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In the United States District Court for the Northern District of Illinois Eastern Division
Case: 1:19-cv-02394 Document #: 164 Filed: 06/30/20 Page 1 of 60 PageID #:3236 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) ) IN RE THE BOEING COMPANY ) Case No. 19-cv-2394 AIRCRAFT SECURITIES LITIGATION ) ) Hon. John J. Tharp, Jr. ) ) MEMORANDUM IN SUPPORT OF MOTION TO DISMISS John F. Hartmann, P.C. Joshua Z. Rabinovitz KIRKLAND & ELLIS LLP 300 N. LaSalle Chicago, IL 60654 (312) 862-2000 Craig S. Primis Matt Owen KIRKLAND & ELLIS LLP 1301 Pennsylvania Ave., N.W. Washington D.C. 20004 Counsel for Defendants Dated: June 30, 2020 Case: 1:19-cv-02394 Document #: 164 Filed: 06/30/20 Page 2 of 60 PageID #:3237 Table Of Contents Preliminary Statement ..................................................................................................................... 1 Facts Alleged In The Complaint And Subject To Judicial Notice .................................................. 4 Argument ........................................................................................................................................ 7 I. Plaintiffs Do Not Plead With Particularity A False Or Misleading Statement. .................. 8 A. Plaintiffs Do Not Plead With Particularity That Defendants’ Statements About The Design Of The 737 MAX Were False Or Misleading. ....................... 11 B. Plaintiffs Do Not Plead With Particularity That Defendants’ Statements About The Safety Of The 737 MAX Were False Or Misleading. ........................ 13 C. Plaintiffs Do Not Plead With Particularity That Defendants’ -
___, on Behalf of Himself and All Others Similarly
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION _________, on behalf of himself and all ) others similarly situated, ) ) No. ____________ Plaintiff ) ) v. ) ) JURY TRIAL DEMANDED THE BOEING COMPANY, DENNIS A. ) MUILENBURG, GREGORY D. SMITH, ) and KEVIN McALLISTER, ) ) Defendants ) ) ) CLASS ACTION COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS “The [ ] pilots should have been informed.”1 Jon Weaks (President of Southwest Airlines Pilots Association) I. NATURE OF THE ACTION 1. This is a putative class action for violations of the federal securities laws. Plaintiff ______ (“Plaintiff”), by and through his undersigned counsel, brings this action pursuant to the Securities Exchange Act of 1934 (the “Exchange Act”). Plaintiff’s claims are brought on behalf of all persons who purchased or otherwise acquired the publicly-traded securities of The Boeing Company (“Boeing” or the “Company”) between January 8, 2019 and May 8, 2019, inclusive (the “Class Period”), and were damaged by the conduct asserted herein (the “Class”). 2. Defendants are: (i) Boeing; (ii) Boeing Chairman, Chief Executive Officer (“CEO”) and President Dennis A. Muilenburg; (iii) Boeing Chief Financial Officer (“CFO”) and Executive Vice President of Enterprise Performance and Strategy Gregory D. Smith; and (iv) Boeing Commercial Airplanes President and CEO Kevin McAllister (collectively, “Defendants”). As alleged throughout herein, throughout the Class Period, Defendants violated Sections 10(b) and 20(a) of the Exchange Act (“Exchange Act”) and Securities and Exchange Commission (“SEC”) Rule 10b-5(b) promulgated thereunder. 3. Plaintiff’s allegations are based upon counsel’s investigation except as to the allegations specifically pertaining to Plaintiff, which are based upon his personal knowledge. -
2016 Environmental Report
Build Something Cleaner The Boeing Company 2016 Environment Report OUR APPROACH DESIGN AND DEVELOPMENT MANUFACTURING AND OPERATIONS IN SERVICE END OF SERVICE APPENDIX About The Boeing Company Total revenue in For five straight Currently holds 2015: $96.1 billion years, has been 15,600 active named a top global patents around Employs 160,000 innovator among the world people across the aerospace and United States and in defense companies Has customers in more than 65 other 150 countries countries Established 11 research and For more than a 21,500 suppliers development centers, decade, has been and partners 17 consortia and the No.1 exporter