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NewSpace

NewSpace image, satellite out in space

NewSpace

Guiding ambitious space ventures and enabling tomorrow's innovations.

The era of NewSpace is defined by pioneering technologies and goals, which call for representation by lawyers with a history of supporting the most forward-thinking organizations in the field.

Perkins Coie’s NewSpace lawyers have dedicated years to collaborating with space, satellite, and launch service companies. Our multidisciplinary team collaborates closely with leadership, investors, and affiliates of companies at all stages of development and commercialization. 

We provide a wide array of services to new and established companies in the aerospace and space sector. Our experience includes strategic technology transactions and addressing the unique challenges of space exploration and commerce.

Corporate

Our Corporate team counsels companies at all phases of the corporate lifecycle on corporate governance, financing, and mergers and acquisitions (M&A), including: 

  • Capitalization and equity compensation management. 
  • Seed, venture, strategic, and private equity investments. 
  • Initial public offerings. 
  • Add-on transactions and liquidity. 
  • Joint ventures. 
  • Strategic and private equity M&A. 

Intellectual Property

With advanced degrees in mechanical, electrical, and aerospace engineering, our intellectual property (IP) team advises clients on such issues as: 

  • Protecting IP assets, including the preservation of data rights in government contracts. 
  • Navigating freedom-to-operate, licensing, and enforcement issues. 
  • Creating, managing, and monetizing a valuable patent portfolio. 
  • Defending IP against infringement. 

Government Contracts

Our nationally recognized Government Contract lawyers offer the skill, experience, and resources to successfully navigate complex federal procurement law, including: 

  • The structuring and negotiation of teaming agreements and government contracts. 
  • Federal Acquisition Regulation/Defense Federal Acquisition Regulation Supplement navigation and compliance. 
  • Successfully bidding under Other Transaction Authority procurements. 
  • Prosecuting and defending bid protests and resolving contract disputes with the prime and/or government customers. 

Product Liability

Our product liability lawyers have amassed decades of aviation and aerospace experience, allowing them to advise clients on space exploration and commerce concerns, including: 

  • Product liability containment and lawsuit avoidance. 
  • Litigation and trial representation. 
  • Global, national, and regional claims coordination. 
  • Representation before government agencies. 

Government Regulation

Our regulatory lawyers help our clients navigate local, state, and federal regulations that shape how space companies do business, including: 

  • Federal Communications Commission licensing, compliance, and advocacy. 
  • Federal Aviation Administration space launch licensing and National Oceanic and Atmospheric Administration commercial remote sensing licensing. 
  • Export controls and trade compliance. 
  • Environmental and land use regulations and compliance. 

Technology Transactions

Our lawyers combine their exceptional transactional skills with their in-depth understanding of the space industry to help clients close strategic technology transactions, including: 

  • Strategic partnership and joint venture agreements. 
  • Launch services, satellite manufacturing, and component procurement agreements. 
  • Design and development transactions for custom silicon with unique applications. 
  • Raw material procurement to enable in-house manufacturing and assembly. 

Representative Experience

Additional Experiences
  • Represent AE Industrial Partners HorizonX Ventures fund in several investment transactions.
  • Structured and drafted suite of commercial transactional documents for a kinetic launch services startup, including booking, launch and engineering services, satellite manufacturing, and partnership agreements
  • Assisted a new reusable rocket launch services company in obtaining frequency authorizations and related waivers for launch activities.
  • Acted as lead corporate and regulatory counsel on the sale of Spaceflight to Firefly
  • Represented a strategic investor in the investment in Firefly Series C Preferred Stock
  • Negotiated teaming agreements for satellite services company with prime contractors for capture of defense and security technology development awards
Underwriters for Thuraya v. Boeing Satellite Systems International Inc.

International Chamber of Commerce Arbitration
Represented Boeing in international arbitration venued in Paris relating to satellite constructive total loss resulting in alleged damages of several hundred million dollars. The ICC issued a final decision rejecting insurers’ claims and awarding defense costs to Boeing.

Spectrum Astro Inc. v. Broad Reach Engineering Company

Represented Spectrum Astro Inc. in a trade secret misappropriation case regarding the design of satellite subsystems, including command and data handling, data acquisition software, ground support equipment, power design and development and test tools. Case settled.

Satellite Procurement Contract Dispute

Represented client in successfully avoiding termination of $150 million satellite procurement contract and renegotiation of the contract.

Ontario International Arbitration

Represent satellite manufacturer in international arbitration relating to satellite constructive total loss resulting in alleged damages of $400 million.

Investment in Entertainment Services and Content Companies

Represented provider of satellite services in its investment in companies delivering entertainment services and content.

