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NewSpace: The Commercial Space Industry

Contacts

Nancy A. Fischer
Partner, Washington, DC
T: +1.202.663.8965
Ronald Fleming
Partner, New York
T: +1.212.858.1143
Steven Kaplan
Partner, Northern Virginia
T: +1.703.770.7706
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Areas of Focus

The commercial challenges—and related legal considerations—that accompany the exploration and utilization of space are no longer issues of the future.

Investment in the sector is pouring in as innovative startups finance and launch ambitious new tools to aggregate and share space data, mine off-Earth minerals and resources, clean up debris to protect space-based assets, deploy solar cells to generate power, and advance additive and other in-space manufacturing solutions. Continued developments in satellite technology—such as SmallSats, CubeSats and Low Earth Orbit mega constellations—are rapidly improving high-speed internet access and telecommunications reliability. Space tourism, once limited to the pages of science fiction, is now verging on mainstream. And government entities are increasingly embracing public-private partnerships to achieve federal space objectives and bolster national security.

Pillsbury’s Space Law team helps clients anticipate and tackle these and the myriad other issues that accompany the arrival of the “final frontier.” Our lawyers help NewSpace businesses secure the financing needed to bring new ideas to market and protect the intellectual property that defines them. We work with established companies as they acquire and deploy space-related technologies and advise satellite manufacturers and telecom providers on agency approvals, licensing, international trade and sanctions matters, and a host of other complex compliance challenges. We also draft and negotiate space-related commercial contracts and defend clients’ positions when those rights and agreements are violated, both in and out of court.

Representative Experience

Emerging Companies and Venture Capital

  • Represented reusable rocket developer Stoke Space Technologies, Inc. in several rounds of funding including its $65 million funding round led by Bill Gates’ Breakthrough Energy Ventures (this was the largest pure Series A investment ever for a space company at the time), its investment from In-Q-Tel, the strategic investor for the U.S. intelligence and defense community, and its $100 million Series B financing round led by Industrious Ventures.
  • Represented AT&T in its participation in the $155 million fundraising for AST SpaceMobile—a company building the first and only space-based cellular broadband network accessible directly by everyday smartphones.
  • Represented Proteus Space, operator of a space company aimed at providing small satellite systems integration services, in its seed round led by Moonshots Capital, as well as in general corporate governance matters.

