Space & Satellite Law
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Overview
Maalouf Ashford & Talbot’s Space and Satellite Law Practice Group represents clients in all aspects of satellite, aerospace and launch services and regulatory matters including:
▪ Negotiating and drafting launch services agreements;
▪ Federal Aviation Administration (FAA) launch licensing regulations and compliance issues;
▪ Satellite purchase agreements;
▪ U.S. Federal Communications Commission (FCC) licensing and regulatory matters;
▪ Government contracts including "CCDev";
▪ Transponder leases;
▪ Satellite financing;
▪ Mergers & Acquisitions of telecommunications companies and other space related entities;
▪ Regulatory issues with regard to the acquisition of space and telecommunications companies including reviews by the Committee on Foreign
Investment in the U.S. (CFIUS), Federal Trade Commission (FTC), Antitrust Reviews and U.S. State Department investigations;
▪ Space technology export and International Traffic in Arms Regulations (ITAR) issues;
▪ International space trade, foreign investment, and bilateral agreements; and
▪ International space contract dispute resolution.
Maalouf Ashford attorneys have broad experience litigating and arbitrating a wide variety of disputes in the aerospace industry, including disputes emanating from the design, development, and manufacturing of satellites and rockets as well as satellite launches and operations. Our lawyers also have broad experience arbitrating disputes between satellite owners and lessees. Our attorneys are also extremely knowledgeable about the typical terms and provisions of complex contracts that drive these activities and from which many legal disputes arise.
Many aerospace disputes involve claims of patent infringement and trade secret misappropriation. These often involve complex technology.
Our attorneys have worked with numerous types of highly technical documents generated by the satellite/aerospace industry, including technical specifications and requirements, preliminary and critical design reviews, integration and test plans, space qualification documents, material review board minutes and documentation, non-conformance reports related to the manufacturing process, discrepancy review board minutes and documents, action items and closure documentation, documentation related to satellite performance (e.g., satellite telemetry data) and documentation generated in anomaly investigations.
Recent Representative Arbitrations
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Overview
Maalouf Ashford & Talbot’s Space and Satellite Law Practice Group represents clients in all aspects of satellite, aerospace and launch services and regulatory matters including:
▪ Negotiating and drafting launch services agreements;
▪ Federal Aviation Administration (FAA) launch licensing regulations and compliance issues;
▪ Satellite purchase agreements;
▪ U.S. Federal Communications Commission (FCC) licensing and regulatory matters;
▪ Government contracts including "CCDev";
▪ Transponder leases;
▪ Satellite financing;
▪ Mergers & Acquisitions of telecommunications companies and other space related entities;
▪ Regulatory issues with regard to the acquisition of space and telecommunications companies including reviews by the Committee on Foreign
Investment in the U.S. (CFIUS), Federal Trade Commission (FTC), Antitrust Reviews and U.S. State Department investigations;
▪ Space technology export and International Traffic in Arms Regulations (ITAR) issues;
▪ International space trade, foreign investment, and bilateral agreements; and
▪ International space contract dispute resolution.
Maalouf Ashford attorneys have broad experience litigating and arbitrating a wide variety of disputes in the aerospace industry, including disputes emanating from the design, development, and manufacturing of satellites and rockets as well as satellite launches and operations. Our lawyers also have broad experience arbitrating disputes between satellite owners and lessees. Our attorneys are also extremely knowledgeable about the typical terms and provisions of complex contracts that drive these activities and from which many legal disputes arise.
Many aerospace disputes involve claims of patent infringement and trade secret misappropriation. These often involve complex technology.
Our attorneys have worked with numerous types of highly technical documents generated by the satellite/aerospace industry, including technical specifications and requirements, preliminary and critical design reviews, integration and test plans, space qualification documents, material review board minutes and documentation, non-conformance reports related to the manufacturing process, discrepancy review board minutes and documents, action items and closure documentation, documentation related to satellite performance (e.g., satellite telemetry data) and documentation generated in anomaly investigations.
