dcsimg Defense and Aerospace

Defense and Aerospace

As demand for defense-related business aviation and product distribution services continues to increase — particularly in certain economic sectors and regions of the world — the aerospace and defense (A&D) industry is responding with significant growth as well. At the same time, manufacturers, distributors and service providers face a unique combination of risks, including long procurement cycles, unpredictable government policies and spending priorities, tightening regulatory restrictions, and growing competition across and within markets.

To help clients thrive in this complex environment, McGuireWoods has been providing legal advice to the global A&D industry for more than three decades. We understand the opportunities and challenges associated with cross-border commerce in equipment, supplies and personnel, as well as the uniquely complex regulatory requirements that arise when dealing with national and international governments and agencies. As a full-service international law firm, we provide counsel across all major practice areas, including litigation, corporate and securities, and labor and employment law. Our A&D lawyers also have great depth of experience in government contracting, finance, intellectual property, data privacy and security, and joint ventures.

We have active working relationships with local lawyers in every part of the world, including Shenhav Konforti Shavit & Co. (SKS) in Israel and KGA in France, with whom we have non-exclusive cooperative agreements, and other members of global legal networks, LNI and Lex Mundi. Both SKS and KGA are separate firms that cooperate with the firm to achieve the best results for our clients; both have extensive experience in A&D.

Our client list is as broad and diverse as the countries, regions, and industries in which these entities and individuals do business. We have represented a number of major Fortune 500 companies around the world. In Western Europe, and in conjunction with our London and Brussels offices, we have represented parties in the acquisition or sale of businesses in the A&D field in Belgium, France, Germany, Greece, Italy, the Netherlands, Spain and the UK. We recently advised a defense-industry client in the US$50 million public takeover and reorganization of a group of companies with operations in the UK and across Europe, and spanning the U.S., South America, India and Kenya.

Key areas of concentration include aviation and government contracts. In conjunction with McGuireWoods Consulting, our full-service public affairs subsidiary, we also provide strategic communications and government-relations services with national and local governments.

Aviation

Our aviation lawyers represent equity investors, lenders, agents, lessees and borrowers in financing transactions for corporate and commercial aircraft, including domestic and cross-border leveraged leases, synthetic leases, true leases and loans in syndicated and single-investor structures, portfolio acquisitions and sales, and 1031 like-kind exchanges. We also advise parties in connection with the purchase and sale of corporate aircraft and the structuring of ownership and operation of such under U.S. Federal Aviation Administration (FAA) regulations and jurisdictional requirements worldwide.

Our Brussels-based practice handles aviation-related matters across the EU, including passenger-rights cargo claims and ground-handling issues. The office acts as legal counsel to one of only two restricted ground handlers at Brussels Airport, in both contentious and non-contentious matters. We regularly provide legal advice on public procurement issues (e.g., securing the status of restricted ground handlers and on qualifying service providers responsible for accommodating the needs of passengers with reduced mobility). We analyse the environmental permit status on various land concessions, negotiate with airlines on ground-handling agreements (including the security package), and enforce creditor rights against insolvent airlines (both in Belgium and abroad). We also advise developers and manufacturers of aviation-related technology in intellectual property licensing matters and issues involving global distribution networks.

Government Contracts

Providing products and services to government entities is a key source of revenue for many A&D enterprises. However, winning this business and operating as a prime or subcontractor requires strict compliance with a broad, complex set of rules. The government contracts lawyers of McGuireWoods can help untangle and guide clients through this regulatory web so that they can focus on what they do best. In addition to our legal acumen, our team has the substantial operational experience, security clearances, and industry know-how to identify and implement effective strategies.

Among other services, we advise clients on teaming and joint ventures, negotiation of contracts and subcontractor agreements, development of work statements and pricing proposals, management of protest bids and awards, investigations of fraud claims and other inquiries, compliance with local and national labor requirements, responses to potential suspensions and debarments, and — when necessary — resolution of disputes through litigation, mediation and arbitration.

McGuireWoods Consulting

Governments worldwide are facing significant deficits while increasing their regulation of cross-border trade, in general and specifically, of the A&D industry. In addition to organizing industrywide lobbying efforts to address emerging issues and funding cuts, the experienced public policy and government relations professionals of McGuireWoods Consulting help develop, promote and implement intelligent regulations that help streamline the work of our clients.

