Armstrong Teasdale provides experienced legal counsel to clients in the aerospace and defense industries on a wide range of issues, from industrial security (i.e., facility clearance issues), regulatory issues and internal investigations to government contracts, foreign investment, and mergers and acquisitions. Our attorneys, former government agents and retired industry professionals work as a team to anticipate and address issues. Team members include former military officers, government regulators, and former federal prosecutors and judges who offer experienced insight to enable clients to achieve their business objectives and mitigate risk. They represent a diverse client base, from small, venture capital-funded technology startups to some of the largest aerospace and defense companies in the world.
CFIUS, FOCI and Security Clearances
We regularly counsel clients on compliance with U.S. laws that regulate international transactions such as the Foreign Corrupt Practices Act (FCPA) and applicable international anti-corruption conventions, as well as transactions requiring review by the Committee on Foreign Investment in the United States (CFIUS). Attorneys in the firm’s Industrial Security and Security Clearance practice area have significant experience assisting Key Management Personnel (KMPs), Outside Directors (ODs) and Facility Security Officers (FSOs) of cleared facilities with existing, new or potential Foreign Ownership, Control or Influence (FOCI). We also advise foreign shareholders in the appropriate situations.
Clients regularly depend on our industrial security attorneys for counsel on the process of obtaining, maintaining and protecting facility clearances (FCLs). Well-versed in the National Industrial Security Program Operating Manual (NISPOM) and practical guidance, our attorneys and retired industry professionals work alongside Facility Security Officers (FSOs), Key Management Personnel (KMP), and Insider Threat Program Senior Officials (ITPSOs) to build, maintain and defend industrial security programs and facility clearances (FCLs). We routinely prepare facilities for successful Defense Counterintelligence and Security Agency (formerly DSS) Security Vulnerability Assessments and other Cognizant Security Agency (CSA) inspections, in line with the NISPOM and facility clearance best-practices. When problems arise, our team of attorneys, government officials and retired industry professionals investigates the issue and implements the appropriate corrective actions with the client.
Our attorneys have extensive experience securing and defending contracts with numerous federal agencies, including the Department of Defense, Department of Homeland Security and others. With a vast knowledge of the dynamic environment, we work closely with companies that are new to the government contracting space, as well as established Fortune 100 companies and nongovernmental organizations, across industries including aerospace, defense, intelligence, manufacturing, information technology and more. Our attorneys regularly go above and beyond to address complex matters and help our clients move forward, particularly when facing challenging situations such as bid protests or questions concerning technical data.
Mergers and Acquisitions
Clients in the aerospace and defense fields face unique challenges in any M&A transaction. Attorneys in Armstrong Teasdale’s M&A and International practice areas regularly provide counsel to clients in public and private cross-border transactions of all sizes. We assist with negotiating and drafting various strategic transactions, contractual joint ventures and consortiums, manufacturing and partnering agreements, license agreements, distribution and representation agreements, software development agreements, confidentiality agreements and more. Using a cross-disciplinary team approach, our attorneys are skilled at handling all aspects of the transaction and providing guidance on the regulatory aspects of the deal. We strive to identify issues at the earliest opportunity and apply lessons learned from analogous situations to enable clients to plan during the M&A process.
White-Collar Criminal Defense and Government Investigations
Businesses in the aerospace and defense industries face heightened scrutiny by regulators. Our White-Collar Criminal Defense and Government Investigations attorneys include former federal prosecutors who provide counsel to clients regarding compliance with and possible violations of U.S. laws.
Attorneys in this practice have also had significant success persuading regulators to decline pursuing charges or resolving matters before charges are filed, which helps clients avoid criminal prosecution and the damaging consequences that follow, including reputational harm. In addition, clients rely on our attorneys to conduct thorough internal investigations at the appropriate time to help them avoid potentially costly qui tam actions before a disgruntled employee becomes a whistleblower. If changes are needed, our attorneys also work with clients to conduct the appropriate training or implement other measures.
Armstrong Teasdale’s nationally recognized Intellectual Property practice has managed the IP rights of some of the largest aerospace and defense companies and manufacturers in the world for decades, as well as the needs of small tech startups and individual inventors. Regardless of a client’s size, our team is adept at guiding them in the acquisition, licensing, application, protection and enforcement of their IP rights, including patents and trademarks.
Our IP professionals have advanced degrees, including Ph.D.s, and industry experience in numerous relevant technical fields, including aerospace design, computer science, data storage systems, database management, nanomaterials, network technologies, materials science, power generating systems, space and satellite technology and more. They are skilled at preparing and prosecuting patent applications; conducting patentability, noninfringement, clearance and validity studies; performing due diligence studies related to acquisitions; and assisting in the development, management and monetization of patent portfolios. And when a client’s IP rights are threatened, our intellectual property litigation attorneys combine their extensive legal experience with their technical knowledge to defend client interests.