Government and Defence

  • Transactions in the defence industry are unique in more than one way – they are often complex, they usually deal with high-value products, tend to be vital to the security of the State and are highly regulated. We have extensive experience acting for a wide range of international and domestic manufacturers and providers of defence equipment and technology, maritime and land security systems and dual use telecommunication systems as well as distributors, agents and financial institutions involved in defence related transactions.

     

    Our multidisciplinary team, drawn from the firm's internationally recognised commercial, regulatory, telecommunications and intellectual property and tax lawyers, offers clients experience, depth of resource and specialist expertise on the legal and regulatory aspects relating to the development, marketing, sale and export of defence-related products and services:

     

    • Structuring, negotiating and drafting complex joint venture and technology transfer agreements with government companies in the aeronautic or military field relating to co-development, sale and export of defence and security products
    • Advising on the terms of government military procurement contracts, including the impact of the rules regarding mandatory local industrial co-operation under the Mandatory Tender (Mandatory Industrial Co-operation) Regulations on the purchase of military equipment and services from non-Israeli defence contractors
    • Negotiating the terms of any permits required by the Defence Export Control Division of the Ministry of Defence in connection with the export of defence equipment, the transfer of defence know-how and the provision of defence services, including the export of encryption technology and other dual use technology that would otherwise be unlawful under Israel's implementation of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies
    • Advising on issues relating to intellectual property, transfer and protection of technologies and licensing of defence know-how
    • Representing clients in complex disputes and litigation cases relating to the defence industry
    • Representing a major international naval/marine electronics and systems company on all contractual and regulatory matters relating to its sale of major defence equipment. The transaction was complex due to the size of the transaction and the need to comply with a significant number of defence-related regulations
    • Representing one of the world's largest aeronautic space and defense companies on its joint venture with Israel's leading aeronautic and defense company, requiring development capital of approximately US $110 million
    • Representing one of Israel's leading private aeronautical companies in connection with the sale and supply of its services for certain defense related purposes and defense related regulatory matters relating to the operation of its business
    • Providing advice and reviewing an agreement for a foreign defence company for the purchase of military equipment, including concerning the need to comply with the Supervision of Products and Services Law, 1957 and relevant directives of the Ministry of Defence
    • Representing Shapir Civil and Marine Engineering Ltd. in proceedings commenced against it in respect of Shapir's bid for a tender, issued by the Ministry of Defence, to construct and maintain a major training camps complex in the Negev (in which we successfully acted for the client in having the petition dismissed)
    • Representing Raytheon Company against an opposition to its application for the registration of the "PAVEWAY" trademark, filed by its rival Lockheed Martin as part of an ongoing worldwide dispute between the parties concerning the "PAVEWAY" mark, including representing Raytheon Company in international mediation proceedings
    • Representing the State of Israel on Israel's largest BOT Project – the Cross Israel Highway (Cvish 6), including concerning the northern extension of the toll road (which extended the road by a further 50%) and on the mezzanine debt offerings made by the concessionaire of the project