Aerospace, Defense and Government Contracting

Skadden regularly advises manufacturers, defense contractors, airlines and related service providers in the aerospace, defense and government services industry on matters involving the aerospace, defense and government contracting industries, as well as in related regulatory considerations, sensitive technologies and national security issues. Our capabilities are backed by years of experience — both inside the federal government and in the private sector — navigating complex federal requirements in critical business sectors.

Skadden offers wide-ranging experience regarding all aspects of doing business with the defense, intelligence and homeland security communities. Many of our lawyers have served in government and understand the aerospace and defense sector from both sides of a transaction, contract or dispute. In addition, we have experience leading business development, transactions and operational elements within the defense and government services industry, allowing us to align our legal expertise with real-world government contracting business imperatives. We routinely combine our experience with government contracting, classified programs and other sensitive matters with Skadden attorneys focused on investigations, litigation, regularly matters and transactions to provide a holistic approach to companies’ unique sensitivities in the sector. And our global footprint allows us to, where applicable, ensure that a client’s global partnerships are addressed effectively.

Our insight encompasses all elements of government contracting, the National Industrial Security Program Operating Manual (NISPOM) and working with the Defense Security and Counterintelligence Agency (DCSA, formerly the Defense Security Service). We also frequently assist non-U.S. companies in navigating mitigation of Foreign Influence, Ownership, or Control (FOCI) with DCSA and its intersection with the Committee on Foreign Investment in the United States (CFIUS), and export control issues under both Export Administration Regulations and International Traffic in Arms Regulations. We work hand-in-hand with our corporate partners to efficiently establish the right corporate structure, taking into account cross-border tax considerations and other intricacies involved in this highly regulated sector.

Our robust understanding of agency decision-making helps clients design strategies to achieve their specific objectives. We also provide strategic regulatory, legislative and transactional advice to companies supplying products and services to government customers and to clients whose commercial operations or strategic development are affected by changing security requirements and policies. We routinely work with a wide range of market advisers to ensure that legal requirements are well aligned with business priorities. We provide a deep understanding of the arrangements necessary to resolve U.S. government security concerns presented by cross-border transactions, if relevant, while preserving the greatest operational efficiencies for our clients.