Bid Protests
L3Harris Technologies' CEO published an open letter Wednesday to leaders of the new U.S. Department of Government Efficiency — billionaire Elon Musk and ex-presidential candidate Vivek Ramaswamy — calling on them to overhaul the defense contracting process and limit bid protests to three per year, per contractor, among other changes.
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January 16, 2025
Biden Makes Final Push To Fortify US Cybersecurity Posture
President Joe Biden took the latest step toward boosting the nation's cybersecurity Thursday, issuing an executive order that requires software vendors that work with the government to prove they're meeting certain security standards and promote the use of artificial intelligence for cyberdefense.
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January 16, 2025
Fed. Circ. Calls Newman's Constitutional Challenge 'Meritless'
The Federal Circuit Judicial Council urged the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's argument that the suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve on the bench is unconstitutional.
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January 16, 2025
3M Hit With PFAS Suit Over Wash. Resident's Cancer Diagnosis
A woman who lives near the Spokane International Airport filed suit Thursday against 3M, DuPont and various other companies over alleged "forever chemical" contamination of her drinking water, claiming her adult son has developed cancer after decades of exposure.
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January 16, 2025
Trump EPA Pick Faces Climate Questions, Dodges Details
President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.
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January 16, 2025
Spirit Aero Hit With Chancery Suit Over $8.3B Boeing Merger
A Spirit Aerosystems stockholder has launched a proposed class suit in the Delaware Chancery Court challenging the company's $8.3 billion all-stock acquisition by its largest customer, Boeing, announced in July 2024, citing disclosure failures and other concerns.
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January 16, 2025
Cleveland-Cliffs Sets Sights On US Steel, And More Rumors
Cleveland-Cliffs has re-emerged as a potential suitor to purchase U.S. Steel after President Joe Biden blocked Nippon's planned purchase, TikTok could be sold to Elon Musk, and Prada is among potential suitors eyeing Versace. Here, Law360 breaks down these and other notable deal rumors from the past week.
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January 16, 2025
Menendez Judge Urges Lawyers To Streamline Wife's Trial
A Manhattan federal judge urged attorneys on Thursday to cut down their 10-week estimate for the upcoming bribery trial of former U.S. Sen. Robert Menendez's wife, Nadine, warning against "boring everybody" with a slog of custodial witnesses
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January 15, 2025
GE Investors' $362.5M Settlement Gets Initial Greenlight
Investors in manufacturing giant General Electric Co. have gotten an initial nod for their proposed $362.5 million eve-of-trial deal to end long-running claims that the company fraudulently concealed cash flow problems, allegedly resulting in plummeting shares after its fiscal woes were disclosed.
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January 15, 2025
Outgoing FCC Chair Touts 'Wins On The Board'
With less than a week left in office, the chief of the Biden-era Federal Communications Commission on Wednesday highlighted the accomplishments of her tenure, including efforts to connect more Americans and advance space-based communications, but warned that a number of problems ranging from cybersecurity threats to the digital divide persist.
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January 15, 2025
DOD Chief's Secret Hospitalizations Risked National Security
A U.S. Department of Defense watchdog has called for the DOD to improve notification and authority transfer procedures for when its leader is incapacitated, saying secrecy around Defense Secretary Lloyd Austin's 2023 and 2024 hospitalizations had risked national security.
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January 15, 2025
3M Wants Conn. AG's PFAS Case Paused For 2nd Circ. Appeal
3M has urged a Connecticut Superior Court to stay the state's environmental lawsuit seeking damages for "forever chemical" pollution the company allegedly created, saying the Second Circuit should first review a federal judge's order remanding the case to state court.
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January 15, 2025
Shipbuilder Inks $1M FCA Deal To End Worker Eligibility Row
A Louisiana-based shipbuilder agreed to fork over more than $1 million to settle claims that it failed to verify several workers' employment eligibility through E-verify, and knowingly billed the U.S. Coast Guard for that labor, the Department of Justice said Wednesday.
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January 15, 2025
GAO Backs Protest Over Air Force's Use Of Contracting Model
The U.S. Government Accountability Office urged the Air Force to revisit a solicitation for pilot augmentation support services in Europe and Africa, sustaining an Ohio company's protest that it used a contracting model federal agencies are supposed to try to avoid.
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January 15, 2025
Boeing Vexes Judge In 737 Max Records Flap With Airline
The Boeing Co. can't use a now-defunct South African airline's loss of records to dodge a suit over fallout from a 737 Max airplane deal, a Washington federal judge has said, chiding the aerospace giant for offering thin circumstantial evidence of intent without any "smoking gun."
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January 15, 2025
Retired Admiral's Bribery Trial Postponed To May
A D.C. federal judge on Wednesday postponed a bribery trial for a retired Navy admiral accused of steering a government contract to two executives of a New York company, finding the volume of discovery material in the case justified the delay.
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January 15, 2025
SpaceX Suit Must Fail, Calif. Coastal Commission Tells Judge
The California Coastal Commission urged a federal judge to throw out a SpaceX lawsuit alleging it has unlawfully tried to stymie the company's rocket launches and engaged in "naked political discrimination" against CEO Elon Musk, arguing the company's claims don't pass muster.
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January 14, 2025
FBI Deletes China-Backed Malware From Windows Computers
The Federal Bureau of Investigation and French law enforcement and security partners have deleted malware used by Chinese government-backed hackers from thousands of computers worldwide, including home computers in the U.S., the U.S. Attorney's Office for the Eastern District of Pennsylvania announced Tuesday.
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January 14, 2025
BofA Says Military Interest Law, Not Bank, To Blame In Suit
Bank of America has hit back at a class action suit accusing the financial giant of violating an interest cap law for military service members, arguing that the suit fails to allege any actual violations of the law and that Congress considered and decided against the interest rate requirement that the plaintiffs seek to impose.
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January 14, 2025
DOJ Says Software Co.'s $12.7M Copyright Win Is Sufficient
The U.S. Department of Justice on Tuesday defended a judge's decision to award a software developer $12.7 million after a federal contractor made unauthorized copies of its software, telling the Federal Circuit the award was correctly calculated.
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January 14, 2025
FAR Council Wants Uniform View Of Controlled Information
The Federal Acquisition Regulatory Council on Tuesday issued a pair of long-awaited proposed regulations, seeking to define and protect controlled unclassified information across the government and to update rules related to conflicts of interest involving contractors.
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January 14, 2025
Biden Order Outlines Steps For Bolstering AI Infrastructure
President Joe Biden issued an executive order Tuesday that aims to shape the country into an artificial intelligence infrastructure leader by working with the private sector to build data centers.
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January 14, 2025
OIG Wants Corps' Overruns, Delays To Inform Future Projects
The U.S. Army Corps of Engineers regularly faced cost increases and delays on four military construction projects and should take steps to learn from and mitigate such problems, a federal watchdog said in a new report.
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January 14, 2025
Biden Finalizes Ban On Chinese, Russian Connected Car Tech
The Biden administration on Tuesday finalized a rule banning the import and sale in the U.S. of passenger vehicles with certain connectivity components made in China or Russia that the administration says could pose national security risks to American infrastructure and consumers.
Expert Analysis
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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Bid Protest Spotlight: Certification, Lateness, SBA Eligibility
In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.
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Anticipating The Maritime Sector's Future Under Trump 2.0
With the Republicans taking control of a governance trifecta, the maritime sector should brace for both familiar leadership and new change that could significantly shift shipping and defense priorities, say attorneys at Holland & Knight.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.