Aerospace & Defense Law
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Overview
Maalouf Ashford’s Defense Industry group represents national and international defense industry contractors, subcontractors, and suppliers in multiple aspects of their businesses. Our experienced cross-disciplinary team addresses specific client needs and handles various transactional, regulatory, and litigation matters in the defense space.
Maalouf Ashford represents U.S.-based companies and non-U.S. suppliers, which have direct contracts with the government, as well as those serving as secondary suppliers in the supply chain. We offer specific knowledge in addressing challenges faced by non-U.S. based companies seeking to acquire businesses or provide services to the U.S. government.
We advise defense-industry clients on a variety of issues, including: (1) government contracting and procurement matters; (2) International Traffic in Arms Regulations (ITAR) and Export Administration Regulation matters; (3) registrations with the U.S. Department of Defense; (4) enforcement actions; (5) creation of federal contractor and export compliance programs and compliance assessments; (6) supply chain management and subcontracting; (7) mergers and acquisitions; (8) creation, licensing, and protection of intellectual property in the defense industry; and (9) antitrust matters and environmental matters. We also counsel clients with respect to local and state government investment incentives and tax savings.
Export Licensing and Controls
Members of the Group assist clients with trade regulation matters before the U.S. Trade Representative, and the Departments of State, Commerce, Treasury, Homeland Security, and Defense. This representation includes counsel and advice on necessary appropriate governmental reviews and approvals and compliance with U.S. export and import laws, including the Arms Export Control Act, the International Traffic in Arms Regulations (ITAR), the Export Administration Act of 1979, the Export Administration Regulations (EAR), and other matters under the jurisdiction of the U.S. State Department's Directorate of Defense Trade Controls (DDTC), the Department of Commerce's Bureau of Industry & Security (BIS), and the Department of Defense's Defense Technology Security Administration (DTSA). We also counsel clients on country-specific trade sanctions/trade embargo regulations, and provisions of the Foreign Corrupt Practices Act and the Foreign Agents Registration Act. Members of the group have worked closely with clients to implement corporate compliance programs covering the transportation of goods, services, or technology to or from the United States.
In the area of trade sanctions, lawyers in the Group are regularly called upon by clients to provide advice on U.S. embargoes of countries such as Cuba, Iran, Iraq and Libya, on U.S. and U.K. and EU terrorism-related laws and regulations, and on other U.K., EU and United Nations sanctions regimes. This assistance often includes advice about the operation of the embargo rules, the drafting of contracts, the preparation of license applications and the presentation to the appropriate government agencies of policy initiatives that advance the business objectives of the firm's clients.
National Security
Maalouf Ashford has a dedicated group of attorneys and professionals who handle national security reviews of foreign direct investment -- often referred to as “Exon-Florio” reviews -- administered by the Committee on Foreign Investment in the United States (“CFIUS”). The Exon-Florio amendment to the Defense Production Act provides that all mergers, acquisitions and takeovers that could result in foreign control of U.S. corporations are subject to possible governmental investigation and Presidential action if they are deemed to present a threat to national security. Furthermore, even in instances where a foreign investor may only be purchasing a minority stake, such an investment could be deemed as a dominant minority ownership that could affect any CFIUS analysis. Careful planning of any transaction involving foreign investment in a U.S. company requires consideration of whether to seek CFIUS review.
Supply Chain Logistics
In the area of international logistics, the practice group's attorneys have broad commercial and legal experience in supply chain logistics, and have advised large international corporations with regard to all manner of contract and commercial issues arising out of the ocean and air transportation of goods. Members of the Group helped to create and continue to work with the broad-based transportation/shipper industries' Coalition for Secure Ports.
Regulatory, Compliance and Dispute Resolution
In an atmosphere of increasingly pervasive regulation, heightened scrutiny and aggressive enforcement actions directed at government contractors, members of the defense industry need to prioritize regulatory compliance, investigations and dispute avoidance and resolution. In this heavily regulated environment, innovative corporate law departments are moving beyond the traditional paradigm of the law department as a necessary cost center and are increasingly focusing on adding value to the business enterprise.
We partner with our clients’ law departments to create value by identifying, predicting, managing and remediating risk before it manifests in the form of litigation or enforcement action. When government enforcement or litigation cannot be avoided, we work with our clients to develop creative solutions and, when necessary, to mount aggressive defenses in the most cost-efficient manner.
