Our expertise

Aerospace, Defense & Government Services

Global legal and policy perspectives solving the unique challenges facing businesses in this critical industry sector.

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Our Aerospace, Defence & Government Services (ADGS) Practice Group provides legal and policy support to businesses in this critical industry sector across a wide range of local, regional and international markets. Our strong local and regional positions in North America, Europe, Asia Pacific, the Middle East and Latin America, together with deep-rooted connections on the ground, mean we can bring you pertinent insights, no matter what the region or city.

We focus on issues that regularly impact the ADGS industry – from compliance with government contracts and export regulations, to management of government audits and investigations, as well as the negotiation of supply chain agreements and guidance on mergers and acquisitions.

We advise major global corporations, as well as middle-market companies involved in manufacturing and supporting civilian aircraft; producing air, ground and sea-based weapon systems and subsystems; developing and integrating information and other high technologies, as well as performing other professional services for military and civilian government agencies and departments. We represent various aerospace and defence companies with commercial and government sales, including:

  • Platform companies

  • Subsystem and component manufacturers

  • Parts and material vendors

  • Professional service providers

We regularly collaborate across practices including corporate, regulatory, government contracts, public policy, intellectual property, white-collar defence and litigation, among others.

Supporting your business at every turn

We bring the right mix of aerospace and defence industry experience and crossborder business knowledge to support your organisation everywhere it needs to be. We understand the unique challenges of operating in the ADGS industry’s global market. Our team is embedded in the markets that matter most, combining industry knowledge with global perspective, to help you convert those challenges into opportunities and create competitive advantage.

Aerospace Support

Sales, market access and compliance – Including public procurement and government contracts; access to markets and exports controls and global trade.

Operations – Including Intellectual property; IT services; real estate/property; executive and employee retention and cost controls.

Teams, deals and growth – Including M&A, corporate, transactions and transaction review and clearance, including the Committee on Foreign Investment in the United States (CFIUS) and other foreign investment national security clearance, government contracting notices, foreign ownership, control and influence (FOCI) mitigation, as well as antitrust/competition clearance.

Our industry capabilities

Access to US government marketplace

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.

Access to emerging markets

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 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.

Regulatory compliance

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 government procurement, ITAR/export controls, anticorruption, competition, data privacy and customs. 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).

Sale, distribution and supply chain agreements

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.

Defense and national security policy

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. We represent clients engaged in all aspects of defence and national security policy for US and foreign commercial clients, as well as foreign governments in their dealings in the US with the White House, US Department of Defense and US Department of State, as well as the US Congress. We have helped clients shape acquisition laws and policies that have opened markets and created new opportunities for them to compete for major defence programs.

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.

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