Space and Satellite

Recognized Global Leader.

Milbank's Space and Satellite team’s active involvement in the commercial space & satellite marketplace is the reason our clients consider us to be the leading law firm in the sector. We differentiate ourselves from other full-service law firms by bringing to bear that experience when we counsel satellite companies, aerospace manufacturers and service providers, financial institutions and investors in structuring and implementing space projects around the world. Over 200 attorneys in each of our major practice areas and our global network of offices have worked with established corporations such as The Boeing Company and Mitsubishi Electric Corporation, to early stage ventures such as O3b Networks Ltd. and LightSquared, Inc.  Focused exclusively on the space and satellite sector, we are a multidisciplinary team concentrating in:

Commercial Space Industry Contracts

We have structured, negotiated and analyzed more than 500 satellite project agreements for the purchase of new-build or in-orbit satellites, launch services, telemetry, tracking, and command services, gateway facilities and transponder sale and satellite capacity agreements.

Satellite Finance, Corporate and M&A

We have advised on the acquisition of space companies and the financing of satellite projects involving a range of structures, including:

• Private placements of convertible debt and equity
• Investment grade and high yield offerings under Rule 144A
• Secured and unsecured bank credit facilities
• Initial public offerings
• Joint ventures, mergers and acquisitions
• Structured and project financings
• Customer financing programs offered by manufacturers
• Tax-motivated cross-border leveraged leases

Space Insurance and Risk Management

We advise financial institutions regarding satellite launch, in-orbit and third-party liability risks and work closely with satellite manufacturers and operators and launch companies in structuring risk management programs for first party loss (asset, revenue and extra expense coverages) and third party liability. We are often called upon by leading satellite operators to advise on the settlement of complex insured satellite partial and constructive total losses, including salvage arrangements, launch vehicle non-performance and related dispute resolution proceedings, including international arbitration.
 
The more than 150 satellite insurance policies we have structured, negotiated and analyzed involve:

• pre-launch, launch and in-orbit insurance
• launch and spacecraft products liability insurance
• investment protection insurance
• political risk insurance

International and Domestic Regulatory Matters

We counsel clients on the domestic and international regulation of satellites, their orbital slots and associated frequencies, on launch vehicle licensing (expendable and reusable), on the export and import of spacecraft and associated equipment and technical data and national security matters.

Intellectual Property

We are experienced in a broad range of technology and intellectual property matters in areas including patents, trademarks, trade secrets, copyrights, artists rights, false and misleading advertisements, counterfeit products, rights of privacy, franchise and gray market goods. Our patent specialists have extensive hands-on engineering experience in the fields of telecommunications, aerospace, signal processing and electronic controls, among others.

Financial Restructurings

The proven strength and experience of our leading bankruptcy and restructuring practice combines with our space industry experience to provide multidisciplinary support to official creditors committees, financial institutions, satellite operators and communications service providers.