Untitled Document
July 21, 2005—Yet another first for our boundary-breaching White House:
for the first time in American history, we're going to have a justice on the high
court whose spouse facilitates financing and putting together global satellite
systems.
Also, the firm in which she is a partner, Pillsbury Winthrop Shaw Pittman LLP,
emphasizes among other things its expertise
in facilitating business in Iraq:
"We offer one-stop service to clients pursuing projects in Iraq, from
solicitation and RFP counseling to working with key government and multilateral
agencies, and from initially penetrating the Iraqi marketplace to final project
implementation. Our attorneys are recognized as leaders in their fields, and
at the cutting-edge in a variety of disciplines relevant to Iraq reconstruction.
A number have served in senior government positions in key agencies–including
the Departments of Transportation, Navy, Justice and Commerce, as well as the
Agency for International Development (USAID) and the World Bank."
Iraq has not yet been able to achieve an integrated communications service
(many Iraqis don't even have their electricity back, yet.) By numerous accounts,
satellite communications networks loom as a large unfilled need in Iraq. Jane
Sullivan Roberts' credentials are solid, and business-wise, her walk in
life is largely helping clients put together and get financing for satellite
systems, according to her company bio:
"Ms. Roberts practices with the firm's communications and global sourcing
groups, concentrating in representing clients in sophisticated transactions
involving technology. She has extensive experience in representing clients in
the buying and selling of space-related goods and services, including companies
involved in the development of multi-billion dollar global and regional satellite
systems. Ms. Roberts' experience also includes representing clients in information
technology outsourcing transactions; software licensing, development, and maintenance
contracts; and professional services arrangements. Prior to 1992, Ms. Roberts
practiced litigation in a wide variety of matters before various courts and
decision-making bodies, including large international commercial arbitrations
involving nuclear power plants before the International Chamber of Commerce."
(I like that afterthought re nuclear power plants. Shades of Homer Simpson.)
The following statements by and about Ms. Roberts come from an article titled
"High flyers, high margins, high society and space VC," in the publication
Space Business International (4th quarter 2000):
"Shaw Pittman is a composite organization, in which teams of associates,
corporate finance partners, technology procurement and transfer partners, intellectual
property strategists, corporate deal-makers work together with the clear aim
of dominating Washington's high-tech legal world. They've made a good start—hands
on involvement already in 25 percent of all metropolitan VC closures in Q1–2000.
'Despite the March 2000 downturn in US stock markets, there is still lots
of VC money available,' says Roberts. 'But the way the money is channeled has
changed—it's harder to fund business-to-business dot-coms, especially
where you have to build a brand; and likewise for business-to-consumer deals.
But there is still plenty of money left to fund wireless technologies, Internet
infrastructure, next generation networking devices and b2b software plays.
"'And Washington, DC, is cementing its position as an international
hub of the commercial space and satellite industry. In terms of corporate headquarters,
we have many major players, including Loral Cyberstar, Astrolink, Skybridge,
Hughes Spaceway, Final Analysis, Ellipso, INTELSAT, COMSAT, WorldSpace, and
XM Satellite Radio. Not to mention the major aerospace players . . . '
"Ms Roberts' specific targets are the procurement of satellite systems
and related services and technologies such as launch services, launch insurance,
terrestrial networks, terminals, call centers and billing systems. 'As a technology
transaction lawyer, my role is to use contractual techniques to minimize my
client's completion risk, that is the risk the satellite system will not be
completed - designed, built and deployed—within established performance,
cost and schedule objectives. For a company seeking venture capital, it is critical
to demonstrate to potential investors that the company is successfully managing
its completion risk.'
"So—how to close a transaction to buy a satellite system: 'In
a typical transaction where a client lacks substantial financial backing, we
call up our experts in intellectual property, export control, bankruptcy, securities,
debt financing, and dispute resolution. We have roughly 300 lawyers in the DC
metro area and if, need be, we can call upon another one hundred lawyers in
our New York, Los Angeles and London offices. Each of those offices is also
focused on the high-tech industry.'" [This link is down, but you can get
to the article by clicking "cached" in a Google search.]
A quite good, concise article by Ms. Roberts, on the risks of putting together
a new satellite system and attempting to break into the market, is Unsponsored
Financed Entrepreneurial Satellite Ventures: Managing Completion Risk:
"The risks of building and financing a new satellite system fall into
three broad areas: market, regulatory and completion. Market risk is the risk
the target market does not want or cannot pay for the satellite services offered.
Regulatory risk is the risk of not obtaining all regulatory approvals required
to build and operate the satellite system, such as for orbital locations allocated
by the International Telecommunications Union, spectrum licensed by the satellite
operator's 'host' or 'home' government, and 'landing rights' granted in each
country that will receive the new satellite service. Completion risk is the
risk the satellite system will not be completed—designed, built and deployed—within
the established performance, schedule and cost objectives." (From Satellite
Finance, Issue 16)
Perhaps it will surprise few people that Pillsbury Winthrop, where Ms. Roberts
is a partner, is offering its services for a newly privatized Iraq:
"Pillsbury's Iraq Reconstruction Practice is mobilized to offer clients
strategic legal advice in their postwar reconstruction efforts. Comprised of
lawyers from several offices and backgrounds with relevant legal, industry and
regional experience, the team is well poised to support virtually every endeavor
in post-war Iraq, including:
"Infrastructure development, construction and procurement
Intellectual property, technology and outsourcing services . . . [etc.]"
The company's web site does not indicate that Ms. Roberts is on its Pillsbury
Iraq Reconstruction Team. A call to the company to inquire whether she has yet
had clients/projects in Iraq has not yet been returned. Stay tuned.
Meanwhile, her husband's numerous investments also include Pillsbury Winthrop
Shaw Pittman. One wonders whether a Justice Roberts would have to recuse himself
from any cases involving Iraq, including cases about profiteering; procedure
regarding "detainees" rounded up in Iraq; Iraq contract fraud; and/or
regulatory or other violations by satellite systems companies that hired his
wife's firm or his wife herself.