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New Export Control Requirement for Electronics Manufacturers in Defense and Aerospace Industries

The State and Commerce Departments recently issued significant new regulations under Export Control Reform affecting the export control requirement for military electronics. These will have a major impact on manufacturers of...more

FAA Allows First Commercial Operations of Unmanned Aircraft Systems in Continental United States

On September 25, 2014, the Federal Aviation Administration (FAA) approved the requests of six video production companies to use unmanned aircraft systems (UAS) in their businesses. The six companies were among the first to...more

FAA Approves Use of Drones on Movie Sets

On Sept. 25, the Federal Aviation Administration (FAA) approved the limited use of unmanned aerial systems (UAS), commonly referred to as drones, for film production on some movie sets. Current FAA regulations prohibit...more

Drones and Commercial Real Estate - The Wait Continues

The Federal Aviation Administration (FAA) has been playing catch-up with the developers and manufacturers of "drones," a term those in the media have grown fond of using, or unmanned aircraft systems (UAS)/unmanned aerial...more

Congress Returns From August Recess

Congress returns this week from a five week district work period for approximately ten legislative days before departing Washington again in late September to campaign for the November midterm elections. Although the...more

DOT Releases Passenger Protection Rulemaking #3; FAA Considers Commercial Drone Operations; Other Regulatory Issues

It has been a busy month at the Department of Transportation, with the DOT finally releasing its long-anticipated proposed rule on Transparency of Airline Ancillary Fees and Other Consumer Protection Issues, better known as...more

Status Updates - June 2014 #4

..Are threats made on social media protected free speech, or potentially criminal acts? The U.S. Supreme Court has agreed to examine the constitutionality of a federal law making it a crime to transmit communications...more

Decision Yesterday Deals Blow to FAA Prohibition on the Use of Commercial Drones

In a setback to the FAA's ban on the unlicensed use of commercial drones, a federal administrative law judge has ruled that the FAA could not fine a Virginia man who used a model aircraft to take photographs and film for...more

U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially...more

"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court...

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress...more

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

Supreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA

On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a...more

SCOTUS: Airlines Are Entitled to Immunity under the Aviation and Transportation Security Act Unless Statements Are Materially...

Yesterday, the Supreme Court issued its decision in Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. ---, No. 12-315 (2014), holding that immunity for an air carrier under the Aviation and Transportation Security Act, 49...more

NIST Publishes Draft Cybersecurity Framework For Critical Infrastructure Industries

On October 23, 2013, the National Institute of Standards and Technology (NIST) released a long-anticipated draft of its Cybersecurity Framework. The Framework, as NIST explains, is “not a risk management process itself,” but...more

"Privacy & Cybersecurity Update: NIST Cybersecurity Framework: Preliminary Draft Issued"

On October 22, the National Institute of Standards and Technology (NIST) issued its Preliminary Cybersecurity Framework (the Preliminary Framework). The Preliminary Framework represents the first full draft of the...more

Fiscal Fights in Congress Threaten to Ground Newsroom Plans for Drones

Commercial drones for news gathering may be grounded from takeoff, at least for a while, by fiscal dogfights and privacy concerns playing out this month in the U.S. Congress....more

Digital Sign War Heats Up With Lawsuit By Scenic America Challenging FHWA Guidance on Sign Lighting

A lawsuit recently filed by Scenic America strikes at a guidance issued by the Federal Highway Administration (FHWA) in 2007 related to the use of changeable electronic variable message signs (CEVMS) also known as digital...more

Mexico announces new transportation and telecommunications investment program

Gerardo Ruiz Esparza, the Mexican Minister of Communications and Transportation, has announced a new Investment Program for Transportation and Telecommunication for fiscal years 2013-2018....more

FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers

In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband...more

Spirit Airlines v. U.S. Dep’t of Transportation

Brief Of Amici Curiae CATO Institute And The National Federation Of Independent Business Small Business Legal Center In Support...

It is axiomatic that the freedom of speech is vitally important to our democratic society and that being able to criticize the government is at the core of this freedom. Yet government officials are constantly inventing new...more

A Special Event Taking Over Your City?

Corporate counsel increasingly have a role to play in helping their corporations plan for the unusual. Some of the issues being faced in London this year are illustrative of those issues others will face when planning around...more

Capital Thinking Update - June 11, 2012

General Legislative The House is not scheduled to be in session next week. The Senate will convene at 2:00 p.m. on Monday to resume consideration of the motion to proceed to S.3240, the Farm bill, post-cloture. ...more

Feds Hang Up On Commercial Drivers

In a continued effort to reduce accidents from distracted driving, the federal government has banned as of January 3, 2012, all commercial motor vehicle drivers from using hand-held mobile phones while driving. The new...more

Spirit Airlines Fined for Inadequate Disclosures in Twitter and Billboard Ads

The U.S. Department of Transportation (“DOT”) fined Spirit Airlines $50,000 for violating federal aviation laws and DOT rules prohibiting deceptive advertising. DOT rules require, among other things, that government-imposed...more

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