We have built strong working relationships with a variety of federal and state agencies, cabinet officials and boards, and consequently understand their respective needs, cultures and budget priorities. We use this knowledge to understand fully contract and procurement needs and thereby assist clients most effectively in achieving their objectives. For clients with business development goals in the public sector on a regional or national basis, our national and multistate strategies team can strategize with clients in formulating business development goals for presentation to decision-makers. Our federal team advises on cross-border regulations, including those related to trade and international affairs.

CONTACTS

Stephen W. Robinson Partner T: +1 703 712 5469
Mark J. Maier Partner T: +1 703 712 5135
Results 1-20 of 21
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Electronic components, instruments & communications products provider

Represented a leading provider of sophisticated electronic components, instruments & communications products in its acquisition by merger of a suppler of signal inetgrity test solutions for $291 million.
Representative Matter

Major U.S. Department of Defense technology and benefits provider

Led a major U.S. Department of Defense (DOD) technology and benefits provider through teaming and subcontracting agreements for a range of services, including application hosting and communications outreach.
Case Study

Summary judgment granted for Boeing in whistleblower case

The U.S. District Court for the Western District of Washington in Seattle granted summary judgment for Boeing in the latest in a series of Sarbanes-Oxley whistleblower cases McGuireWoods has defended on behalf of the company.

The latest order, in Kim v. Boeing, was significant because the court indicated that it would not follow the U.S. Department of Labor Administrative Review Board (ARB) and abrogate a commonly used defense for this type of claim, sticking instead with the more favorable rule developed in the courts of appeal.

Case Study

Boeing victory in SOX whistleblower case

The Ninth Circuit Court of Appeals held that the whistleblower provisions in Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) do not protect employee leaks to the media. Rather, the statute’s plain language protects only disclosures made to federal regulatory and law enforcement agencies, Congress and employee supervisors.
Representative Matter

Fortune 500 global supplier of systems and services to the aerospace, defense and homeland security markets

Represented a Fortune 500 global supplier of systems and services to the aerospace, defense and homeland security markets in the acquisition of a manufacturer of reconnaissance sensor and precision optics for an undisclosed amount.
Representative Matter

Leading provider of sophisticated electronic components, instruments and communications products

Advised a leading provider of sophisticated electronic components, instruments and communications products in the US$50 million public takeover and reorganization of a group of companies with operations in the UK and across Europe, and spanning the US, South America, India and Kenya.
Case Study

SOX victory for The Boeing Company

An administrative law judge recently dismissed a Sarbanes-Oxley whistleblower complaint filed against McGuireWoods' client The Boeing Company, the world's largest aerospace company and leading manufacturer of commercial jetliners and defense, space and security systems. The judge held that the filing was untimely and the complainant was not entitled to equitable tolling. In a matter of first impression, the judge held that the tolling period started when a letter was delivered to the complainant's private mailbox company, not when the complainant picked the letter up from the mailbox company.

Representative Matter

Leading provider of sophisticated electronic components, instruments and communications products

Representation of a leading provider of sophisticated electronic components, instruments and communications products in its acquisition of a U.K.-based, AIM-listed company. The aggregate value for the transaction was approximately £35 million (or approximately $52 million) taking into account the acquired company’s stock options, net debt and pension deficit.
Case Study

Trial victory for Boeing on Sarbanes-Oxley whistleblower claims

After a two-week trial in August 2009, McGuireWoods recently obtained a decision on behalf of the Boeing Company in a Sarbanes-Oxley whistleblower case. In the 46-page opinion, the administrative law judge sided completely with the Boeing Company on all three contested points, holding that the complainant failed to prove that equitable tolling should apply to his case; failed to demonstrate the existence of a hostile work environment; and failed to prove that his allegations were protected activity under the statute. The third point was hotly contested and represents a matter of first impression in Sarbanes-Oxley whistleblower cases.

