Space Sector

Overview

Crowell & Moring's Space Sector team brings together a combination of market-leading lawyers from a number of different practices, offering clients valuable depth and breadth of experience across almost every facet of the space industry. Our lawyers deploy deep sector-based knowledge drawn from past roles within the space industry and government, as well as involvement in cutting-edge space-related projects all over the world. Our team can assist with many types of projects that touch the space sector, from regulatory counseling on government contracts, international trade, environmental, and national security issues, through IP and wider commercialization strategies, to corporate and financing support.

With our deep understanding of the drivers of the new space economy, we focus on building value and unblocking your route to commercial objectives and international expansion through a wide range of legal services. We represent the world’s most innovative new space companies and have assisted many since inception. Our team also represents the pioneering entities providing private sector finance, including some of the world’s leading venture investors, private equity funds, and institutional investors.

    • IP audits covering 25 categories of intellectual assets
    • IP policy, strategy, and management
    • IP support for grant applications, collaborations and JVs
    • Technology transfer and licensing
    • Investor readiness and due diligence
    • Global filing programs for patents, trademarks, and designs
    • Trade secrets and copyright protection
    • Analysis of competitive advantage and freedom-to-operate
    • Competitor intelligence
    • Software licensing
    • Cease-and-desist and enforcement
    • IP audits covering 25 categories of intellectual assets
    • IP policy, strategy, and management
    • IP support for grant applications, collaborations and JVs
    • Technology transfer and licensing
    • Investor readiness and due diligence
    • Global filing programs for patents, trademarks, and designs
    • Trade secrets and copyright protection
    • Analysis of competitive advantage and freedom-to-operate
    • Competitor intelligence
    • Software licensing
    • Cease-and-desist and enforcement
    • Company formation and structuring
    • Shareholders agreements and founders contracts
    • Investor relations, fundraising plans, and agreements
    • Corporate governance and compliance
    • Mergers and acquisitions
    • Partnership and technical joint ventures, including cross-border
    • Asset management
    • SaaS and technology service contracts
    • Supply and procurement contracts
    • Service-level and launch service agreements
    • Company formation and structuring
    • Shareholders agreements and founders contracts
    • Investor relations, fundraising plans, and agreements
    • Corporate governance and compliance
    • Mergers and acquisitions
    • Partnership and technical joint ventures, including cross-border
    • Asset management
    • SaaS and technology service contracts
    • Supply and procurement contracts
    • Service-level and launch service agreements
    • Space-specific regulations, including different types of space licenses
    • Spectrum allocation, wider spectrum stakeholder management, and telecom authorizations
    • U.S. operational permits and EU space regulation
    • Compliance with domestic and internal national space treaties and laws
    • Compliance with aviation standards and airspace restrictions
    • Space Force and DOD oversight, and government reporting
    • Space-specific regulations, including different types of space licenses
    • Spectrum allocation, wider spectrum stakeholder management, and telecom authorizations
    • U.S. operational permits and EU space regulation
    • Compliance with domestic and internal national space treaties and laws
    • Compliance with aviation standards and airspace restrictions
    • Space Force and DOD oversight, and government reporting
    • Bidding for, maintaining, and defending government contracts connected with national interests
    • Guidance entering the government marketplace
    • FOCI Mitigation, DCSA Facility Clearance, and CFIUSNational security frameworks (UK and EU member states)
    • Government and public-private partnerships
    • Space Act Agreement and commercial space stations contracts
    • Bidding for, maintaining, and defending government contracts connected with national interests
    • Guidance entering the government marketplace
    • FOCI Mitigation, DCSA Facility Clearance, and CFIUSNational security frameworks (UK and EU member states)
    • Government and public-private partnerships
    • Space Act Agreement and commercial space stations contracts
    • Export controls and import/export licensing
    • Product and service classification, compliance programs, end-use diligence, trade sanctions, and embargoes
    • Committee on Foreign Investment in the United States (CFIUS) clearance
    • EU Foreign Direct Investment screening
    • Export controls and import/export licensing
    • Product and service classification, compliance programs, end-use diligence, trade sanctions, and embargoes
    • Committee on Foreign Investment in the United States (CFIUS) clearance
    • EU Foreign Direct Investment screening
    • Legal strategies for sustainable space exploration
    • Debris mitigation and end-of-life management
    • Environmental regulations impacting space operations
    • Legal strategies for sustainable space exploration
    • Debris mitigation and end-of-life management
    • Environmental regulations impacting space operations

Insights

Webinar | 09.03.26

Maximizing Opportunities in the EU Defense, Security and Aerospace Markets

Join our multidisciplinary team of EU and U.S. legal professionals for a practical discussion focused on helping companies successfully pursue opportunities in the EU defense, security, and aerospace markets. Rather than exploring the legal framework in theory, we will provide actionable guidance and real-world insights that can be applied directly to business operations and strategic decision-making.

