News & Analysis as of

Transportation Security Administration

What’s New in Washington: 10 Things You Need to Know

As the Trump presidency completes its first 10 weeks, the administration is celebrating big wins on the regulatory reform front while nursing some wounds from a major defeat on efforts to repeal and replace the Affordable...more

Suing The United States Government For Patent Infringement And Defending Against A Claim Of Obviousness

A patentee may bring patent infringement claims against the United States government pursuant to 28 U.S.C. § 1498, in which Congress waived the sovereign immunity of the United States against such claims. Patent infringement...more

Court Decision Carves Out Broad Right to Injunctive Relief for Protesters of GSA Lease Awards

by Holland & Knight LLP on

In 2014, the U.S. General Services Administration (GSA) sought to consolidate the Transportation Security Administration's (TSA) multiple Northern Virginia offices into one campus. As this process would require a lease award...more

An Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, Customs and Other Federal Agencies

by Cozen O'Connor on

Department of Transportation - - Regulatory ..DOT Extends Comment Period on Passenger Protection Rulemaking: DOT published a notice on August 6 extending the comment period for its Transparency of Airline...more

Joint U.S./UK Warning on International Travel: Uncharged Electronic Devices/Gadgets Banned from Flights

by Faegre Baker Daniels on

On Wednesday, July 2, 2014, Secretary of U.S. Department of Homeland Security Jeh Johnson directed the Transportation Security Administration (TSA) to implement enhanced security measures at selected but undisclosed gateway...more

Air Marshal Whistleblower v. TSA: Supreme Court to Blow Final Whistle

by BakerHostetler on

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation Security Administration (“TSA”) terminated former air marshal-turned...more

Act Now Advisory: As Defendant, Obama Administration Takes Narrower View of Whistleblower Protections Than as Enforcer - Will This...

by Epstein Becker & Green on

Employers attempting to manage corporate compliance programs while balancing privacy concerns and whistleblower protections might find a certain irony, perhaps empathy, in the Obama administration's recent petition for U.S....more

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

by Smith Anderson on

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

by Holland & Knight LLP on

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...

by Morrison & Foerster LLP on

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

U.S. Supreme Court Adds "Relevant Reader or Listener" to "Material Falsity" Defamation Analysis

by Holland & Knight LLP on

In its decision in Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that "the relevant reader or listener" must be considered in assessing the falsity element in defamation lawsuits. The Air Wisconsin...more

U.S. Supreme Court Grants Certiorari on Significant Aviation Issues

by Holland & Knight LLP on

This spring, the U.S. Supreme Court granted certiorari to review two decisions that significantly affect the aviation industry, namely airline immunity under the Aviation and Transportation Security Act (ATSA) and preemption...more

ATSA Immunity: Supreme Court Grants Cert to Decide Bounds for Applying Immunity Under the Aviation Transportation Security Act

by Morrison & Foerster LLP on

The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the...more

Court of Federal Claims Upholds 40% Small Business Subcontracting Goal

by Holland & Knight LLP on

In a recent decision, the U.S. Court of Federal Claims denied a pre-award protest challenging a solicitation's small business subcontracting goal of 40% of the total contract value, holding that this goal was within the high...more

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Cybersecurity

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