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  • Emerging Companies and Venture Capital (cont'd)
    • Represented Vector Launch, developer of microsatellites intended to connect space startups and innovators with reliable space access, in general corporate matters.
    • Represented Streamlined Ventures as lead investor in connection with its investment in Antaris—the software platform for space.
  • Mergers & Acquisitions
    • Represented Apogee Parent as the acquiring entity in connection with the pending take-private acquisition of Astra Space, Inc.
    • Represented UltiSat Inc., a leading provider of remote communications and professional services to governments, IGOs and NGOs, in its formation, private equity financing, credit facilities, M&A, regulatory advice, and its acquisition by Speedcast International Limited, extending Speedcast's remote communications leadership into the government sector.
    • Represented Synaptech, an innovator in space defense through its proprietary software, in its sale to LMI, expanding LMI’s presence in the space industry.
    • Represented Numerica in the sale of its space tracking business unit to Slingshot Aerospace.
    • Represented General Atomics in its acquisition of the majority of the assets of Surrey Satellite Technology US LLC, provider of innovative small satellite technologies, systems and services.
    • Represented an Australian telecommunications company in its acquisition of orbital slots for the first privately owned satellite program in Australia.
    • Represented Cowen and Company as financial advisor in connection with SpaceDev, Inc.’s acquisition by Sierra Nevada Corporation.
    • Advised on M&A-related matters involving private equity companies making investments in satellite service providers.
  • Regulatory
    • Represented Intelsat, the largest global satellite provider, on sanctions and export controls matters.
    • Represented satellite companies Echostar, Ligado, 03B Networks, SES and XM Radio, in regulatory and/or transactional matters.
    • Represented UltiSat/Speedcast in connection with the reorganization and facility clearance/export controls/CFIUS work.
    • Represented Rivada, a new low orbit satellite company, on trade matters.
    • Represented American satellite communications company Ligado Networks (formerly LightSquared), in connection with export controls.
    • Advised on obtaining license authorizations for broadcast clients for the delivery of network programming.
    • Counseled clients in the FCC’s NGSO satellite filing windows.
    • Advised on obtaining license authorizations for B2B clients providing data services to commercial shipping companies (Earth Stations in Motion).
    • Pursued funding for space/satellite related accounts, including for cybersecurity components related to the same.
    • Advised on satellite licensing and spectrum-related issues at the FCC.
  • Commercial Contracts
    • Negotiated a satellite equipment production agreement and assisted on commercial agreements for Proteus, manufacturer of satellites.
    • Represented Lockheed Satellite Systems (Sunnyvale) on contract counseling and limitation of liability issues.
    • Represented an Australian telecommunications company in the negotiation of complex partnership and system procurement agreements for the first privately owned satellite program in Australia.
    • Represented Arianespace, the world’s leading commercial launch service provider, in reviewing the [then] largest commercial launch contract in history ($1.3 billion).
    • Represented Bulgaria Sat EAD in legal opinions with respect to customer contracts and related consents to assignment in connection with a satellite financing led by EXIM Bank.
    • Represented Honeywell International on government contract matters, including response to Commerce RFI for industrial base (space).
  • Intellectual Property
    • Represented Atlas Space Operations on patent prosecution issues involving satellite communications.
    • Represented Space Data Corporation in a trade secret and patent infringement dispute against Alphabet Inc. regarding balloon-based stratospheric internet networks.
    • Represented Raytheon Space and Airborne Systems on a variety of patent prosecution matters relating to spacecraft systems and technologies.
    • Defended space rocket manufacturer Vector Launch against trademark infringement claims, leading to a favorable settlement.
    • Litigated trademark registration issues adverse to SpaceX (Subaru v. SpaceX), concerning the STARLINK mark.
    • Counseled clients on trademark procurement and registration for commercial activities in space (e.g., mining).
    • Advised on various patent litigation cases involving spacecraft, satellites, satellite communications, and GPS.
    • Negotiated agreements on behalf of companies that were making both spacecraft and satellites.
    • Represented Airbus and Stoke Space Technologies, Inc. on trademark matters in connection with rockets and other space-related areas.
  • Finance & Restructuring
    • Represented an Australian telecommunications company in obtaining both equity and export-credit backed project financing for the first privately owned satellite program in Australia.
    • Served as debtor’s counsel for a rocket manufacturing and satellite technology company (In re VL Wind Down f/k/a Vector Launch, Inc.).
  • Disputes & Investigations
    • Represented a major U.S. aerospace company in connection with internal investigations of possible FCPA violations in China, Greece, Spain, Argentina, Saudi Arabia and Indonesia.
    • Represented a major U.S. aerospace company in connection with payments made under contracts with a Russian-based service provider.
    • Represented a U.S. satellite manufacturer against a Bulgarian provider of direct TV and internet services in a successful arbitration after the buyer defaulted on its financial obligations.
    • Represented Boeing Satellite Systems in a claim adverse to NASA related to the Geostationary Operational Environmental System weather satellites that Boeing delivered to the National Oceanic and Atmospheric Administration (NOAA).
    • Represented Boeing Satellite Systems in a claim adverse to Binariang Satellite Systems related to the MEASAT-1 satellite that Boeing provided for Malaysia and India communications.
  • Insurance Recovery & Advisory
    • Represented Northrop Grumman with respect to insurance coverage advice regarding a new space shuttle project.
    • Represented a major space company on a variety of insurance-related matters.
  • Employment
    • Provided employment law guidance and counsel to Stoke Space Technologies, Inc., including on issues related to liability waivers for rocket launches and the intersection of the ITAR and EAR, and discrimination in recruiting and hiring.
  • Construction/Real Estate
    • Provided employment law guidance and counsel to Stoke Space Technologies, Inc., including on issues related to liability waivers for rocket launches and the intersection of the ITAR and EAR, and discrimination in recruiting and hiring.

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