Recent Representative Arbitrations
- Represented a large satellite company that develops and designs satellites, in a patent infringement and breach of contract case before the ICC. The arbitration tribunal found our client’s asserted patents valid. The tribunal also found that the respondent infringed the asserted patents and breached its contractual obligations to our client by improperly using and disclosing proprietary information to manufacture a competitive satellite. The Award was for US$110 million.
- Successfully represented a large satellite telecommunications company in a major international arbitration proceeding involving the question of insurance coverage relating to two primary broadcast satellites, which had lost power at an accelerated rate because of a design flaw. The arbitration hearings were held in Washington D.C. before a panel of three arbitrators and the amount in dispute was US$217.6 million. We were successful in proving that both satellites had suffered a “constructive total loss,” which was heavily disputed.
- Successfully represented a multi-national satellite company an AAA Arbitration against a former employee who started a competing small satellite rocket propulsion company using our client’s trade secret information and in violation of contractual and fiduciary duties owed to Claimant. Using forensic evidence, we were able to establish that our adversary engaged in severe evidence spoliation and ultimately obtained an order for “terminating sanctions,” conclusively finding that the employee had misappropriated our client’s trade secrets and violated his duties to the company.
- Represented a U.S. aerospace company in a trade secret and copyright arbitration before the LCIA relating to software used in our client’s unmanned aerial vehicles (UAVs). We obtained a US$65 million Award for our client.Successfully represented a U.S. satellite company in a US$132 million arbitration alleging fraud, negligent misrepresentation and breach of contract arising out of the manufacture of solar arrays for satellites.
- Represented a large manufacturer of Russian jets, in a trade secret arbitration brought before the ICC by the designer of the interior of the fuselage. We defeated a motion for preliminary injunction and obtained a dismissal of the case.
- Represented a China based satellite telecommunications company in obtaining summary judgment on breach of contract case in an SIAC arbitration.
- Represented a UK based satellite company in a large LCIA arbitration alleging unfair business practices in connection with anti-piracy campaign. Obtained a dismissal of the case from the Arbitration Tribunal.
- Represented US satellite company in an arbitration alleging violations of the Electronic Communications Privacy Act (“ECPA”). Obtained a dismissal of the case.
- Successfully represented US satellite against an individual trafficking illegal signal theft devices designed to decrypt and intercept satellite signals without authorization. Obtained a unanimous Arbitral Tribunal Award finding 102 violations under the Digital Millennium Copyright Act, the Federal Communications Act, and the Electronic Privacy Communications Act resulting in millions of dollars in statutory damages.
- Successfully represented a US aerospace company in its defense of an arbitration related to a direct broadcast satellite permit.
- Successfully represented a large US aerospace company in an AAA arbitration filed by a supplier of application-specific integrated circuits, seeking damages for the termination of a contract for convenience.
- Successfully represented a US aerospace company in a trade secret case related to a proprietary rocket engine technology, and defense against a related case in which the plaintiff alleged that our client monopolized the market for launch vehicles for space.
- Successfully represented a US aerospace company against a competitor’s arbitration alleging infringement of its aircraft-wiring patent.
- Successfully represented an operator of remote sensing imaging commercial satellite technology, in an ICC arbitration held in London, England, concerning the manufacture, design and operation of the company’s remote sensing satellite and ground equipment.
- Successfully represented a US satellite company in a case involving theft of trade secrets in the “spy-in-the-sky” satellite arena.
- Successfully represented a US aerospace company in a dispute with a launch services provider over the timing of a satellite launch.
- Successfully represented a major defense contractor in a patent case related to fiber optic gyroscopes.
- Successfully represented a major defense contractor accused of stealing trade secrets related to gauges that measure stress in rocket nozzles.
- Successfully represented an aerospace company against a competitor’s allegations that it misappropriated a US$50 million rocket design.
- Successfully represented a major manufacturer of jet engines in an action for patent infringement and misappropriation of trade secrets concerning repair parts and methods.