around the world 72 joint global in the United States research centers OUR APPROACH DESIGN AND DEVELOPMENT MANUFACTURING AND OPERATIONS IN SERVICE END OF SERVICE APPENDIX At Boeing, we aspire to be the strongest, best and best-integrated aerospace-based company in the world— and a global industrial champion—for today and tomorrow. CONTENTS Our Approach 2 Design and Development 18 Manufacturing and Operations 28 In Service 38 End of Service 46 Jonathon Jorgenson, left, and Cesar Viray adjust drilling equipment on the 737 MAX robotic cell pulse line at Boeing’s fab- rication plant in Auburn, Washington. Automated production is helping improve the efficiency of aircraft manufacturing. (Boeing photo) 1 OUR APPROACH DESIGN AND DEVELOPMENT MANUFACTURING AND OPERATIONS IN SERVICE END OF SERVICE APPENDIX As Boeing celebrates Our Approach its first century, we are looking forward to the innovations of the next 100 years. We are working to be the most environmentally progressive aero- space company and an enduring global industrial champion. -
Aviation Week & Space Technology
STARTS AFTER PAGE 34 Using AI To Boost How Emirates Is Extending ATM Efficiency Maintenance Intervals ™ $14.95 JANUARY 13-26, 2020 2020 THE YEAR OF SUSTAINABILITY RICH MEDIA EXCLUSIVE Digital Edition Copyright Notice The content contained in this digital edition (“Digital Material”), as well as its selection and arrangement, is owned by Informa. and its affiliated companies, licensors, and suppliers, and is protected by their respective copyright, trademark and other proprietary rights. Upon payment of the subscription price, if applicable, you are hereby authorized to view, download, copy, and print Digital Material solely for your own personal, non-commercial use, provided that by doing any of the foregoing, you acknowledge that (i) you do not and will not acquire any ownership rights of any kind in the Digital Material or any portion thereof, (ii) you must preserve all copyright and other proprietary notices included in any downloaded Digital Material, and (iii) you must comply in all respects with the use restrictions set forth below and in the Informa Privacy Policy and the Informa Terms of Use (the “Use Restrictions”), each of which is hereby incorporated by reference. Any use not in accordance with, and any failure to comply fully with, the Use Restrictions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum possible extent. You may not modify, publish, license, transmit (including by way of email, facsimile or other electronic means), transfer, sell, reproduce (including by copying or posting on any network computer), create derivative works from, display, store, or in any way exploit, broadcast, disseminate or distribute, in any format or media of any kind, any of the Digital Material, in whole or in part, without the express prior written consent of Informa. -
May 2016 | Volume 15, Issue 01 | Boeing.Com/Frontiers
MAY 2016 | VOLUME 15, ISSUE 01 | BOEING.COM/FRONTIERS Solar revolution Spectrolab employees are powering the future— with sunshine MAY 2016 | 01 TABLE OF CONTENTS 12 06 Leadership Message 08 Snapshot 09 Quotables 10 Historical Perspective PHOTO: BOB FERGUSON | BOEING 12 Sweating the metal Go behind the scenes of the ongoing 737 MAX flight-test program, where the aircraft are pushed to the limit, and then some. 18 18 Desert bloom In the high desert of New Mexico, at Boeing’s site in Albuquerque, scientists and engineers are continually looking for ways to enhance modern civilization and military technologies. And at the nearby Starfire Optical Range, Boeing and the U.S. Air Force are jointly experimenting with lasers to better monitor man-made objects in orbit, much of it space debris. 28 Solar explorer A wholly owned Boeing subsidiary, Spectrolab has provided electric power to more than 600 satellites and delivered more than 4 million PHOTO: BOB FERGUSON | BOEING solar cells for communications, science and defense needs. It also provides 80 percent of the helicopter-mounted searchlights used 38 by U.S. law enforcement. 34 Great and small The Boeing AH-6 Little Bird, a light attack and reconnaissance helicopter, packs a lot of capability for its size. It is made at the Boeing site in Mesa, Ariz., alongside the bigger Apache. 38 Irish eyes are smiling Ryanair recently took delivery of its 400th 737-800, and a writer and photographer from Frontiers were on board for the flight to Ireland. 44 Strike dynasty Boeing’s new Harpoon Block II Plus is a network-enabled variant that can receive and transmit communications while in flight, allowing it to change course to strike a different target, even a moving target. -
