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Unmanned Aircraft Systems – Drones

Industry Team

  • Federal Aviation Administration Effectuates New Rules Regarding the Use of Drones
Profile
Sectors
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People

It’s an exciting time for the Unmanned Aircraft Systems (UAS) or ‘drone’ industry in New York state. No matter if you’re a large or small business, drones are taking off in a big way. And while there are going to be legal issues, the good news is that this dynamic industry is poised for tremendous growth—and that’s good news for your business.

New York is one of a few, select test sites for drones in the US and will receive millions in funding from the state as well as NASA to help spur innovation in this industry. And with the Federal Aviation Administration’s (FAA) new Part 107 regulations, commercial use of drones is predicted to skyrocket, along with the manufacturing and technology industries that support the UAS industry. So whatever type of legal challenges your business is facing—from navigating government contracts and securing IP protection to mitigating risk and enhancing cybersecurity — we have the experience to give you insightful, appropriate solutions designed to help you continue to expand your business.

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Compliance

Audits and Program Implementation

  • We advise on domestic and foreign laws affecting key aspects of your current or planned operations, identifying what those laws require, and how the compliance function may be used to obtain competitive business advantage.
  • We design and implement cost-effective solutions for your business in light of changing requirements or enforcement policies.

Maintenance and Training

  • We gauge the effectiveness of your compliance effort by measuring criteria which includes how programs are kept current with legal developments and how carefully those programs are disseminated to managers and employees.
  • Our attorneys identify related corporate and executive retention issues, such as how to structure obligations to provide indemnification and defense costs in a manner consistent with your company’s desire to achieve favorable treatment in a governmental investigation or enforcement proceeding.

Corporate

  • We act as trusted advisors for our UAS clients on everything from entity formation and operation agreements to navigating tax implications to business succession planning. We also counsel on forming and negotiating joint ventures involving high-tech, cutting-edge research.
  • We bring a strategic approach, vast experience and commitment to efficient execution of matters because we take pride in making our clients’ business our business.

Cybersecurity

Unmanned drones’ flight paths are typically programmed from a networked computer or subject to inflight control from ground and their command signals are subject to being breached by bad actors seeking to harm your operations. To address this risk, we offer the following services:

  • Assess your incident response plans in the event of a cyber-related incident.
  • Identify gaps in your critical data areas and suggest options for closing them through a combination of policy, technology, and human capital training.
  • Evaluate the strength of your contractual and insurance indemnification agreements for protection against cyber incidents.
  • Analysis of your cybersecurity compliance plans as they relate to UAS.

Government Contracting

  • We counsel clients on qualifying and registering as a vendor to government agencies such as the FAA, NASA, Department of Justice and Department of Defense.
  • Our attorneys advise on the applicability and requirements of Federal Acquisition Regulations (FARs) and Defense Federal Acquisition Regulations (DFARs) to government contractors and subcontractors.
  • We draft and assist with implementation of compliance programs consistent with governmental requirements or industry standards.

Import/Export Controls and Licensing

  • We advise on handling defense-related articles, services or technical data under the International Trafficking In Arms Regulations (ITAR).
  • We counsel on the classification and export of civilian products and technologies that may also have “dual use” military applications under the Export Administration Regulations (EAR).
  • We will determine if an export license or special operational practices are necessary to avoid inadvertent ‘deemed export’ violations of federal law when export-controlled items are shown to foreign nationals within US borders.

Insurance and Risk Management

Much of the insurance industry can sometimes be unfamiliar with both the technology and the scope of drone risk within their portfolios, and insureds fail to appreciate all of the issues that may occur within their existing insurance structures in reference to this exposure. Our insurance coverage group, and insurance consulting group, has substantive experience with drone-related insurance coverage, from both an in-house and external-counsel perspective, and can:

  • Assist companies engaging in drone-related commercial undertakings, or the insurance companies that write them, in understanding the scope of their risk and assist in designing an adequate risk transfer, or risk sharing, solution and handle loss or claims under existing policies of insurance, with particular attention to:
    • Assessing coverage for security related risks for staff (proper vetting, experience and other issues which could resulting in coverage issues)
    • Creating new policy wordings and forms to improve and streamline coverage
    • Determining coverage for exposure of operations to cyber-related attacks
    • Assessing coverage for terrorist acts
    • Developing crisis management coverage
    • Offering proper claims handling, administration, and loss/cost control within your coverage/policy form

Intellectual Property

  • We advise on the development, purchase sale and licensing of intellectual property (IP) on a global basis including wide-ranging litigation experience on patent infringement, trade dress, trade secrets and unfair competition.
  • We draft non-compete agreements and can handle dispute resolution you may face.

Litigation

  • Our attorneys litigate business disputes involving commercial contracts in a wide variety of areas including the purchase and sale of businesses, utility contracts, contracts of intellectual property, construction contracts and partnership disputes.
  • We handle allegations of improper conduct and unfair trade practices.

