Aerospace, Defense & Government Services

One way to access and expand in the US market is through mergers and acquisitions. We help clients understand and comply with the various, and often confusing, regulatory requirements imposed by the US government on its contractors and subcontractors. Our lawyers share their insights and experience in due diligence investigations, contract novations, small business issues, and terms and conditions that are unique to these transactions.

We also help non-US companies navigate the additional legal issues involved in acquisitions of companies in the US defense industrial base, including clearing reviews by the Committee on Foreign Investment in the United States (CFIUS) and advising on International Traffic in Arms Regulation (ITAR) notices and approvals.

You can rely on our proven expertise and strong representation on the ground in emerging markets. Our global reach ensures that we have lawyers who are fluent in local languages and customs, experienced in local regulations and ready to support your expansion in areas such as China and the Middle East.

Experience

• Leading US manufacturer – Counseling in a US$1.8 billion joint venture with a state-owned enterprise in China to develop airplane fuel and hydraulic systems for China’s first commercial jumbo jet.

• One of Europe’s leading aircraft systems manufacturers – Advising on contracts, customs and tax issues arising in connection with supplying components to the manufacturer of the C919 aircraft in China.

• Negotiating and drafting contracts and obtaining US Department of State approvals for a US company maintaining F-15, C-130 and other military platforms in the Middle East.

Our legal team is armed with the knowledge and experience to help you navigate the complex landscape of compliance. We have the compliance program tools and training material to implement global compliance programs in export controls, anticorruption, competition, data privacy, customs and government procurement. With industry-relevant expertise, we understand the key issues that you need to know about.

Experience

• Multinational aerospace company – Acting as export controls ombudsman, including resolving day-to-day licensing and compliance matters, drafting compliance procedures and providing training.

• Performing a trade compliance risk assessment and internal investigation of a defense contractor in the areas of export controls, economic sanctions and Foreign Corrupt Practices Act (FCPA) compliance, and voluntary disclosures to regulators.

• Manufacturer of parts for military aircraft – Defending against a qui tam case filed by a disgruntled employee under the False Claims Act (FCA).

We offer substantial experience negotiating commercial sales, distribution, and supply chain agreements. We can also guide you through government procurements, including providing advice on subcontracts, teaming agreements, and joint ventures. Our innovative lawyers are well respected by our high-profile and diverse client base.

Experience

• Aircraft manufacturers – Representing in connection with sales contracts with major carriers and establishing model sales agreements.

• Leading global supplier of systems and services – Advising on its government contracts, including the development of standardized supply contracts.

Our extensive knowledge of policy and political issues helps our clients map out not only a legal strategy, but also a complementary public policy advocacy plan aimed at key executive and legislative branch influencers. Members of our group, including former US senators who served on Armed Services and Appropriations committees and senior defense officials, advise US and foreign companies on the full range of challenges they face when doing business with the US government, in particular the Department of Defense.

Experience

• Various clients – Successfully arguing to have barriers to entry removed, to expand the competitive range of a procurement, and to ensure that legislative provisions did not adversely affect their business models.

• Various clients – Representing in congressional investigations on acquisition and procurement issues.

• Contractors – Representing in bid proposals, contract awards and protests, government contract formation and execution, post-award audits, requests for equitable adjustments and termination actions.