Aerospace, Defense and Government Services

Overview

We help clients in key sectors of the aerospace, defense and government services industries compete successfully, address compliance requirements with confidence, and control legal costs. Our robust multi-practice team has a national presence and our attorneys collaborate to provide timely, practical advice focused on solutions.

Clients trust us to guide them through the complex legal landscape associated with growing their businesses in the aerospace, defense and government sectors. Our team includes industry-leading lawyers with corporate, commercial, regulatory, white-collar defense and litigation experience. Our comprehensive experience in government contract law includes representing clients in bid protests, contract disputes, white-collar investigations, and the application of the Federal Acquisition Regulation (FAR) in this regulated industry. We advise middle market businesses, emerging companies, new ventures and global entities, assisting them with government contracts, export controls, sanction compliance, Foreign Corrupt Practices Act (FCPA) compliance, cybersecurity, employment, and a host of other issues.

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Service areas include:
  • Committee on Foreign Investment in the United States (CFIUS)
  • Employment
  • Environment
  • Export controls
  • Foreign Corrupt Practices Act (FCPA)
  • Government contracts
  • Intellectual property
  • International trade
  • Life sciences
  • Litigation
  • Mergers and acquisitions
  • National Industrial Security Program requirements, including Foreign Ownership Control Influence (FOCI) mitigation
  • Privacy and data security
  • Tax
  • White collar defense and investigations
Our diverse client base spans multiple sectors:
  • Aerospace and aviation
  • Construction, architecture and engineering
  • Defense
  • Electronics
  • Energy
  • Environmental remediation
  • Homeland security
  • Information technology
  • Manufacturing
  • Optics and photonics
  • Real estate
  • Software
  • Transportation
A legacy of service

BakerHostetler is proud of its long association with the U.S. military and veterans – from our founder, Newton D. Baker, who served as Secretary of War during World War I, to the nearly 70 veterans currently among our ranks. For decades, we have been privileged to support veterans’ causes. To mark the firm’s centennial in 2016, our attorneys made a major commitment to The Veterans Consortium, for whose clients we provide pro bono representation before the Board of Veterans’ Appeals.

Select Experience

  • Filed an amicus brief for the entire U.S. defense industry in a critical appeal before the Court of Appeals for the Federal Circuit involving government contractor immunity for patent infringement. In an en banc decision, the court adopted our position that contractor immunity should apply and agreed that the government should be held liable for patent infringement in cases involving the non-U.S. manufacture of component parts for the F-22 stealth fighter.
  • Defending a globally known, U.S.-based engineering, construction and private military contracting company against claims brought under the Alien Tort Statute (ATS) and Racketeer Influenced and Corrupt Organizations (RICO), among other statutes, for claims arising out of the use of non-U.S. workers at U.S. bases in Iraq.
  • Represented a military food service provider in the protest of the U.S. Defense Department’s Defense Logistics Agency’s decision to reject contractor’s proposal, resulting in the agency taking corrective action by reissuing the underlying solicitation and accepting the contractor’s proposal.
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Experience