In re Loral

Counsel to Boeing, Sea Launch regarding satellite launch services contracts.

ICC – Paris

Successfully represented Boeing in a major satellite arbitration before the ICC in Paris. The ICC Tribunal rejected the satellite insurers' claims and awarded Boeing full costs.

EchoStar Satellite, LLC, FEC Advisory Opinion 2006-10

Sought advisory opinion on treatment of public service announcements featuring federal candidate.

Boeing Satellite Systems International, Inc.

Representation of satellite manufacturer in contract disputes.

Boeing International Arbitration

Represented Boeing in international arbitration venued in Paris relating to satellite constructive total loss resulting in alleged damages of several hundred million dollars. The ICC issued a final decision rejecting insurers’ claims and awarding defense costs to Boeing.

Astrium, S.A.S. v. TRW Inc.

U.S. District Court for the Central District of California
U.S. Court of Appeals for the Ninth Circuit
Successfully represented Corning Inc. against product liability and commercial claims arising out of the alleged degraded performance of six telecommunication satellites, with $135 million in damages claimed. Judgment in Corning Inc.'s favor affirmed by the Ninth Circuit. 254 F. Supp. 2d 1129 (C.D. Cal. 2003), aff'd, 197 F. App'x. 575 (9th Cir. 2006)

American Arbitration Association Satellite Dispute

Represent third party in presenting evidence in international arbitration relating to $80 million in satellite insurance coverage.

Ad Hoc Ontario International Arbitration

Represent satellite manufacturer in international arbitration under UNCITRAL rules relating to satellite constructive total loss resulting in alleged damages of $400 million.

Ad Hoc International Arbitration between Satellite Owner and Satellite Insurers

Represented third party in presenting evidence related to an eight-figure insurance coverage dispute arising from the constructive total loss of a commercial communications satellite.

Matter of Intelsat General Corporation, B-412097

Protested the award of a $450 million contract to provide comprehensive satellite services contract to the United States Navy.

Underwriters for Thuraya v. Boeing Satellite Systems International Inc.

International Chamber of Commerce Arbitration
Led representation of Boeing in international arbitration venued in Paris relating to satellite constructive total loss resulting in alleged damages of several hundred million dollars. The ICC issued a final decision rejecting insurers’ claims and awarding full defense costs to Boeing.

Bid Protests

Handled multiple bid protests before the GAO and the ODRA involving wide range of issues, including unequal treatment of bidders, failure to adhere to solicitation criteria, inappropriate technical / cost - price evaluations and flawed best value analysis. Recent representative protest matters include:

  • Matter of Intelsat General Corporation, B-412097
    Led the successful protest against the award of $450 million contract to provide comprehensive satellite services contract to the United States Navy.
  • Matter of Harris IT Services Corporation, B-41169; B-411796
    Led the successful protest and developed a precedent-setting argument challenging a $335 million IDIQ contract award from the FBI for Land Mobile Radio System equipment.
  • Matter of MTU Maintenance Canada, Ltd., B-41185
    Led the successful defense of an award from the United States Air Force to The Boeing Company to maintain specialized, nuclear-hardened aircraft used to protect and convey the nation’s senior leadership in the event of nuclear war.
  • Matter of First Coast Service Options, Inc., B-409295.1
    Overturned CMS’s decision to exclude First Coast from the competitive range
  • Matter of ITT Information Systems, 12-ODRA-00628; Matter of Lockheed Martin Corporation, 12-ODRA-00631
    Led successful defense of $330 Million contract award to Harris Corporation to upgrade FAA’s air traffic control communications system.
Satellite Manufacturer

Defended a satellite manufacturer in international arbitrations in Paris and Toronto. The Paris arbitration resulted in an award for the client after a full evidentiary hearing. The adverse party in the Toronto arbitration abandoned its claims for a walk-away settlement before trial.

代理经验

Representative NewSpace Experience

Additional Experiences
  • Represent AE Industrial Partners HorizonX Ventures fund in several investment transactions.
  • Structured and drafted suite of commercial transactional documents for a kinetic launch services startup, including booking, launch and engineering services, satellite manufacturing, and partnership agreements
  • Assisted a new reusable rocket launch services company in obtaining frequency authorizations and related waivers for launch activities.
  • Acted as lead corporate and regulatory counsel on the sale of Spaceflight to Firefly
  • Represented a strategic investor in the investment in Firefly Series C Preferred Stock
  • Negotiated teaming agreements for satellite services company with prime contractors for capture of defense and security technology development awards
Underwriters for Thuraya v. Boeing Satellite Systems International Inc.

