Space Law

Posternak has extensive experience representing entrepreneurs and businesses engaged in the space industry.  We regularly advise space clients regarding the complex legal issues that confront them, including properly establishing and organizing entities, obtaining financing (including private equity), protecting and utilizing intellectual property, obtaining insurance, and complying with U.S. export control laws (including the ITAR).  These legal issues affect all types of New Space business enterprises, including those engaged in developing, manufacturing and selling propulsion systems, spacecraft systems, satellites and related equipment and technology.

Representative matters

• Export control and general corporate work for a variety of commercial space enterprises, including companies engaged in designing and manufacturing propulsion systems, guidance systems, spacesuits and other space-related devices.
• Represented a client in a complex international merger of three companies providing monitoring and security related services to maritime vessels.
• Risk Management counseling for New Space companies.
• Assisted client in its financing of a company that provides satellite based services.
• Litigation regarding contract rights to Direct Broadcast Satellite (DBS) satellites.
• Represented a variety of New Space companies in commodity jurisdiction and classification determinations before the U.S. State Department and the U.S. Commerce Department.
• Negotiated and obtained approval from the U.S. State Department of numerous Technical Assistance Agreements, allowing for international collaborative work on ITAR-controlled technical data by the New Space industry.
• Testified before the Defense Science Board regarding suggested changes to the ITAR.
• Represented a developer and manufacturer of advanced atomic frequency standards in connection with its work on the United States Air Force’s GPS III program.
• Represented a developer and manufacturer of advanced space-based laser systems in connection with multiple Department of Defense procurement contracts.
• Represented a co-developer and marketer of a product, which allows for remote reading of utility meters, making use of a satellite message.
• Negotiated contracts relating to satellite television distribution to over one million rural subscribers.
• Assisted client in investment in companies that provide telecommunications and related services and distribution of these services.
• Negotiated a contract with a cable TV network for installation of an internet access system for their subscribers.
• Contract work relating to software used in the space industry.
• Represented a venture capital investor in a Broadband satellite internet access system.
• Represented an internet company which transmits satellite images in 3-D format.
• Contract work for the Space Frontier Foundation project for NASA, addressing assessment, outreach and future research of environmental safety factors related to space solar power.

Space Law: Related Services Areas

Space Law: Professionals

Space Law: Publications