Aerospace, Defense & Government Services

ScottHulse attorneys have provided legal services to leading domestic and foreign companies in the aerospace and defense industry, which encompasses major hardware systems, communications, electronics, government contracting, technical support services, and technology transfers.

With experience in government contracts law and International Traffic In Arms (ITAR) compliance, we are at the forefront in helping cross-border firms navigate through the new Homeland Security environment and Department of State standards.

Our aerospace and government services attorneys in El Paso, Texas have extensive knowledge of government contracts and procurement law, including actions under the False Claims Act, bid protests, product liability issues involving the “government contractor defense,” subcontract disputes, contract claim and termination issues, and ITAR compliance and other export control issues.

We take pride in providing creative, cost-effective solutions and opportunities for providers of:

  • Airplanes, Vehicles and Ships
  • Military vehicles
  • Telecommunications
  • Computers and Integrated Systems
  • Commercial Services
  • Homeland Security Products and Services
  • Electronics and Avionics
  • Cleanup of Hazardous Waste
  • Construction

Our attorneys are also experienced in government contracts and international projects, and handle matters involving the Directorate of Defense Trade Controls, Foreign Military Sales (FMS) credits, Technical Assistance Agreements, Manufacturing License Agreements, export licenses and other ITAR and export control issues.

Export Controls

Firms in the aerospace, defense and homeland security industries are typically subject to a range of export control laws that materially affect their business operations and international sales. The firm’s attorneys have significant experience in this field and regularly advise and assist with the preparation of complex export licenses and technical assistance agreements; the application of U.S. export control laws to transactions (mergers, acquisitions and joint ventures), foreign arms sales and know-how transfers; internal investigations and voluntary disclosures to the State and Commerce Departments; enforcement matters, including negotiation of consent decrees with the U.S. government; and issues concerning foreign military sales. We regularly counsel clients on a range of challenging issues – from applying for import licenses and export licenses to preparing and obtaining approval for technical assistance agreements (TAA)- and have assisted in the development and enhancement of compliance programs.

In recent years, the firm’s attorneys have handled major investigations and major compliance matters in the export control arena, including the full internal management review of a U.S. defense firm and the licensing and compliance processes of a U.S. defense firm, and whether such processes met appropriate metrics for organization, resources and minimizing compliance risks.

Government Contracts

Our attorneys represent firms in the full range of procurement matters, including contractual negotiations and preparing responses to requests for proposal; extensive due diligence in the context of acquisitions; internal investigations on a range of issues (including False Claims Act matters and other federal laws and regulations); suspension, debarment and fraud proceedings; determining “commerciality” in government contracts; cost accounting issues; negotiating licensed rights agreements to protect the intellectual property rights of contractors and foreign governments; and preparing internal compliance programs and counseling on a wide range of issues relative to the Defense Industry Initiative. We have also advised clients in connection with private sector projects on the Fort Bliss, Texas, military installation, including matters concerning the structuring and conduct of private projects on a federal enclave. These projects involved coordination with army and other governmental agencies, including the office of the Fort Bliss Staff Judge Advocate. Our attorneys have experience in addressing questions of first impression and structuring novel business approaches to issues arising in the context of government contracts.

Homeland Security

We provide clients with advice on the Patriot Act, other federal laws and regulations on homeland security, and proposed rules and emerging practices of the Department of Homeland Security (“DHS”) and other federal and state government entities in the field. Our lawyers recently prepared an analysis of the critical capabilities of a state government in the homeland security field as well as performance measures to assess whether these capabilities were in place and properly operating. We have also assisted on a number of unique issues in this area, including special rules on foreign ownership and participation in homeland security contracts. Our attorneys have a considerable understanding of DHS’s developing acquisition system.

Litigation & Internal Investigations

Our attorneys handle a range of complex litigation and arbitration matters for aerospace and defense firms in both state and federal court. In this connection, we have represented clients in matters involving both state and federal agencies. We have also represented clients with respect to complex government and commercial contract disputes, including bid disputes, contingent payment claims, liquidated damages claims, back charge and change order claims, construction defect claims, bond claims, and insurance coverage disputes. Our experience in such matters can often help bring about early and successful settlement of disputes. But if litigation is necessary, you can count on our experienced trial attorneys to represent vigorously your interests.

Mergers & Acquisitions

The firm has represented clients in the aerospace, defense, and homeland security fields in all phases of corporate acquisitions, including due diligence, negotiation of agreements, tax planning, regulatory clearances and the like. We can provide assistance “from cradle to grave,” drawing on our experience in these sectors to help firms evaluate targets of opportunity, structure legal arrangements, and close transactions. In recent years, for example, we represented a U.S. firm in its acquisition of an aerospace business in the United States.

Ethics and Foreign Payments

In recent years, there has been a significant focus on improving business practices in the defense industry and other business sectors in light of the negotiation of the OECD Anti-Bribery Convention, the adoption of national implementing laws in various countries and specific, visible enforcement actions in the United States and elsewhere. We have represented firms on a broad range of issues arising under the Foreign Corrupt Practices Act and related laws, including the structuring of international joint ventures and other transactions (especially in emerging and transitional markets like Russia and China), the preparation of compliance programs and policies and corporate governance mechanisms, internal investigations, and due diligence in the context of acquisitions.