Your law firm for defense and security
Public security and defense issues are highly topical. The Ukraine conflict and the general international situation are forcing the EU member states
to increase their efforts in the area of defense. The public expects the government to respond to this as well as to the security situation at home.
The defense industry will not be able to meet the increased demand
for equipment without investment in industrial capacity and research and development. In turn, the public sector will not only have to procure equipment,
but also expand and improve the infrastructure. National and international cooperation to meet the growing and increasingly urgent demand
makes national and international cooperation on both sides likely and necessary.
At the same time, specific legal issues arise for both companies and the public sector.
CBH has responded to this by putting together a practice group of experts in various areas of law for the sector. Not only does this group have the legal expertise,
but some of its members, as former officers in the German Armed Forces and officials of the European Commission, also have the appropriate networks.
Our main areas of expertise for your individual legal advice
Cooperation with our partner Holland & Knight
In the field of Defense and Security, we have a strong collaboration with Holland & Knight, one of the leading law firms in the US with around 2,200 lawyers
and five international offices, as well as relationships with legal colleagues in a majority of the countries around the world.
The firm has outstanding expertise in the areas of defence and homeland security and is well connected in the defense and security industry and political circles in the United States.
Holland & Knight’s National Security & Defense Industry Sector Group helps clients navigate the increasingly complex national security landscape.
Their clients range from major defense contractors and system integrators to emerging companies with dual-use technologies, as well as strategic and financial investors
in the areas of defense and aerospace, government services and technology sectors.
Thanks to their extensive expertise, valuable contacts and many years of experience, the lawyers at Holland & Knight develop tailored legal,
political and operational solutions – with a clear focus on the individual requirements of their clients.
What makes us special
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Cross-jurisdictional
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Highly specialised
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Broadly diversified expertise through
our strategic focus areas
Expertise and main areas of activity
Our lawyers specialising in defence and security offer competent and comprehensive legal advice,
which is precisely tailored to the security policy, regulatory and economic requirements of our clients.
By analysing the national and international security environment at an early stage, we ensure that legal,
strategic and operational interests are optimally bundled and protected.
Public Procurement and State Aid Law
CBH advises and assists companies in all phases of a public procurement procedure, from the initial planning to the award of the contract, as well as in the execution of public contracts. The members of our Defense and Security practice group draw on many years of experience in advising companies and public clients on public procurement law in numerous sectors, in particular in providing comprehensive advice and support to companies in the security and defense sector. Our expertise extends to procurement procedures at both the national and European level.
Areas of Expertise
- Procurement strategy: We advise companies throughout the entire procurement process, from bidding for public contracts to contract drafting, price negotiations and contract execution.
- Contract execution: Procurement law must also be complied with after the contract has been awarded. We are familiar with the due diligence requirements and the resulting risks for companies working for public clients. The same applies to patent infringement, which can lead to bidders being excluded from the process, and to changes in the contract that result in public contracts having to be retendered. We provide comprehensive advice on these matters and develop legally watertight solutions for our clients.
- Legal disputes: In the event of legal violations in the procurement procedure, including direct awards of defence contracts in violation of EU law, or in the execution of the contract, we conduct legal disputes before the public procurement tribunals, the higher regional courts, the European Commission and the European Court of Justice. When dealing with foreign countries, we can rely on a solid network of European partner law firms.
Research and Development/Licenses/ Intellectual Property Rights
CBH advises companies from the initial idea to the exploitation of intellectual property rights and their enforcement against competitors. The members of our Defense and Security practice group have many years of professional experience and a high level of expertise regarding all types of research and development agreements, licenses and technology transfer projects. In addition, CBH is the leading law firm in Germany in the field of employee invention law.
Areas of Expertise
- Research and Development: We advise companies on the design of research and development contracts, on cooperation with universities and research centres, and on state aid and competition law.
- Employee inventions and employee copyrights: Almost 90% of all technical inventions are completed by employees. The legally secure handling of employee inventions and development results protected by copyright is therefore indispensable for success-oriented companies. We support our clients in implementing incentive and flat-rate remuneration systems, inventor remuneration and, if necessary, before the Arbitration Board for Employee Inventions and the courts.