Representative Matters

  • Represented a commercial space client supporting negotiations to provide its broadband connectivity in the aviation sector.
  • Conducted due diligence for technology investor considering investment related to in-orbit manufacturing.
  • Represented a leading manufacturer and operator of synthetic aperture radar (SAR) satellites in successfully defending a patent protecting the configuration of its imaging radar technology, against opposition proceedings brought by a competing defence technology company. The patent was maintained by the Opposition Division with only a minor amendment to the claims, emerging from the proceedings having survived the validity tests and remaining in force.
  • Advised administrative agent and lenders in connection with a term loan facility to a satellite imaging company.
  • Advised UAS manufacturers on compliance with remote identification regulations, including the development of technical and operational compliance strategies.
  • Working with leading space tech accelerator to educate 15 cohorts of early-stage companies and assist with IP plans and investment readiness.
  • Advising a large, U.S.-based drones association on commercial contracting issues and a data-security incident.
  • Manage a global intellectual property portfolio for an aerospace and data company that manufactures Synthetic Aperture Radar (SAR) satellites.
  • Representing spectrum intelligence and Electronic Warfare (EW) provider in a copyright infringement matter.
  • Provide IP strategy and management for a portfolio of technologies including space and satellite systems, drones and novel semiconductor materials, and navigation technologies.
  • Represented a company in negotiating and executing the purchase of rocket engines for use in space from a third-party supplier, advising on commercial terms, risk allocation, warranty provisions, and delivery obligations.
  • Represented a large commercial space company in connection with a complex fundraising transaction, advising on deal structure, investor terms, equity arrangements, and associated regulatory considerations.
  • Advised on commercial risk and liability, regulatory requirements, and the practical implications of the licensing regime for launch and operating licenses.
  • Represented a nuclear technology company in connection with its financing plan to place nuclear reactors in space-based environments.
  • Represented a large commercial space company through a Committee on Foreign Investment in the United States (CFIUS) review, including preparation of voluntary notices, coordination with government agencies, and advising on mitigation measures.
  • Provided general counsel to a European aerospace and defense company on FOCI mitigation with respect to an existing Special Security Agreement and negotiated new FOCI mitigation instruments for joint ventures.
  • Represented a U.S. engineering services firm in connection with a significant minority investment (with board representation) by an Australian defense contractor, including advising on FOCI mitigation.
  • Drafted and negotiated a comprehensive suite of commercial agreements for a launch vehicle company on both the customer and supplier sides, including launch services agreements, payload integration agreements, and mission-specific terms with satellite operator customers, as well as engine supply agreements, component procurement contracts, and subcontractor arrangements with upstream suppliers.
  • Advised multiple companies in the space sector on licensing and the development and implementation of export control compliance programs, including under the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and UK and EU equivalent export control regimes.
  • Represented an innovative energy storage company serving space and technology companies on compliance with land use requirements, environmental legislation, and energy regulations.


Insights

Webinar | 09.03.26

Maximizing Opportunities in the EU Defense, Security and Aerospace Markets

Join our multidisciplinary team of EU and U.S. legal professionals for a practical discussion focused on helping companies successfully pursue opportunities in the EU defense, security, and aerospace markets. Rather than exploring the legal framework in theory, we will provide actionable guidance and real-world insights that can be applied directly to business operations and strategic decision-making.

Professionals

Insights

Webinar | 09.03.26

Maximizing Opportunities in the EU Defense, Security and Aerospace Markets

Join our multidisciplinary team of EU and U.S. legal professionals for a practical discussion focused on helping companies successfully pursue opportunities in the EU defense, security, and aerospace markets. Rather than exploring the legal framework in theory, we will provide actionable guidance and real-world insights that can be applied directly to business operations and strategic decision-making.

Insights

Webinar | 09.03.26

Maximizing Opportunities in the EU Defense, Security and Aerospace Markets

Join our multidisciplinary team of EU and U.S. legal professionals for a practical discussion focused on helping companies successfully pursue opportunities in the EU defense, security, and aerospace markets. Rather than exploring the legal framework in theory, we will provide actionable guidance and real-world insights that can be applied directly to business operations and strategic decision-making.