WEBINAR: The ABCs of Pilot Deviations
Asiana Flight 214: The Potential Causes and Legal Implications - Mike Danko
When it comes to corporate accountability few cases are as significant as the ongoing litigation involving Boeing. Since the 737 MAX safety scandal erupted in 2021, the company has been embroiled in a complex legal journey....more
Gentlemen - I have written blog posts and articles about the proposed Plea Agreement negotiated between Boeing and the Department of Justice (DOJ). As the leaders of both organizations, I wanted to address you both...more
In its proposed Plea Agreement, the Department of Justice (DOJ) lays out the abject failures of Boeing which led the DOJ to conclude the underlying Deferred Prosecution Agreement (DPA) from 2021 has been breached. The DOJ...more
When it comes to corporate accountability and the often murky waters of compliance, few cases are as illustrative and significant as the ongoing litigation involving Boeing. Since the 737 MAX safety scandal erupted in 2021,...more
Boeing’s Plea Agreement includes two Separate Factual Statements — the January 7, 2021 DPA, which is discussed in a prior blog post, and a factual outline of Boeing’s breach of the original DPA, resulting in the current Plea...more
DOJ and Boeing have entered into a proposed plea agreement that will require judicial scrutiny and determinations of the public interest and the victims’ rights under the Crime Victims’ Rights Act, 18 U.S.C. § 3771 [“CVRA”]. ...more
The Boeing 737 MAX case took another dramatic turn. On July 24, 2024, the Department of Justice filed with the United States District Court for the Northern District of Texas a proposed plea agreement with Boeing. The plea...more
The Department of Justice (DOJ) has filed its Plea Agreement in the wake of the Boeing guilty plea. Due to Boeing’s legal challenges, some probation conditions have been imposed to ensure the company adheres to enhanced...more
In probably a move that will surprise no one, the families of the victims of the two Boeing 737 MAX crashes have objected to the Department of Justice’s (DOJ) announced approach to a monitorship for Boeing. Having been so...more
Perhaps the most significant blog post in the compliance arena was penned by Matt Ellis over 10 years ago when he challenged Walmart to “Go Big” on compliance. (They did.) We are now at another inflection point in compliance...more
The Department of Justice (DOJ) is currently in a conundrum over its Deferred Prosecution Agreement (DPA) for the Boeing 737 Max crashes. Understanding the implications of the DOJ’s upcoming decision on whether to prosecute...more
Once you enter the airport, you will immediately notice signs asking if you are checking any device which may have a lithium-ion battery. The real question is, why are they asking?...more
Spirit AeroSystems, Inc. (Spirit), a subsidiary of a company that produces fuselages for Boeing’s 737 jets, has filed a lawsuit against Texas in response to the attorney general’s (AG) recently initiated investigation into...more
In discussing the role of the U.S. Supreme Court, Justice Robert Jackson famously remarked in his concurring opinion in a 1953 case that “[w]e are not final because we are infallible, but we are infallible only because we are...more
In the wake of several high profile “close calls” and increased scrutiny from Congress, acting FAA Administrator Billy Nolen has issued a safety “call to action” memorandum for the FAA. The memorandum acknowledges that we...more
Late last week, the United States District Court for the Northern District of Texas sided with the government and Boeing and refused to block the deal reached over charges of criminal conspiracy arising out of the crashes of ...more
In a September 22, 2022 decision, the U.S. District Court for the Southern District of New York held a commercial general liability policy’s war and financial services exclusions barred coverage for a suit arising out of the...more
On the top of its record of success, DOJ won two big and highly-contested cases. The first against Elizabeth Holmes and the second against Roger Ng. In perhaps one of its most significant failures, DOJ was handed a quick...more
The Department of Justice criminal prosecution of Mark Forkner, chief technical pilot at Boeing responsible for the 737 Max, ended in quick acquittal. DOJ prosecutors suffered an embarrassing loss in an attempt to hold...more
On February 16, 2022, Joby Aviation, a California-based company developing all-electric aircraft for commercial passenger service, reported that one of its prototype experimental unmanned aerial taxis crashed in flight in...more
Boeing's Board of Directors Settled a Caremark Claim Lawsuit with Shareholders for $225 Million Over the Crash of Two 737 Max Jetliners- Board members who neglect risk oversight, in turn, risk exposure to lawsuits via...more
A recent ruling by the Seventh Circuit in Seafarers Pension Plan v. Bradway addresses the issue of where shareholder derivative lawsuits may be filed when the company at issue has a forum selection clause in its bylaws. The...more
The board of directors (“Board”) of The Boeing Company (“Boeing”) agreed to a staggering $237.5 million settlement of a lawsuit brought by stockholders on behalf of Boeing alleging that the Board and certain executive...more
The crushing aftermath of the tragic 737 MAX scandal is disturbing at the least. Innocent lives were lost because of Boeing’s culture misfires, poor leadership at the management and board level, and an arrogant disregard for...more
In its decision, the Chancery Court methodically analyzed the weaknesses in Boeing’s board processes and its fundamental failure to meet basic Caremark standards in tackling airplane safety issues, particularly after the Lion...more