1 in the United States District Court for the Northern
Case: 1:19-cv-03751 Document #: 1 Filed: 06/05/19 Page 1 of 51 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) SYLVIE LAMARCHE LACROIX, ) Individually and as Estate Trustee of the Estate of ) No. STÉPHANIE LACROIX, Deceased, ) ) Plaintiff, ) ) v. ) PLAINTIFF’S COMPLAINT ) AND JURY TRIAL DEMAND THE BOEING COMPANY, and ) ROSEMOUNT AEROSPACE, INC., ) ) Defendants. ) ) COMPLAINT Plaintiff, SYLVIE LAMARCHE LACROIX, Individually and as Estate Trustee of the Estate of STÉPHANIE LACROIX, Deceased, by her attorneys, brings this action for damages on behalf of herself and on behalf of STÉPHANIE LACROIX, her estate, heirs, survivors, next of kin and wrongful beneficiaries against Defendants THE BOEING COMPANY (“BOEING”) and ROSEMOUNT AEROSPACE, INC. (“ROSEMOUNT”) as follows: I. INTRODUCTION 1. This action arises from the horrific crash of Ethiopian Airlines Flight 302 (“Flight 302”) on March 10, 2019 in which all 157 people on board lost their lives. The aircraft involved in Flight 302 was a BOEING 737 MAX 8. This crash came less than five months after Lion Air Flight JT 610—another BOEING 737 MAX 8—crashed into the Java Sea on October 29, 2018, killing all 189 onboard, due to the same or similar causes. 2. Investigation into both crashes is ongoing, but the similarities in the aircraft and the 1 Case: 1:19-cv-03751 Document #: 1 Filed: 06/05/19 Page 2 of 51 PageID #:2 investigative findings for the crashes thus far point to a common cause. Shortly after taking off and while attempting to climb, pilots for both aircraft reported flight control issues as the planes pitched up and down erratically throughout the sky. -
Aerospace, Defense, and Government Services Mergers & Acquisitions
Aerospace, Defense, and Government Services Mergers & Acquisitions (January 1993 - April 2020) Huntington BAE Spirit Booz Allen L3Harris Precision Rolls- Airbus Boeing CACI Perspecta General Dynamics GE Honeywell Leidos SAIC Leonardo Technologies Lockheed Martin Ingalls Northrop Grumman Castparts Safran Textron Thales Raytheon Technologies Systems Aerosystems Hamilton Industries Royce Airborne tactical DHPC Technologies L3Harris airport Kopter Group PFW Aerospace to Aviolinx Raytheon Unisys Federal Airport security Hydroid radio business to Hutchinson airborne tactical security businesses Vector Launch Otis & Carrier businesses BAE Systems Dynetics businesses to Leidos Controls & Data Premiair Aviation radios business Fiber Materials Maintenance to Shareholders Linndustries Services to Valsef United Raytheon MTM Robotics Next Century Leidos Health to Distributed Energy GERAC test lab and Technologies Inventory Locator Service to Shielding Specialities Jet Aviation Vienna PK AirFinance to ettain group Night Vision business Solutions business to TRC Base2 Solutions engineering to Sopemea 2 Alestis Aerospace to CAMP Systems International Hamble aerostructure to Elbit Systems Stormscope product eAircraft to Belcan 2 GDI Simulation to MBDA Deep3 Software Apollo and Athene Collins Psibernetix ElectroMechanical Aciturri Aeronautica business to Aernnova IMX Medical line to TransDigm J&L Fiber Services to 0 Knight Point Aerospace TruTrak Flight Systems ElectroMechanical Systems to Safran 0 Pristmatic Solutions Next Generation 911 to Management -
In the Court of Chancery of the State of Delaware
