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Aviation Industry Airplane Accidents

Thomas Fox - Compliance Evangelist

The Boeing Saga: Compliance, Accountability, and the Path Forward

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

Thomas Fox - Compliance Evangelist

The Boeing Plea Agreement-A Major Disconnect

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

Thomas Fox - Compliance Evangelist

The Boeing Monitorship – Compliance, Accountability, and the Path Forward

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

The Volkov Law Group

Boeing’s Failure to Integrate Compliance Anti-Fraud Controls with Quality and Safety Functions (Part III of III)

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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

The Volkov Law Group

Deep Dive into Proposed Boeing Plea Agreement (Part II of III)

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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 Volkov Law Group

DOJ and Boeing Propose Criminal Plea Agreement — Boeing to Plead Guilty to Felony and Pay $243 Million Penalty (Part I of III)

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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

Thomas Fox - Compliance Evangelist

The Proposed Boeing Deal: Part 1 – The Monitorship and Meeting Victims’ Families

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

Thomas Fox - Compliance Evangelist

The Omnibus Monitor for Boeing: Representing all Stakeholders

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

Thomas Fox - Compliance Evangelist

To the DOJ: Think Big and Go Big on the Boeing Monitorship

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

Thomas Fox - Compliance Evangelist

The DOJ Boeing Conundrum

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

Troutman Pepper

Spirit AeroSystems Files Lawsuit Against Texas

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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

Fox Rothschild LLP

NTSB Petitions For Reconsideration … It’s Not Over Until It’s Over

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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

Fox Rothschild LLP

FAA: A Never-Ending Quest to Make the Safest System in the World Even Safer!

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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

The Volkov Law Group

Boeing Technical Pilot Acquitted on Criminal Charges from 737 Max Safety Scandal

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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

Gray Reed

Boeing’s Board Agrees to $237.5 Million Settlement in Litigation Alleging Failure to Oversee Airplane Safety

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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 Volkov Law Group

Boeing Settles Shareholder Litigation and Agrees to Reforms (Part IV of IV)

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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

The Volkov Law Group

Boeing’s Board Governance Failures and the 737 MAX Safety Scandal (Part III of IV)

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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

The Volkov Law Group

The Delaware Court’s Decision Highlights Boeing’s Defective Corporate Culture and Board Governance Failures (Part II of IV)

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When considered in light of the Chancery Court’s decision, DOJ’s essential findings in its Boeing investigation are problematic at best.  The Chancery Court’s decision outlines how Boeing’s culture of safety deteriorated into...more

The Volkov Law Group

A Tale of Two Boeing Boards — The Disparate Conclusions of the Justice Department and the Delaware Chancery Court (Part I of IV)

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When I reviewed again the US Department of Justice’s conclusions reached as part of the Boeing criminal investigation, and the Delaware Chancery Court’s decision denying Boeing’s motion to dismiss the shareholder derivative...more

A&O Shearman

M&A Watch: Back to the Future: ‘Mission Critical’ Board Oversight

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On September 7, 2021, a Delaware court largely denied The Boeing Company’s (“Boeing”) motion to dismiss a stockholder derivative suit against Boeing directors in connection with two crashes of Boeing’s 737 MAX airplane in...more

The Volkov Law Group

Delaware Court Rejects Motion to Dismiss Lawsuit Against Boeing Board Members for Failure to Conduct Proper Compliance Oversight...

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The Delaware Chancery Court is continuing its trend of permitting Caremark claims against corporate board members who fail to exercise proper oversight and monitoring of compliance programs.  ...more

The Volkov Law Group

The Forkner Indictment for the Tragic Boeing 737 MAX Fraud and Crashes (Part II of III)

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Mark Forkner, a former Chief Technical Pilot, was indicted  on two counts of fraud involving aircraft parts in interstate commerce and four counts of wire fraud.  If convicted, he faces a maximum penalty of 20 years in prison...more

The Volkov Law Group

Boeing Technical Pilot Indicted for Fraud in 737 MAX Scandal (Part I of III)

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The Justice Department announced the indictment of Mark Forkner, a former Chief Technical Pilot for Boeing for his role in the 737 MAX scandal.  Specifically, Forkner is charged with deceiving the FAA’s Aircraft Evaluation...more

Fox Rothschild LLP

A Letter To The NTSB . . . . .

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Dear NTSB, Thank you for proposing additional clarifications to your Form 6120.1, NTSB Pilot/Operator Aircraft Accident/Incident Report and requesting comments on the proposed changes. While I generally agree with the...more

Cranfill Sumner LLP

Ford Motor Company v. Montana Eighth Judicial District – “Specifically Dealing with Specific Jurisdiction”

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On March 25, 2021, the U.S. Supreme Court decided the Ford Motor Co. Montana Eighth Jud. Dist. Ct. Ford Motor Co. v. Bandemer cases holding that the due process test for specific jurisdiction does not depend on a strict...more

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