US Economic Sanctions Programs

  • Our attorneys help you navigate various prohibitions and restrictions on doing business in certain designated circumstances embodied in the sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (OFAC).
  • We conduct due diligence investigation of potential overseas clients or markets.
  • We advise management on identifying and carefully exploiting new markets (such as Cuba and Iran) as US sanctions policy changes and General Licenses to conduct business are expanded.
  • Provided trademark prosecution and export control advice to software company that monitors the integrity of autonomous systems, including drone flight management.
  • Prepared and prosecuted patent applications for wind tunnel testing of drones in fully autonomous operating modes.
  • Represented drone start-up and technology incubator in patent licensing dispute.
  • Assisted contract managers and compliance officers of various airframe, guidance system and sighting device companies in navigating the application and practical requirements of FAR, DFAR and Naval Sea Systems Command (NAVSEA) regulations under federal procurement contracts.
  • Advised on handling defense articles, defense services and technical data under the ITAR Regulations, and handling ‘dual use’ items under the Export  Administration Regulations.
  • Updated contracts, purchase orders and other written communications for international sales with provisions—some required by law—allocating responsibility for compliance with applicable trade laws, and setting the details of international dispute resolution should issues arise with offshore business counterparties.

Team Leader(s)

James Muldoon

James R. Muldoon

Member

Team

All Insights, All Publications, Legal Alert |
 May 3, 2021
Federal Aviation Administration Effectuates New Rules Regarding the Use of Drones
On April 21, 2021, the Federal Aviation Administration’s (FAA) long awaited final rules regarding the use of drones took effect and are a si...read more
All Insights, All Blogs, Covid-19, Immigration Blog |
 July 24, 2020
I-9 Compliance in a Pandemic World: Advice for Employers
In welcome news for employers, the U.S. Department of Homeland Security (DHS) has once again agreed to extend its exercise of discretion to ...read more
All Insights, All Publications, Covid-19, Legal Alert |
 June 26, 2020
New York, New Jersey and Connecticut Issue Travel Advisory Requiring Quarantines for Travelers from Other States
Following publication of this Alert, Gov. Cuomo issued an Executive Order making an important change to employee leave rights related to vol...read more
All Insights, All Publications, Covid-19, Legal Alert |
 May 21, 2020
New York State Courts to Expand New Lawsuit Filings via NYSCEF and Continue Limited In-Person Reopening Process
By press release and memorandum, the New York State Unified Court System announced that beginning on May 21, 2020, it will permit parties to...read more
All Insights, All Publications, Covid-19, Legal Alert |
 May 15, 2020
New York State Courts to Carefully Reopen In-Person Processes in Thirty Upstate Counties with Restrictions in Place Statewide
By press release, the New York State Unified Court System announced a gradual return to in-person courthouse operations for thirty upstate, ...read more
All Insights, Advisory, All Publications, Covid-19 |
 April 23, 2020
Summary of New York Executive Orders During COVID Pandemic
New York State Gov. Andrew M. Cuomo declared a statewide disaster emergency on March 7, 2020, in direct response to the ongoing COVID-19 pan...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 9, 2020
Summarizing Gov. Cuomo’s Latest COVID-19 Executive Order – No. 202.14
Gov. Andrew Cuomo issued New York State Executive Order ("EO") No. 202.14, the 15th  EO issued during the COVID-19 state of emergency. These...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 1, 2020
Emergency Loans Available to Small Businesses Under CARES Act
Congress has acted in support of small businesses in the wake of the COVID-19 pandemic by low-interest federal disaster loans for working ca...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 1, 2020
Fast Facts on Paycheck Protection Program Under COVID-19 Relief Bill
The CARES Act (the "Act"), signed into law on March 27, is a wide-sweeping stimulus package, estimated at $2.2 trillion, that provides small...read more

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Unmanned Aircraft Systems – Drones

Industry Team

■ Profile

It’s an exciting time for the Unmanned Aircraft Systems (UAS) or ‘drone’ industry in New York state. No matter if you’re a large or small business, drones are taking off in a big way. And while there are going to be legal issues, the good news is that this dynamic industry is poised for tremendous growth—and that’s good news for your business.

New York is one of a few, select test sites for drones in the US and will receive millions in funding from the state as well as NASA to help spur innovation in this industry. And with the Federal Aviation Administration’s (FAA) new Part 107 regulations, commercial use of drones is predicted to skyrocket, along with the manufacturing and technology industries that support the UAS industry. So whatever type of legal challenges your business is facing—from navigating government contracts and securing IP protection to mitigating risk and enhancing cybersecurity — we have the experience to give you insightful, appropriate solutions designed to help you continue to expand your business.

■ Services

Compliance

Audits and Program Implementation

  • We advise on domestic and foreign laws affecting key aspects of your current or planned operations, identifying what those laws require, and how the compliance function may be used to obtain competitive business advantage.
  • We design and implement cost-effective solutions for your business in light of changing requirements or enforcement policies.