________________________________________________________________________________________________________________
Overview
Maalouf Ashford’s Defense Industry group represents national and international defense industry contractors, subcontractors, and suppliers in multiple aspects of their businesses. Our experienced cross-disciplinary team addresses specific client needs and handles various transactional, regulatory, and litigation matters in the defense space.
Maalouf Ashford represents U.S.-based companies and non-U.S. suppliers, which have direct contracts with the government, as well as those serving as secondary suppliers in the supply chain. We offer specific knowledge in addressing challenges faced by non-U.S. based companies seeking to acquire businesses or provide services to the U.S. government.
We advise defense-industry clients on a variety of issues, including: (1) government contracting and procurement matters; (2) International Traffic in Arms Regulations (ITAR) and Export Administration Regulation matters; (3) registrations with the U.S. Department of Defense; (4) enforcement actions; (5) creation of federal contractor and export compliance programs and compliance assessments; (6) supply chain management and subcontracting; (7) mergers and acquisitions; (8) creation, licensing, and protection of intellectual property in the defense industry; and (9) antitrust matters and environmental matters. We also counsel clients with respect to local and state government investment incentives and tax savings.
Export Licensing and Controls
Members of the Group assist clients with trade regulation matters before the U.S. Trade Representative, and the Departments of State, Commerce, Treasury, Homeland Security, and Defense. This representation includes counsel and advice on necessary appropriate governmental reviews and approvals and compliance with U.S. export and import laws, including the Arms Export Control Act, the International Traffic in Arms Regulations (ITAR), the Export Administration Act of 1979, the Export Administration Regulations (EAR), and other matters under the jurisdiction of the U.S. State Department's Directorate of Defense Trade Controls (DDTC), the Department of Commerce's Bureau of Industry & Security (BIS), and the Department of Defense's Defense Technology Security Administration (DTSA). We also counsel clients on country-specific trade sanctions/trade embargo regulations, and provisions of the Foreign Corrupt Practices Act and the Foreign Agents Registration Act. Members of the group have worked closely with clients to implement corporate compliance programs covering the transportation of goods, services, or technology to or from the United States.
In the area of trade sanctions, lawyers in the Group are regularly called upon by clients to provide advice on U.S. embargoes of countries such as Cuba, Iran, Iraq and Libya, on U.S. and U.K. and EU terrorism-related laws and regulations, and on other U.K., EU and United Nations sanctions regimes. This assistance often includes advice about the operation of the embargo rules, the drafting of contracts, the preparation of license applications and the presentation to the appropriate government agencies of policy initiatives that advance the business objectives of the firm's clients.
National Security
Maalouf Ashford has a dedicated group of attorneys and professionals who handle national security reviews of foreign direct investment -- often referred to as “Exon-Florio” reviews -- administered by the Committee on Foreign Investment in the United States (“CFIUS”). The Exon-Florio amendment to the Defense Production Act provides that all mergers, acquisitions and takeovers that could result in foreign control of U.S. corporations are subject to possible governmental investigation and Presidential action if they are deemed to present a threat to national security. Furthermore, even in instances where a foreign investor may only be purchasing a minority stake, such an investment could be deemed as a dominant minority ownership that could affect any CFIUS analysis. Careful planning of any transaction involving foreign investment in a U.S. company requires consideration of whether to seek CFIUS review.
Supply Chain Logistics
In the area of international logistics, the practice group's attorneys have broad commercial and legal experience in supply chain logistics, and have advised large international corporations with regard to all manner of contract and commercial issues arising out of the ocean and air transportation of goods. Members of the Group helped to create and continue to work with the broad-based transportation/shipper industries' Coalition for Secure Ports.
Regulatory, Compliance and Dispute Resolution
In an atmosphere of increasingly pervasive regulation, heightened scrutiny and aggressive enforcement actions directed at government contractors, members of the defense industry need to prioritize regulatory compliance, investigations and dispute avoidance and resolution. In this heavily regulated environment, innovative corporate law departments are moving beyond the traditional paradigm of the law department as a necessary cost center and are increasingly focusing on adding value to the business enterprise.
We partner with our clients’ law departments to create value by identifying, predicting, managing and remediating risk before it manifests in the form of litigation or enforcement action. When government enforcement or litigation cannot be avoided, we work with our clients to develop creative solutions and, when necessary, to mount aggressive defenses in the most cost-efficient manner.