- Technology transfer and licences: Successful technology exploitation requires a secure contractual basis. We advise our clients on the design and conclusion of technology transfer agreements of all kinds, as well as on internal compliance. The area of software development is particularly prone to licence conflicts. This applies above all to the implementation of open source software. If licence conflicts are only discovered at a late stage in product development or after new products have been placed on the market, there is a risk of high costs, damages and sanctions.
Commercial and Corporate Law
CBH advises companies in every phase of their business cycle and in all aspects of their business activities, including financing, growth, protection of their corporate bodies and strategic business opportunities. In addition, the members of our
Defense and Security practice group have in-depth experience in the out-of-court resolution of disputes, such as the enforcement of your interests before state courts or in arbitration proceedings.
Areas of Expertise
- M&A: We advise buyers, sellers, investors and other market participants in the defense and security sector on national and international transactions, whether it is an acquisition or an investment in start-ups or established companies.
- Commercial and corporate law: We advise public and private companies in every phase from formation to operation in all matters of commercial and corporate law. This applies to advising the organs as well as to the design of mezzanine financing and strategic participations, joint ventures or other forms of cooperation or classic commercial contracts.
- Litigation: The members of our practice group have many years of experience in resolving disputes, from mediation and arbitration proceedings to legal representation.
Financing
The defense and security industry faces complex financing challenges that require specialised legal advice. CBH assists companies in the defense industry through all phases of financing projects with customised legal advice.
Areas of Expertise
- Classic bank loans: We provide support in negotiating and structuring loan agreements, paying particular attention to industry-specific risk profiles and collateral requirements. In doing so, we take into account the unique challenges of the defence industry, such as long development cycles and special regulatory requirements.
- Syndicated loans: Our experts coordinate complex financing structures with several lenders, in particular for major defense modernisation projects.
- Bond issues: We provide comprehensive legal advice on the placement of corporate bonds to finance infrastructure and development projects. We ensure that the issue meets the specific requirements of the defense sector while also being attractive to investors.
- Group financing: CBH designs efficient financial architectures within corporate groups, taking into account the industry's specific regulatory framework. We optimise internal cash flows, taking into account the special compliance requirements of the defense sector.
- Private equity: We support due diligence processes and transactions involving investments in security-relevant companies. In doing so, we take into account national security interests and support compliance with investment control regulations.
- European Investment Bank: Our experts support the structuring and implementation of projects funded by the European Defence Fund. We navigate the complex requirements of European institutions and help secure financing for innovative defense projects.
CBH pays particular attention to the integration of ESG criteria into financing structures. We develop sustainable security concepts for ‘Green Defense’ projects, support the certification of supply chains according to EU taxonomy requirements and design sustainability criteria in military procurement contracts.
Infrastructure
In addition to traditional infrastructure projects, the planning and realisation of security and defense-related facilities is becoming increasingly important.
This applies in particular – but not exclusively – to the construction and expansion of barracks, training areas, logistics and armaments sites, as well as the development of critical infrastructure such as communication networks, energy supply or disaster protection facilities.
Existing and new critical infrastructure facilities and installations must be hardened and built to be resilient. In addition to the existing legal requirements for cyber security, the physical resilience of critical infrastructure is to be further strengthened by the KRITIS Umbrella Act, which is currently in the legislative process.
All of these projects are challenging to plan and implement. At the same time, such projects are regularly met with criticism. There is great public interest.
We support licensing authorities and project sponsors from the beginning of the planning phase through the construction phase to the ground-breaking ceremony and beyond, in order to carry out the project in compliance with the law, to achieve the necessary measures to attain the required physical resilience of their facilities and to reconcile the often conflicting interests of third parties in accordance with the requirements of national security and the project sponsor.