Representative Matter

Pratt & Whitney

United Technologies Corporation v. Platform Computing Corp.
McGuireWoods represented Pratt & Whitney against Platform Computing Corp. in the United States District Court for the District of Connecticut, arising from Platform's threatened termination of support for parallel processing network software.
Representative Matter

Leading global military contractor

Advised a leading global military contractor in finance, incentives and real estate matters, specifically related to space systems and economic development.
Representative Matter

Luxembourg private equity house

Represented a Luxembourg private equity house in its strategic investment in a private jet charter company with operations in Switzerland, Malaysia and the UK.
Representative Matter

Leading aerospace company

Effectively represented a leading aerospace company in one of the largest decertification campaigns ever conducted, including legal challenges before the NLRB and the related campaign against the SCPEA, which involved 11 voting areas in California and Florida and forty-five hundred employees.
Representative Matter

Law enforcement and U.S. DOD security equipment company

Advised a law enforcement and U.S. DOD security equipment company regarding computer intrusion and breach notification issues.
Representative Matter

Multinational defense, security and aerospace company

Represented a multinational defense, security and aerospace company in relation to two major joint ventures with a business process outsourcing, procurement management, information technology outsourcing and HR managed solutions company.
Representative Matter

Walker Aviation

Representation of Walker Aviation on its buy-out from Walker Steel as part of the sale of Walker Steel to British Steel, at that time, at circa £300 million, the largest private company sale in the UK.
Representative Matter

Russian supplier of satellite capacity

Advised a Russian supplier of satellite capacity to a range of industries regarding a $1 billion joint venture with a U.S. aerospace company.
Representative Matter

Top-tier telecommunications company

Guided a top-tier telecommunications company through a complex technology and security regulatory compliance program.
Representative Matter

Commercial airline

Represented equity interests of a commercial airline in the leveraged lease of six Embraer EMB-120 aircraft using Brazilian export guaranty facilities.
Representative Matter

Contractor

Represented a contractor in responding to a U.S. DOD Inspector General investigation and Defense Contract Audit
Results 1-20 of 21
Results 1-25 of 39
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Vassilis Akritidis
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 53
F: +32 2 629 42 22
vCard
Ilene A Bailey Ilene A. Bailey
Counsel
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 410 659 4449
F: +1 410 659 4478
vCard
Sarah A Belger Sarah A. Belger
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5350
F: +1 703 712 5299
vCard
Craig D Bell Craig D. Bell
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1179
F: +1 804 698 2160
vCard
Alex J Brackett Alex J. Brackett
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4749
F: +1 804 698 2089
vCard
Jeremy S Byrum Jeremy S. Byrum
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4305
F: +1 804 698 2080
vCard
Robert M Cipolla Robert M. Cipolla
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4713
F: +1 804 698 2109
vCard
Simon J Cox Simon J. Cox
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1721
F: +44 20 7632 1638
vCard
Asheesh Das Dr Asheesh Das
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1682
F: +44 20 7632 1638
vCard
Danielle Dellerson Danielle R. Dellerson
VP, Federal Public Affairs McGuireWoods Consulting LLC
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 2935
F: +1 202 828 3340
vCard
Michael F Easley Jr. Michael F. Easley Jr.
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6696
F: +1 919 755 6583
vCard
Ronda Brown Esaw Ronda Brown Esaw
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5392
F: +1 703 712 5251
vCard
Adam Greaves Adam Greaves
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1649
F: +44 20 7632 1638
vCard
David J Hornyak David J. Hornyak
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7925
F: +1 412 402 4192
vCard
Kevin P Kearney Kevin P. Kearney
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2345
F: +1 704 805 5061
vCard
Christopher D. Lloyd
Sr. VP & Director, Infrastructure & Economic Development McGuireWoods Consulting LLC
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1902
F: +1 804 698 2270
vCard
Mark J Maier Mark J. Maier
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5135
F: +1 703 712 5296
vCard
E. Lynwood Mallard E. Lynwood Mallard
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2313
F: +1 704 805 5075
vCard
Michael D Mandel Michael D. Mandel
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8202
F: +1 310 956 3113
vCard
Jasmine C. Marchant
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2215
F: +1 703 444 8782
vCard
Robert W McFarland Robert W. McFarland
Partner
World Trade Center
101 West Main Street
Suite 9000
Norfolk, VA 23510-1655

T: +1 757 640 3716
F: +1 757 640 3966
vCard
Kevin A McGinnis Kevin A. McGinnis
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2068
F: +1 704 444 8740
vCard
Yves Melin Yves Melin
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 26
F: +32 2 629 42 22
vCard
Safet Metjahic Safet Metjahic
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 212 548 7034
F: +1 212 715 6287
vCard

T:+1 703 712 5080
F: +1 703 712 5050

Raja Mishra Raja S. Mishra
Associate
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 410 659 4542
F: +1 410 659 4474
vCard