When your work supports national security, you need legal counsel that understands what’s at stake.
Our attorneys partner with defense and aerospace clients to help them succeed in a demanding landscape of complex technology. We represent all stakeholders in the industry, for example, civilian and defense contractors, OEMs, and parts suppliers at all levels of the supply chain. We have provided counsel to domestic and international aircraft platform and component manufacturers, naval equipment and nuclear technology providers and advanced electronics companies, including suppliers of military drones, radar and sonar and other proprietary detection systems.
Alongside our deep experience in government contracts and international trade/export controls, we bring a full spectrum of experience in other areas including intellectual property, corporate financing and M&A, cybersecurity, and legislative and regulatory advocacy that could be used to provide alternative solutions to even the most complex contractor difficulties. We provide strategic litigation counsel and represent clients in internal investigations and responses to inquiries from federal and state agencies.
Failure to comply with the myriad of complex and counter-intuitive legal regulations and requirements may cause considerable difficulties for companies operating in this industry. Our counsel allows contractors to avoid and/or minimize: (i) significant sanctions and financial penalties; (ii) administrative consequences such as suspension or debarment, contract terminations and stop-work orders; and (iii) disputes with the government and other contractors in the supply chain.
Our objective is clear. Thompson Coburn’s full range of defense and aerospace services allows companies to navigate the military and commercial terrain in a compliant and successful manner.
experience
Our clients trust us for comprehensive legal support and proactive guidance to create cradle-to-grave solutions throughout their life cycle.
- Lead counsel representing a large defense and aerospace manufacturer in the design, development, and manufacture of a new training platform for our nation’s warfighters.
- Assisted major and mid-size U.S. defense contractors in capturing hundreds of millions of dollars in government contracts, with a considerable emphasis on protecting companies’ proprietary intellectual property, including technical data, computer software, and inventions (patents).
- Negotiated manufacturing license agreements and technical assistance agreements, frequently assisted with commodity jurisdiction requests to determine whether licensing falls under the jurisdiction of the Department of State or Department of Commerce, and advised on compliance with ITAR or EAR regulations.
- Represented a provider of high-end naval equipment in navigating complex ITAR additional requirements under the Committee on Foreign Investment in the United States (CFIUS).
- Represented a pre-eminent defense radar designer and developer in multiple government procurement and M&A matters, including CFIUS review and approval.
- Represented a satellite services provider in domestic acquisition (seller), and regularly consult with defense and aerospace product suppliers on parts conformity.
- Assisted the developer of a military telecommunications technology in proposing to the State Department a plan for bifurcating further development into military and commercial versions.
- Created compliance programs for global and domestic defense and aerospace manufacturers, incorporating government procurement and export and import trade compliance requirements, including developing ethics plans, policy manuals and company procedures and training.
- Successfully represented defense contractors in fraud, waste, and abuse investigations.
- Achieved victories in multiple bid protests that allowed major civilian and defense contractors to challenge government contract awards, resulting in their ability to compete for millions of dollars in new business.