Areas of Expertise
- Support in the preparation of urban development plans for security-relevant infrastructure
- Support in plan approval procedures, in particular for military and critical infrastructure
- Support in approval procedures for defense and security projects
- Advising operators of critical infrastructure facilities and installations on the necessary measures for hardening their existing facilities and installations
- Legal support for projects for the construction of critical infrastructure facilities and installations
- Legal project management for the planning and construction of military properties and security-relevant buildings
- Legal representation of the administration or the project sponsor up to the Federal Administrative Court
- Support in procedures for the transfer of ownership, expropriation and compensation for expropriation, in particular for projects in the national security interest
KRITIS facilities and security law
CBH advises operators of critical infrastructure on how to fulfil their legal obligations in all phases of KRITIS facilities. This includes planning, approvals, construction, acceptance, operation and decommissioning. We also support companies and experts involved in planning and executing KRITIS facilities and related resilience solutions.
CBH develops an overall solution concept that is legally compliant and comprehensively takes into account the requirements resulting from the classification of KRITIS facilities, as well as other safety-related requirements, such as those arising from occupational health and safety and fire protection law.
CBH has a broad network of experts and providers of security solutions and resilience measures, including drone defence systems, explosion-proof walls and facades, bulletproof walls, security closures (doors, gates and windows), and property surveillance, security and defence systems. This gives KRITIS facility operators access to a well-coordinated network of partners who can provide them with efficient, comprehensive advice and support. This includes legally compliant assessments of operator obligations, risk analyses and evaluations, resulting resilience plans, and the implementation of specified resilience measures.
Areas of Expertise
- Advice on the CER Directive and its implementation in the planned ‘KRITIS-Dachgesetz’: Operators of KRITIS facilities are to be subject to a number of legal obligations. These are to include reporting/registration obligations, obligations to prepare risk analyses and assessments, and the preparation of a resilience plan and implementation of the resilience measures described therein. CBH advises operators of KRITIS facilities on the assessment and preparation of the legal obligations that are emerging for them.
- Advice on all issues of ‘cybersecurity’ arising from the BSIG, BSI-KritisV and the implementation of the NIS 2 Directive.
- Advising managers as the addressees of implementation and monitoring obligations and the resulting liability risks.
- Advising on and dealing with specific labour law obligations of operators of KRITIS facilities.
- Advising and supporting experts in the preparation of legally compliant risk assessments and resilience plans.
- Comprehensive advice to companies offering resilience solutions.
Europe
The European Union will play a greater role in the coordinated defense policy of the member states in the future. Various initiatives range from a common budget to joint arms orders.
Areas of Expertise
- EU/NATO funding: Through our partnership with Concilius Europe and EUFundingHub in Brussels, we can help our clients participate in the various EU and NATO funding and procurement programmes for the defense sector. These include the European Defence Industrial Program (EDIP), the European Peace Facility (EPF), the European Defence Industrial Strategy (EDIS), the European Defence Fund (EDF), the Defence Innovation Accelerator for the North Atlantic (DIANA), the NATO Innovation Fund (NIF), the NATO Defence Production Action Plan, the NATO Support and Procurement Agency (NSPA) and the programmes of the European Investment Bank (EIB), which are currently still limited to dual-use goods.
- EU research and innovation programmes: We have extensive experience in both traditional research and development contracts and their coordination with European funding programmes.
- Cooperation between the EU and the USA: With our strong partner in the USA, we are able to support you in cooperation, both interstate and in joint ventures between companies.
- Foreign trade: National and international restrictions, from investment audits to the War Weapons Control Act, are constantly changing. We keep track of these changes and advise you on the drafting of contracts.
- CBH is a member of the European network ‘IUROPE’. Members are law firms from all over Europe, from the Baltic States to Portugal. The principle of ‘one country, one member’ applies. We therefore know each other personally and have been working together for many years.
We are a member of the Federation of German Security and Defence Industries (BDSV). The BDSV is the central representative body for the German security and defence industry. It represents companies in the sector and promotes dialogue between industry and government agencies.
Our membership is an expression of our ongoing commitment to this sector. It strengthens our ties to players in industry, politics and administration and enables direct exchange on current developments and emerging challenges.
This allows us to deepen our expertise in a sector that is of particular importance in view of the security situation in Europe and the growing demands on national and international cooperation.