Corporate

Mergers, acquisitions, and divestitures in the A&D sector present distinct legal and operational challenges—especially when the target company performs work for the U.S. government. From national security concerns to contract novation and post-close integration, these transactions require precision, foresight, and deep regulatory fluency.

This session offers a comprehensive guide to buying, selling, or merging with a federal contractor in 2025, including:

• Foreign Ownership and CFIUS Review: Managing Committee on Foreign Investment in the United States (CFIUS) risk and mitigation strategies for sensitive technologies and cleared facilities.
• Security Clearances and Facility Access: Navigating National Industrial Security Program (NISP) requirements, facility security clearance requirements and continuity of classified work.
• Intellectual Property and Data Rights: Preserving government-use rights, invention and technical data protections, and proprietary innovations during due diligence and integration.
• Small Business Status and Set-Aside Eligibility: Assessing size recertification triggers and implications for SBA programs and contract eligibility.
• Due Diligence and Compliance Risk: Identifying red flags in past performance, ethics disclosures, cybersecurity posture, and supply chain integrity.
• Post-Transaction Integration: Strategies for contract novation, innovation continuity, and aligning business systems with federal expectations.

Much of the buzz around NewSpace still highlights visionary startups with bold ideas, youthful energy, and a Silicon Valley mindset. While these attributes are fueling innovation, legal practitioners working in this sector also see the other side of the story: the hard realities of raising capital on the strength of early-stage business plans, difficulty in establishing brands and market differentiation, and the costly, time-intensive process of developing robust technology that can meet demanding regulatory and customer requirements.

This session examines teaming arrangements as a powerful accelerant for growth—not only for startups seeking capital, credibility, and supply-chain access, but also for larger aerospace players and investors looking for innovation. Panelists will address:

• Strategies for structuring partnerships between unequal parties, such as NewSpace entrants and established primes.
• Contracting considerations around risk allocation, responsibility, and IP protection.
• Practical approaches to navigating regulatory uncertainties in a fast-evolving sector.
• Case studies on how collaborative arrangements can create win-win outcomes that jump-start commercialization and long-term value.