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AerospAce, Defense AnD Government services
Our team includes thought leaders on:
• Complying with the International Traffic in Arms Regulations (ITAR) and other export controls regimes
• Global antibribery compliance
• Data privacy compliance
• Government contracts/public procurement
• Clearing the Committee on Foreign Investment in the United States (CFIUS) review
our Aerospace & Defense practice Group represents contractors at all tiers in aerospace, defense, homeland security, intelligence and government services. our clients include more than one third of the top 100 contractors, as well as many smaller and lower tiered contractors. We understand the challenges of operating in this industry’s global market and can offer you our resources, sponsored events and industry knowledge to convert your challenges into opportunities – giving your business a competitive advantage.
We deliver aerospace and defense industry expertise, knowledge of government procurements, sales, distribution, supply chain and teaming arrangements and challenges, thought leadership on regulatory issues and compliance and a strong presence where you do business.
Industry Experience – Aerospace, Defense and Government Service Contractors
Squire Sanders represents all tiers of contractors – from final platform companies to subsystems, assembly, components, parts and material manufacturers supporting the aerospace industry. We represent government prime and subcontractors throughout NATO countries and major non- NATO allies. In addition, we offer a full range of legal support for professional service providers to governments.
Our experience includes:
• Performing complicated risk assessment and tailored due diligence that addresses the regulatory challenges facing the aerospace and defense industry and government contractors.
• Helping aerospace, defense and government services companies expand their business through mergers and acquisitions.
• Obtaining government approvals for acquisitions of aerospace and defense contractors.
• Advising companies on strategic teaming, joint development and joint venture agreements.
• Advising companies on the sale and purchase of sophisticated hardware, software, technology and services.
• Advising companies on government procurements, subcontracts and offset arrangements.
• Obtaining approvals for exports of military and other sensitive goods, technologies and services.
• Negotiating distributorships, loan and leasing of equipment, sales and lease-backs.
• Negotiating supply chain agreements and vendor certifications and providing related compliance programs.
• Reviewing agency and consultancy arrangements and advising on antibribery and other regulatory compliance matters.
• Representing companies providing overhaul and maintenance of commercial aircraft and engines.
• Representing aerospace, defense and government services clients in intellectual property and commercial disputes.
• Representing companies performing government services in areas of cyber-security, intelligence, asset security, IT and consulting.
• Advising aerospace, defense and government services companies on employment, tax, IP, real estate and general commercial matters.
• Developing, implementing and training on global compliance programs covering the various regulatory requirements that aerospace, defense and government services companies must address.
George N. Grammas Partner, US T +1 202 626 6234 E george.grammas@ squiresanders.com
Christian Lowis Partner, UK T +44 121 222 3369 E christian.lowis@ squiresanders.com
Karen R. Harbaugh Principal, US T +1 703 720 7885 E karen.harbaugh@ squiresanders.com
Access to US Aerospace, Defense, Government Services, Security and Intelligence Market
We can help non-US companies navigate the unique legal issues involved in access to the US industrial base including CFIUS and DSS clearances of acquisitions of US government contractors and critical infrastructure industries, ITAR notices and approvals, government contract novations, and due diligence and terms and conditions that are unique to these transactions.
• Non-US purchase of aircraft overhaul and maintenance business.
• Non-US purchase of embedded computer manufacture for military applications.
• Access to ITAR-controlled technical data needed to submit proposals for military vehicle components.
Access to Emerging Markets
In addition to our offices in the major aerospace and defense locations, we have a proven expertise and strong representation in emerging markets. Our global reach ensures that we have lawyers – fluent in local languages and customs, and experienced in local regulations – based in areas, such as China and the Middle East, to assist clients looking to navigate or expand into these emerging markets.
• Counsel to a leading US manufacturer 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.
• Counsel to one of Europe’s leading aircraft systems manufacturers on contracts, customs and tax issues arising in connection with supplying components to the manufacturer of the C919 aircraft in China.
• US company maintenance of F-15, C-130 and other military platforms in the Middle East including negotiating and drafting contracts and obtaining US State Department approvals.
Our legal team has the compliance program tools and training materials to implement global compliance programs in export controls, anticorruption, competition, data privacy, customs and government procurement. With industry-relevant expertise in this field, we understand the industry’s key issues for success and can help you navigate the complex areas surrounding compliance.
• Export controls ombudsman for multinational aerospace company including resolving day-to-day licensing and compliance matters, drafting compliance procedures and providing training.
• Trade compliance risk assessment of a defense contractor, followed by internal investigations in the areas of export controls, economic sanctions and FCPA compliance, and voluntary disclosures to regulators.
• In response to the requirement that all US government contractors performing contracts that exceed US$5 million adopt a code of business ethics and conduct and implement a business ethics awareness and compliance program, Squire Sanders developed a model code and program to assist clients in satisfying this requirement.
Sale, Distribution and Supply Chain Contracts
Squire Sanders has substantial experience in advising clients in government procurements as well as negotiating commercial sales, distribution and supply chain agreements. Our innovative team who operate in this pioneering legal sector are well respected by our high-profile and diverse client base.
• Representing aircraft manufacturers in connection with sales contracts with major carriers and establishing model sales agreements.
• Advising a leading global supplier of systems and services in its government contracts including the development of standardized supply contracts.