Legal Consulting for Defense

Public Law and Public Procurement Law

Structuring Public Procurement Consulting

We support you in the legally compliant preparation of contract and tender documents, as well as in the execution of European or Germany-wide procurement procedures according to VSVgV, VgV, VOB/A-VS, GWB, and BwBBG. We help you improve your chances of acquiring public procurement contracts in the defense and security sector through legally compliant conduct.

Our focus areas

• Legal review of the necessity of a procurement procedure (e.g., general and special procurement exceptions, §§ 107, 117, 145 GWB, Art. 347 AEUV)
• Expert opinions on public procurement law issues and facts
• Preparation and optimization of contract and tender documents, such as tender/contract documents, notices, and bid and participation documents
• Support in the evaluation of bids and applications for participation; comprehensive assistance with contract negotiations and clarification meetings
• Monitoring of contract execution; in-house training; preparation of internal procurement guidelines, public procurement manuals, including templates for contract and tender documents

Public Procurement Law

Public Law and Public Procurement Law

Forensic Public Procurement Consulting

We assist you in review procedures before the public procurement chambers and senates, as well as before the ordinary courts. We endeavor to enforce or defend civil law claims for you, e.g., for damages.

Our focus areas

• Legal representation before the public procurement chambers and senates, as well as before the ordinary courts
• Preparation of legal documents (e.g., review applications, immediate appeals, statements of claim, statements of defense) in the first and second instance
• Processing of relevant information and procedural complaints
• Preparation of procedural complaints and non-remedy letters
• Expert assessment of the prospects of success in review procedures

Public Procurement Law

Sector-Specific Investment Control

Acquisitions of domestic companies in the defense sector (arms industry, defense technology, or certain security-critical IT products) by foreign acquirers may be subject to a reporting obligation with a prohibition of enforcement by the Federal Ministry for Economic Affairs and Energy under the Foreign Trade and Payments Act and the Foreign Trade and Payments Ordinance (Foreign Direct Investment (FDI)) to protect public order and security. The reporting obligation applies even to the acquisition of 10% of voting rights, meaning it covers not only classic company acquisitions but also the acquisition of minority stakes.

Our focus areas

• Assistance for sellers, buyers, and target companies in all matters of investment control
• Review of a reporting obligation, submission of the report, and representation in review procedures at the BMWE, including hearings and negotiations of conditions, among others
• Strategic legal consulting through early involvement in project planning and risk management, as well as due diligence reviews.
• Legal Project Management through standardized control of complex, including international, mandates and reporting procedures.

Foreign Trade and Payments Investment Control / FDI

Competition Law

The highly regulated defense sector, characterized by collaborations, presents companies with complex competition law requirements. In particular, company acquisitions, participations, and cooperations with other companies (e.g., in research and development) require sound competition law support. However, competition law regulations must also be observed when dealing with competitors, suppliers, and customers, as well as in cases of market power and dependence. We ensure that companies in the defense sector efficiently implement competition law requirements and avoid competition law risks, including high fines.

Our focus areas

• Execution and coordination of national and international merger control procedures and competition law transaction consulting
• Antitrust-compliant structuring of joint ventures and other cooperations of all kinds (e.g., competitors, R&D, purchasing, sustainability)
• Development of tailor-made and needs-based compliance measures and industry-specific training in competition law
• Representation in fine and administrative proceedings before antitrust authorities, internal investigations, and support during antitrust authority searches

Competition Law & Competition

Protection of Intellectual Property, Industrial Property Rights, and Trade Secret Protection

To foster innovation and protect new technologies, the safeguarding of Intellectual Property (“IP”) and industrial property rights is particularly crucial in the defense sector. License agreements between states or companies are often highly complex and require careful review. The confidentiality of projects and cooperations must also be absolutely guaranteed – especially concerning potential espionage and imitation by competitors.

Our focus areas

• Creation and review of complex license agreements for international defense or armaments projects between states and companies
• Protection and defense of trademarks and other industrial property rights, especially in exports and international collaborations
• Review and defense of copyrights to technical documentation, manuals and training materials, as well as software, e.g. for control systems, simulations or cyber defense
• Defense against the imitation of developed products or technologies by competitors
• Legally compliant protection of trade secrets such as know-how
• Creation and review of non-disclosure agreements/NDAs for projects subject to security levels
• Drafting of research and development contracts
• Legal advice on technology transfer and the transfer of IP rights
• Protection of IP rights in goods with dual use (“dual-use goods”) (e.g. military and civilian use of technologies, software, machine tools, etc.)
• Preparation for dealing with media inquiries about armaments and cooperation projects, especially with regard to maintaining confidentiality
• Defense against unlawful word and image reporting in the press

IP & Media

Mergers & Acquisitions

Transactions in the defense environment are complex – characterized by security policy requirements, regulatory hurdles and technological dynamics.
We support you in mergers, acquisitions and joint ventures in the defense sector with multidisciplinary expertise, international experience and in-depth industry knowledge.

Learn more about our M&A consulting in the defense sector here:

M&A in the Defense Sector

Export control, customs duties, sanctions

Hardly any area illustrates the saying “prevention is better than cure” as aptly as export control. The export of certain goods and technologies may either be completely prohibited or require prior authorization.

Export control does not only concern weapons of war and armaments, as is often assumed, but in particular the widespread export of so-called dual-use goods. These include, for example, machine tools, integrated electronic circuits, electrotechnical products for aerospace, software with encryption technology, ABC protective equipment and special liquids such as damping or flotation agents.

Companies in the defense and security industry bear a particularly high risk of violating economic, trade and financial sanctions or embargoes of the European Union, the Federal Republic of Germany and other countries. Violations can not only have serious economic consequences, but also criminal consequences for individuals. Therefore, the utmost care and legal precision are essential.

While sanctions used to be just a side note in corporate transactions, the situation has fundamentally changed since Russia’s attack on Ukraine. The rapidly escalating sanctions packages from the EU, USA, UK and other countries have made sanctions compliance a central component of due diligence and a decisive factor in the structuring of transaction structures and acquisition agreements.

Sanctions review/business partner DD / ad hoc special reviews and advice

• Determination of risk contacts / assessment of potential hazards
• IT-supported matching of the sanctions list (incl. UBO / shareholder identification)
• Reputation check, PEP, Adverse Media Scan, address check
• Requirements for evidence (banks, public contracts, business partners, etc.)
• Investigation of suspected cases / reporting obligations / self-disclosure
• Criminal law advice and defense in criminal proceedings

Support of export control departments / task takeover

• Address database – data extraction / IT-supported master data screening
• Hit evaluation: evaluation and creation of decision-making bases by sanctions experts
• Evaluation of supply chain and risk structures / suspicion of circumvention
• Goods inspections / customs and export control reports

Review and setup of compliance systems

• Evaluation of risk concepts
• Determination of the requirements for due diligence obligations
• ERP / ICS process/system audits
• Design of strategy and internal processes
• Internal documentation and monitoring implementation
• Review and creation of sanctions clauses, obligations of commercial agents, etc. /
  Declarations, evidence
• Interface to other CMS topics: money laundering, data protection, customs, supply chains
• Training courses and seminars