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE THOMAS P. DiNAPOLI, COMPTROLLER OF THE STATE OF NEW YORK, AS ADMINISTRATIVE PUBLIC VERSION HEAD OF THE NEW YORK STATE FILED ON: June 30, 2020 AND LOCAL RETIREMENT SYSTEM, AND AS TRUSTEE FOR THE NEW YORK STATE COMMON RETIREMENT FUND, and FIRE AND POLICE PENSION ASSOCIATION OF COLORADO, Plaintiffs, v. C.A. No. 2020-0465-AGB KENNETH M. DUBERSTEIN, MIKE S. ZAFIROVSKI, ARTHUR D. COLLINS JR., EDWARD M. LIDDY, ADMIRAL EDMUND P. GIAMBASTIANI JR., DAVID L. CALHOUN, SUSAN C. SCHWAB, RONALD A. WILLIAMS, LAWRENCE W. KELLNER, LYNN J. GOOD, ROBERT A. BRADWAY, RANDALL L. STEPHENSON, CAROLINE B. KENNEDY, W. JAMES MCNERNEY JR., DENNIS A. MUILENBURG, KEVIN G. MCALLISTER, RAYMOND L. CONNER, GREG SMITH, J. MICHAEL LUTTIG, GREG HYSLOP, and DIANA L. SANDS, Defendants. and THE BOEING COMPANY, Nominal Defendant. VERIFIED STOCKHOLDER DERIVATIVE COMPLAINT {FG-W0467081.} Plaintiffs Thomas P. DiNapoli, Comptroller of the State of New York, as Administrative Head of the New York State and Local Retirement System, and as Trustee of the New York State Common Retirement Fund, and Fire and Police Pension Association of Colorado, stockholders of The Boeing Company (“Boeing,” the “Company,” or “Nominal Defendant”), bring this action on Boeing’s behalf against the current and former officers and directors identified below (collectively, “Defendants”) arising from their failure to monitor the safety of Boeing’s 737 MAX airplanes. The allegations in this Complaint are based on the knowledge of Plaintiffs as to themselves, and on information and belief, including the review of publicly available information and documents obtained under 8 Del. -
Boeing Environment Report 2017
THE BOEING COMPANY 2017 ENVIRONMENT REPORT BUILD SOMETHING CLEANER 1 ABOUT US Boeing begins its second century of business with a firm commitment to lead the aerospace industry into an environmentally progressive and sustainable future. Our centennial in 2016 marked 100 years of Meeting climate change and other challenges innovation in products and services that helped head-on requires a global approach. Boeing transform aviation and the world. The same works closely with government agencies, dedication is bringing ongoing innovation in more customers, stakeholders and research facilities efficient, cleaner products and operations for worldwide to develop solutions that help protect our employees, customers and communities the environment. around the globe. Our commitment to a cleaner, more sustainable Our strategy and actions reflect goals and future drives action at every level of the company. priorities that address the most critical environ- Every day, thousands of Boeing employees lead mental challenges facing our company, activities and projects that advance progress in customers and industry. Innovations that reducing emissions and conserving water and improve efficiency across our product lines resources. and throughout our operations drive reductions This report outlines the progress Boeing made in emissions and mitigate impacts on climate and challenges we encountered in 2016 toward change. our environmental goals and strategy. We’re reducing waste and water use in our In the face of rapidly changing business and facilities, even as we see our business growing. environmental landscapes, Boeing will pursue In addition, we’re finding alternatives to the innovation and leadership that will build a chemicals and hazardous materials in our brighter, more sustainable future for our products and operations, and we’re leading the employees, customers, communities and global development of sustainable aviation fuels. -
SURVEILLE NSA Paper Based on D2.8 Clean JA V5
FP7 – SEC- 2011-284725 SURVEILLE Surveillance: Ethical issues, legal limitations, and efficiency Collaborative Project This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no. 284725 SURVEILLE Paper on Mass Surveillance by the National Security Agency (NSA) of the United States of America Extract from SURVEILLE Deliverable D2.8: Update of D2.7 on the basis of input of other partners. Assessment of surveillance technologies and techniques applied in a terrorism prevention scenario. Due date of deliverable: 31.07.2014 Actual submission date: 29.05.2014 Start date of project: 1.2.2012 Duration: 39 months SURVEILLE WorK PacKage number and lead: WP02 Prof. Tom Sorell Author: Michelle Cayford (TU Delft) SURVEILLE: Project co-funded by the European Commission within the Seventh Framework Programme Dissemination Level PU