Maintenance and Training

  • We gauge the effectiveness of your compliance effort by measuring criteria which includes how programs are kept current with legal developments and how carefully those programs are disseminated to managers and employees.
  • Our attorneys identify related corporate and executive retention issues, such as how to structure obligations to provide indemnification and defense costs in a manner consistent with your company’s desire to achieve favorable treatment in a governmental investigation or enforcement proceeding.

Corporate

  • We act as trusted advisors for our UAS clients on everything from entity formation and operation agreements to navigating tax implications to business succession planning. We also counsel on forming and negotiating joint ventures involving high-tech, cutting-edge research.
  • We bring a strategic approach, vast experience and commitment to efficient execution of matters because we take pride in making our clients’ business our business.

Cybersecurity

Unmanned drones’ flight paths are typically programmed from a networked computer or subject to inflight control from ground and their command signals are subject to being breached by bad actors seeking to harm your operations. To address this risk, we offer the following services:

  • Assess your incident response plans in the event of a cyber-related incident.
  • Identify gaps in your critical data areas and suggest options for closing them through a combination of policy, technology, and human capital training.
  • Evaluate the strength of your contractual and insurance indemnification agreements for protection against cyber incidents.
  • Analysis of your cybersecurity compliance plans as they relate to UAS.

Government Contracting

  • We counsel clients on qualifying and registering as a vendor to government agencies such as the FAA, NASA, Department of Justice and Department of Defense.
  • Our attorneys advise on the applicability and requirements of Federal Acquisition Regulations (FARs) and Defense Federal Acquisition Regulations (DFARs) to government contractors and subcontractors.
  • We draft and assist with implementation of compliance programs consistent with governmental requirements or industry standards.

Import/Export Controls and Licensing

  • We advise on handling defense-related articles, services or technical data under the International Trafficking In Arms Regulations (ITAR).
  • We counsel on the classification and export of civilian products and technologies that may also have “dual use” military applications under the Export Administration Regulations (EAR).
  • We will determine if an export license or special operational practices are necessary to avoid inadvertent ‘deemed export’ violations of federal law when export-controlled items are shown to foreign nationals within US borders.

Insurance and Risk Management

Much of the insurance industry can sometimes be unfamiliar with both the technology and the scope of drone risk within their portfolios, and insureds fail to appreciate all of the issues that may occur within their existing insurance structures in reference to this exposure. Our insurance coverage group, and insurance consulting group, has substantive experience with drone-related insurance coverage, from both an in-house and external-counsel perspective, and can:

  • Assist companies engaging in drone-related commercial undertakings, or the insurance companies that write them, in understanding the scope of their risk and assist in designing an adequate risk transfer, or risk sharing, solution and handle loss or claims under existing policies of insurance, with particular attention to:
    • Assessing coverage for security related risks for staff (proper vetting, experience and other issues which could resulting in coverage issues)
    • Creating new policy wordings and forms to improve and streamline coverage
    • Determining coverage for exposure of operations to cyber-related attacks
    • Assessing coverage for terrorist acts
    • Developing crisis management coverage
    • Offering proper claims handling, administration, and loss/cost control within your coverage/policy form

Intellectual Property

  • We advise on the development, purchase sale and licensing of intellectual property (IP) on a global basis including wide-ranging litigation experience on patent infringement, trade dress, trade secrets and unfair competition.
  • We draft non-compete agreements and can handle dispute resolution you may face.

Litigation

  • Our attorneys litigate business disputes involving commercial contracts in a wide variety of areas including the purchase and sale of businesses, utility contracts, contracts of intellectual property, construction contracts and partnership disputes.
  • We handle allegations of improper conduct and unfair trade practices.

US Economic Sanctions Programs

  • Our attorneys help you navigate various prohibitions and restrictions on doing business in certain designated circumstances embodied in the sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (OFAC).
  • We conduct due diligence investigation of potential overseas clients or markets.
  • We advise management on identifying and carefully exploiting new markets (such as Cuba and Iran) as US sanctions policy changes and General Licenses to conduct business are expanded.

■ People

Team Leaders

James R. Muldoon

Member
(315) 214-2021
jmuldoon@harrisbeach.com

Team

Susan M. Crossett

Consultant
(315) 214-2044

Abbie Eliasberg Fuchs

Member
(212) 313-5408
afuchs@harrisbeach.com

Douglas E. Gerhardt

Member
(518) 701-2738
dgerhardt@harrisbeach.com

James R. Muldoon

Member
(315) 214-2021
jmuldoon@harrisbeach.com

Brendan M. Palfreyman

Member
(315) 214-2161
bpalfreyman@HarrisBeach.com

Alan M. Winchester

Member
(212) 313-5403
awinchester@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of February 3, 2023 8:41 am
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