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Aerospace & Defense
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May 23, 2025
Senate Dems Bash Spectrum 'Giveaway' In Budget Bill
Key Senate Democrats who oversee telecommunications issues have lambasted聽House Republicans for "handing over" swaths of radio spectrum to the wireless industry in the sweeping budget reconciliation bill that GOP lawmakers passed Thursday.
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May 23, 2025
Split DC Circ. Affirms Ax Of Ex-Trump Aide's Surveillance Suit
A split D.C. Circuit affirmed Friday the dismissal of claims by former Trump 2016 campaign adviser Carter Page that the U.S. Department of Justice, FBI and former top officials violated privacy statutes in surveilling him as part of a Russian election interference probe.
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May 23, 2025
Trump Issues Fresh Tariff Threats Against EU, Apple
President Donald Trump said that the European Union should face a 50% tariff beginning July 9 because trade negotiations are "going nowhere" and that Apple should pay at least a 25% tariff if it doesn't manufacture iPhones in the U.S.
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May 22, 2025
What's Next As DOJ Mulls Dropping Boeing Criminal Case
Boeing might be on the verge of closing a chapter in its 737 Max legal saga as the U.S. Department of Justice contemplates dropping its criminal conspiracy case against the company in what experts described as an unprecedented move just a year after Boeing was preparing to be branded a corporate felon.
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May 22, 2025
L3 Technologies To Pay $62M To Settle FCA Claims, DOJ Says
The U.S. Department of Justice said Thursday a defense contractor agreed to pay $62 million to settle allegations that it violated federal laws by failing to provide accurate price and cost data for communications equipment sold to the military and other agencies.
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May 22, 2025
FCC Clamps Down On 'Bad Labs' Seen As Security Threats
Labs that test communications equipment flowing to the U.S. market will get a security makeover after a vote Thursday by the Federal Communications Commission.
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May 22, 2025
Cities Say They Fixed Bid To Divest Axon Police Camera Buy
A trio of local governments urged a New Jersey federal judge Wednesday not to tee up an attack on their bid to force Axon聽Enterprise Inc. to divest a police body camera company whose purchase they say helped it monopolize the market, arguing they've fixed failings from an earlier complaint.
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May 22, 2025
Calif. Judge Likely To Extend Block On Gov't Reorg, Job Cuts
A California federal judge indicated Thursday she'll likely convert her temporary restraining order聽into a preliminary injunction against President Donald Trump's executive order to reduce the federal workforce, saying the law "seems clear" that presidents cannot issue large-scale agency reductions without congressional approval and "to hold otherwise" would contradict nine previous presidents and 21 congresses.
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May 22, 2025
As Trump Wields FCA, Whistleblowers May See 'Dollar Signs'
The Trump administration's plan to use the False Claims Act to target diversity programs and alleged civil rights fraud steers a well-worn statute into uncharted territory, and could spur significant whistleblower activity amid high-profile battles with Harvard University, BigLaw firms and other institutions, experts told Law360.
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May 22, 2025
FCC Eyes More Satellite Use Across 4 Spectrum Bands
The Federal Communications Commission on Thursday took the next step in plans to open multiple spectrum bands to more extensive satellite use by proposing changes that officials say could free up a total of 20,000 megahertz for space-based communications.
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May 22, 2025
Contractor Settles DOJ's Aircraft Adhesive FCA Allegations
A federal contractor paid to make an external pod to carry communications equipment on military aircraft agreed to pay $512,000 to resolve allegations that it misrepresented or omitted important information regarding the adhesive used in a prototype as well as the testing procedures used on that prototype.
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May 22, 2025
Senior FCC Democrat Attends Final Monthly Meeting
Geoffrey Starks, the聽senior Democrat on the Federal Communications Commission, participated in his last agency meeting Thursday, where he announced he will leave the agency sometime within the next month.
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May 21, 2025
4th Circ. Won't Revive Khashoggi Widow's Surveillance Suit
The Fourth Circuit on Wednesday said a Virginia federal judge properly tossed a lawsuit from the widow of Washington Post journalist Jamal Khashoggi alleging NSO Group Technologies' spyware contributed to her husband's assassination, saying she hasn't shown the cyber-intelligence firm's alleged conduct was directed at the Commonwealth.
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May 21, 2025
USAA's $3.25M Data Breach Deal Granted Final OK
Customers of USAA have received final approval for their $3.2 million settlement agreement to resolve claims that cybersecurity shortcomings affecting the bank's online insurance quote system paved the way for cybercriminals to open fraudulent memberships.