Public X PP Restricted to other programme participants (including the Commission Services) RE Restricted to a group specified by the consortium (including the Commission Services) CO Confidential, only for members of the consortium (including the Commission Services) Commission Services) Executive summary • SURVEILLE deliverable D2.8 continues the approach pioneered in SURVEILLE deliverable D2.6 for combining technical, legal and ethical assessments for the use of surveillance technology in realistic serious crime scenarios. The new scenario considered is terrorism prevention by means of Internet monitoring, emulating what is known about signals intelligence agencies’ methods of electronic mass surveillance. The technologies featured and assessed are: the use of a cable splitter off a fiber optic backbone; the use of ‘Phantom Viewer’ software; the use of social networking analysis and the use of ‘Finspy’ equipment installed on targeted computers. -
Boeing Et L'industrie Française
Boeing France Boeing et l’industrie française L’innovation se nourrit d’une passion commune Boeing et l’industrie française L’innovation se nourrit d’une passion commune Boeing en France Le groupe Boeing 05 Boeing et la France, un partenariat fructueux 14 Premier groupe aéronautique mondial 06 L’élite de l’industrie française au service 15 80 ans de leadership dans l’aviation civile de l’excellence Boeing 16 Le 777, le long-courrier préféré du marché 07 14 fournisseurs ont rejoint la « Boeing French Team » 17 Le 747-8, le nouveau géant des airs depuis 2005 18 Une offre de services complète 08 L’industrie française à bord du 787 Dreamliner 19 Le 787 Dreamliner, l’avion de rêve 09 Nos partenaires témoignent 20 L’innovation et l’expertise au service de la défense 10 Boeing et Air France, des liens pérennes et de l’espace 11 Boeing et les compagnies françaises 22 Imaginer l’aéronautique de demain 12 Boeing, fournisseur de l’armée française 24 Une démarche de pionnier pour l’environnement 13 L’engagement auprès des Restos du Cœur 26 Un peu d’histoire Boeing France 03 Décrocher la lune Depuis près de cent ans, Boeing s’emploie à relever tous les défis. Des premiers avions de ligne à la conquête de la lune, ses réalisations, placées sous le signe de l’audace et de l’innovation, se sont traduites par de nombreux exploits technologiques et commerciaux. Mais rien n’est Boeing a prendre une décision unique avec la création jamais acquis, et chaque jour est à réinventer. -
Human Rights and Technology Sales: How Corporations Can Avoid Assisting Repressive Regimes
Human Rights and Technology Sales: How Corporations Can Avoid Assisting Repressive Regimes By Cindy Cohn, Trevor Timm, & Jillian C. York April 2012 Background For years, there has been ample evidence that authoritarian governments around the world are relying on technology produced by American, Canadian, and European companies to facilitate human rights abuses, and the current indication is that the trend is growing. From software that enables the filtering and blocking of online content to tools that help governments spy on their citizens, many such companies are actively serving autocratic governments as “repression’s little helper.” The reach of these technologies is astonishingly broad: governments can listen in on cell phone calls,1 use voice recognition to scan mobile networks, use facial recognition to scan photographs online and offline, read emails and text messages, track a citizen’s every movement using GPS, and can even change email contents while en route to a recipient.2 Some tools are installed using the same type of malicious malware and spyware used by online criminals to steal credit card and banking information.3 They can secretly turn on webcams built into personal laptops and microphones in cell phones not being used.4 Other tools and services allow for governments to block entire categories of websites, preventing citizens from accessing vital information. And these tools are being implemented on such a massive scale in some places that they can be used to track and spy on every person in an entire country. This is a phenomenon that spans the globe and implicates dozens of corporations.