  • Filed an amicus brief for the entire U.S. defense industry in a critical appeal before the Court of Appeals for the Federal Circuit involving government contractor immunity for patent infringement. In an en banc decision, the court adopted our position that contractor immunity should apply and agreed that the government should be held liable for patent infringement in cases involving the non-U.S. manufacture of component parts for the F-22 stealth fighter.
  • Defending a globally known, U.S.-based engineering, construction and private military contracting company against claims brought under the Alien Tort Statute (ATS) and Racketeer Influenced and Corrupt Organizations (RICO), among other statutes, for claims arising out of the use of non-U.S. workers at U.S. bases in Iraq.
  • Represented a military food service provider in the protest of the U.S. Defense Department’s Defense Logistics Agency’s decision to reject contractor’s proposal, resulting in the agency taking corrective action by reissuing the underlying solicitation and accepting the contractor’s proposal.
  • Advising a large aerospace company regarding compliance related to export control, economic sanctions and related issues. Prepared technical assistance agreements and license applications for submission to the U.S. Department of State. Prepared voluntary disclosures of possible regulatory violations to the State Department and the Bureau of the Census.
  • Advised one of the largest U.S.-based defense contractors in an internal investigation of business practices and sales of certain products in Russia, Belarus, Kazakhstan and Ukraine. This matter has involved the review of voluminous documents, site visits to around the world, and numerous interviews.
  • Providing regulatory counsel to one of the nation’s largest defense contractors; assisted in creating and auditing a program to ensure compliance with the Federal Bureau of Alcohol, Tobacco and Firearms, Occupational Safety and Health Administration, Department of Transportation, Federal Aviation Administration, Nuclear Regulatory Commission, Environmental Protection Agency and related regulatory agencies.
  • Defended a security services contractor in litigation at the Civilian Board of Contract Appeals (CBCA) arising from the Department of Energy’s termination for default of contractor, representing client through procedural motions that resulted in the reversal of the termination for default and a favorable settlement.
  • Representing a Department of Defense contractor in employment law matters, including issues arising at the intersection of the National Labor Relations Act, the Fair Labor Standards Act and the Service Contract Act.
  • Developed affirmative action plans for companies and counsels clients through Office of Federal Contract Compliance Programs (OFCCP) audits.
  • Defended a protest in the Court of Federal Claims (COFC) of a Department of Defense, U.S. Transportion Command (TRANSCOM) aviation fuel contract, defending an award in a temporary restraining order hearing and defending an award on the merits through the decision, resulting in the affirmation of a contract award.
  • Developed numerous Federal Acquisition Regulation (FAR)-based business ethics and compliance programs for contractors, including updating and revising codes of ethics, developing and providing training, and providing procedures for company personnel.
  • Represented services contractor in suspension and debarment proceedings before the U.S. Department of Air Force, resulting in the lifting of the suspension through an administrative agreement.
  • Obtained numerous U.S. government approvals related to the launch of U.S. satellites by foreign launch service providers, including the first-ever waiver of U.S. policy against the utilization of Indian launch vehicles, and guided clients through Department of Defense monitoring of foreign launch campaigns.
  • Counseled a major U.S. university in obtaining a novel U.S. government approval for the co-development and deployment of a spacecraft with a non-NATO ally.
  • Assisted numerous U.S. and foreign entities in successfully navigating the CFIUS process, including in connection with a recent transaction involving investment by a Chinese entity in a sensitive industry.
  • Represented a leading global producer of aerospace components in more than 25 acquisitions and dispositions, totaling more than $2.4 billion.

Recognition

  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2018)
    • Chambers USA Privacy and Data Security- Healthcare Spotlight Table (2018)
  • Chambers USA: Intellectual Property
    • Georgia (2018)
      • Band 4
    • Ohio (2018)
      • Band 2
    • Pennsylvania (2018)
      • Band 1
    • Recognized Practitioner: Intellectual Property Litigation in District of Columbia (2018).
    • Recognized Practitioner: Intellectual Property Patent Prosecution in District of Columbia (2018).
    • Recognized Practitioner: Intellectual Property Trademark, Copyright & Trade Secrets in New York (2018). 
  • Chambers USA: Real Estate
    • Florida (2014 to 2018)
      • Band 4
    • Ohio (2007 to 2018)
      • Band 4
    • Texas (2010 to 2018)
    • Real Estate: Zoning & Land Use in Florida (2007 to 2015)
    • Recognized Practitioner in California (2017)
  • BTI Client Service 30: BakerHostetler (2018)
  • Barron Avery: Law360 "Rising Star" in Government Contracts (2016)
  • Chambers Global: Privacy & Data Protection (USA) (2014 to 2017)
  • U.S. News - Best Lawyers "Best Law Firms" (2016)
    • Commercial Litigation: National Tier 1
  • The Legal 500 United States: Real Estate and Construction: Construction (including construction litigation) (2016)
  • The Legal 500 United States (2017)
    • Recommended in Construction
  • Chambers Global: International Trade (USA) (2015 to 2017)
  • Chambers USA: Nationwide International Trade (2014 to 2016)
    • Nationwide: International Trade: Customs (2017)
    • Nationwide: International Trade: Export Controls & Economic Sanctions (2017)
    • Nationwide: International Trade: Trade Remedies & Trade Policy (2017)
  • The Legal 500 United States; Dispute Resolution: International trade (2015, 2016)
  • U.S. News - Best Lawyers "Best Law Firms" International Trade and Finance Law (2016)
    • Metro Washington, D.C., Tier 3

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