International Chamber of Commerce Arbitration
Represented Boeing in international arbitration venued in Paris relating to satellite constructive total loss resulting in alleged damages of several hundred million dollars. The ICC issued a final decision rejecting insurers’ claims and awarding defense costs to Boeing.

Spectrum Astro Inc. v. Broad Reach Engineering Company

Represented Spectrum Astro Inc. in a trade secret misappropriation case regarding the design of satellite subsystems, including command and data handling, data acquisition software, ground support equipment, power design and development and test tools. Case settled.

Satellite Procurement Contract Dispute

Represented client in successfully avoiding termination of $150 million satellite procurement contract and renegotiation of the contract.

Ontario International Arbitration

Represent satellite manufacturer in international arbitration relating to satellite constructive total loss resulting in alleged damages of $400 million.

Investment in Entertainment Services and Content Companies

Represented provider of satellite services in its investment in companies delivering entertainment services and content.

In re Loral

Counsel to Boeing, Sea Launch regarding satellite launch services contracts.

ICC – Paris

Successfully represented Boeing in a major satellite arbitration before the ICC in Paris. The ICC Tribunal rejected the satellite insurers' claims and awarded Boeing full costs.

EchoStar Satellite, LLC, FEC Advisory Opinion 2006-10

Sought advisory opinion on treatment of public service announcements featuring federal candidate.

Boeing Satellite Systems International, Inc.

Representation of satellite manufacturer in contract disputes.

Boeing International Arbitration

Represented Boeing in international arbitration venued in Paris relating to satellite constructive total loss resulting in alleged damages of several hundred million dollars. The ICC issued a final decision rejecting insurers’ claims and awarding defense costs to Boeing.

Astrium, S.A.S. v. TRW Inc.

U.S. District Court for the Central District of California
U.S. Court of Appeals for the Ninth Circuit
Successfully represented Corning Inc. against product liability and commercial claims arising out of the alleged degraded performance of six telecommunication satellites, with $135 million in damages claimed. Judgment in Corning Inc.'s favor affirmed by the Ninth Circuit. 254 F. Supp. 2d 1129 (C.D. Cal. 2003), aff'd, 197 F. App'x. 575 (9th Cir. 2006)

American Arbitration Association Satellite Dispute

Represent third party in presenting evidence in international arbitration relating to $80 million in satellite insurance coverage.

Ad Hoc Ontario International Arbitration

Represent satellite manufacturer in international arbitration under UNCITRAL rules relating to satellite constructive total loss resulting in alleged damages of $400 million.

Ad Hoc International Arbitration between Satellite Owner and Satellite Insurers

Represented third party in presenting evidence related to an eight-figure insurance coverage dispute arising from the constructive total loss of a commercial communications satellite.

Matter of Intelsat General Corporation, B-412097

Protested the award of a $450 million contract to provide comprehensive satellite services contract to the United States Navy.

Underwriters for Thuraya v. Boeing Satellite Systems International Inc.

International Chamber of Commerce Arbitration
Led representation of Boeing in international arbitration venued in Paris relating to satellite constructive total loss resulting in alleged damages of several hundred million dollars. The ICC issued a final decision rejecting insurers’ claims and awarding full defense costs to Boeing.

Bid Protests

Handled multiple bid protests before the GAO and the ODRA involving wide range of issues, including unequal treatment of bidders, failure to adhere to solicitation criteria, inappropriate technical / cost - price evaluations and flawed best value analysis. Recent representative protest matters include:

  • Matter of Intelsat General Corporation, B-412097
    Led the successful protest against the award of $450 million contract to provide comprehensive satellite services contract to the United States Navy.
  • Matter of Harris IT Services Corporation, B-41169; B-411796
    Led the successful protest and developed a precedent-setting argument challenging a $335 million IDIQ contract award from the FBI for Land Mobile Radio System equipment.
  • Matter of MTU Maintenance Canada, Ltd., B-41185
    Led the successful defense of an award from the United States Air Force to The Boeing Company to maintain specialized, nuclear-hardened aircraft used to protect and convey the nation’s senior leadership in the event of nuclear war.
  • Matter of First Coast Service Options, Inc., B-409295.1
    Overturned CMS’s decision to exclude First Coast from the competitive range
  • Matter of ITT Information Systems, 12-ODRA-00628; Matter of Lockheed Martin Corporation, 12-ODRA-00631
    Led successful defense of $330 Million contract award to Harris Corporation to upgrade FAA’s air traffic control communications system.
Satellite Manufacturer

Defended a satellite manufacturer in international arbitrations in Paris and Toronto. The Paris arbitration resulted in an award for the client after a full evidentiary hearing. The adverse party in the Toronto arbitration abandoned its claims for a walk-away settlement before trial.

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