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May 21, 2025
Army Contract Protest Dismissed Over Filing Violations
Multiple missed filing deadlines and public filings containing confidential information, despite repeated warnings, provided grounds to dismiss a Virginia company's challenge of a U.S. Army contract award for information technology services, a Court of Federal Claims Judge said Wednesday.
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May 21, 2025
Courts Can't Review Trump's Tariff Emergencies, Gov't Says
Courts can't review President Donald Trump's decision that unusual or extraordinary threats exist under the International Emergency Economic Powers Act, a government attorney told the U.S. Court of International Trade on Wednesday as 12 states seek to block Trump's tariffs under the law.
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May 21, 2025
Airplane Parts Cos. Urge NC Justices To Revive Crash Appeal
A pair of airplane parts makers urged the North Carolina Supreme Court on Wednesday to bring back their appeal seeking to dismiss claims brought against them over a fatal 2015 plane crash, arguing the state justices should clarify when interlocutory appeals are warranted and correct what they called "patently wrong" reasoning at the lower courts.
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May 21, 2025
'Rip And Replace' Likely Done In 1 Year, FCC Says
Telecom carriers will likely be finished with work across the country to remove risky foreign-made equipment from their networks in about a year, the head of the Federal Communications Commission told lawmakers Wednesday.
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May 21, 2025
Ky. Judge Nixes Treasury's Bid To End Labor Contracts
The U.S. Department of the Treasury lacks standing to seek an order allowing it to lawfully terminate its labor contracts with a federal employee union, a Kentucky federal judge ruled, finding the agency's alleged harm is based on speculation about the potential consequences of enforcing an executive order.
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May 21, 2025
Trump Can't Fire Privacy Board Democrats, DC Court Says
The Trump administration is not allowed to remove two Democrats from the U.S. Privacy and Civil Liberties Oversight Board, Congress' privacy watchdog over the executive branch's counterterrorism policies, a D.C. federal judge ruled Wednesday.
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May 21, 2025
Feds Say Atty Behind Embassy Attack Can't Avoid Restitution
A Florida attorney who claimed he was unable to pay restitution for felony convictions after he detonated explosives in San Antonio and outside the Chinese Embassy in Washington, D.C., cannot avoid the $325,000 bill, federal prosecutors told a D.C. federal court.
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May 21, 2025
Lighting Biz Will Pay $300K For Providing Chinese Goods
A Connecticut lighting company and its owner have reached a $300,000 settlement with the U.S. Department of Justice to resolve allegations it sold Chinese-made products to several government agencies in violation of the Buy American Act and the Trade Agreements Act.
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May 21, 2025
Nadine Menendez Taps Cozen O'Connor To Fight Conviction
Former Sen. Bob Menendez's wife, Nadine Menendez, has added Cozen O'Connor as co-counsel as she fights to overturn her conviction on bribery charges, according to a filing in New York federal court.
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May 20, 2025
Nonprofits Seek To Block 'Sweeping' AmeriCorps Cuts
A number of education, environmental and housing nonprofits have asked a Maryland federal judge to block the firing of thousands of AmeriCorps employees and the cancellation of $400 million to its programs, saying the move violates core constitutional principles regarding separation of powers that have already had severe consequences.
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May 20, 2025
FCC Warned To Not Overreach In Undersea Cable Rules
Network providers cautioned the Federal Communications Commission to stick to its legal authority when crafting new rules to beef up the security of undersea telecom cables, saying the FCC can't regulate beyond cable owners and operators under existing law.
Expert Analysis
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥 but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥 approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons 鈥 due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥 but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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What Insurers Need To Know About OFAC's Expanded FAQs
The Office of Foreign Assets Control's recently expanded insurance FAQs clarify how OFAC views insurance policies in a number of specific circumstances involving sanctioned parties, and make plain that sanctions compliance is the responsibility of all participants in the insurance ecosystem, including underwriters, brokers and agents, say attorneys at Morgan Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys 鈥 new ones especially 鈥 there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Inside The Appeals Board's 2024 Report To Congress
An in-depth examination of the Armed Services Board of Contract Appeals鈥 annual report reveals 鈥媋 continuing decline in new cases, motions and hearings, a trend that may correspond with 鈥媡鈥媓e increased use of alternative dispute resolution, and expedited or accelerated proceedings, say attorneys at Miller & Chevalier.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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Implementing Human Rights Due Diligence
The Bureau of Industry and Security鈥檚 recent removal of a Canadian surveillance provider from its export blacklist, after just eight months, illustrates the importance of integrating human rights due diligence into the vetting process by asking a few targeted questions, say attorneys at Cravath.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer 鈥 and a better person 鈥 because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.