"Meet ECSL Members" Series: Nicholas Puschman, Associate at Bird & Bird and ECSL Board Member

1. Can you briefly introduce yourself in a few words?

I’m Nick. I’m originally from Glasgow, now living in London and previously lived in France (Dijon, Toulouse and Paris). I’m a lawyer (solicitor) at an international law firm, Bird & Bird, in its London office where I work with clients on commercial law and regulatory matters in various sectors including space, satellite, aerospace, defence, aviation and telecoms. I’m a member of the firm’s Tech & Comms and Satellite & Space Activities groups. I’m involved in various space-related initiatives outside of work, such as being on the Board of the ECSL and teaching a space law course at the University of Strathclyde Law School. Space and law aside, I’m also a proud dog owner and a keen outdoors person!

2. Please describe your educational background?

I completed my undergraduate (L.LB) in Scots law and French at the University of Strathclyde in Glasgow, UK, during which I spent a year in Toulouse and earned a graduate diploma in EU studies. I then completed a Masters in space and telecommunications law at the University of Paris-Saclay, France. This was followed by completing the professional vocational qualifications needed to become a solicitor in England & Wales, namely the Legal Practice Course (LPC).

3. Why did you decide to study law and did you specialise within a special area of law?

I became interested in law as a profession when I completed work experience while in high school. This involved me shadowing a criminal lawyer to a murder trial – while I knew at the time that criminal law may not have been for me, I saw how being a lawyer in practice and the skills required – advocacy, analytical thinking, research, being able to engage with clients – could be a satisfying way to earn a living. As I progressed through my LLB, I was exposed to new areas of law which fascinated me, including international law. The chance in my final year of my LLB to write an Honours dissertation on a topic of my choosing (international environmental law and space law) was probably the moment I decided to think seriously about specialising as a practising lawyer with a focus on communications and aerospace, in particular satellite regulation and space law.

4. What is your current position and what do you do on a day to day basis?

I’m an Associate (a qualified English lawyer, called a ‘solicitor’) at an international law firm in London. I work with different clients from across the world, including major satellite operators, aerospace manufacturers, regulators, communications companies and government clients, on a variety of work. This can involve assisting in the drafting and negotiation of contracts, advising on obtaining regulatory licences (e.g. launch licences, frequency authorisation), working with clients on understanding the impact of national space legislation on their activities, assisting clients in understanding commercial risks and helping on large transactions. The work is varied and being able to work with clients in different sectors keeps the job fascinating. I’ve also been lucky to complete secondments to clients (one a satellite operator and the other a global telecommunications provider) and I got to work on different areas of law: communications regulation, investigatory powers law, data protection and satellite-related contracts. Having the chance to undertake these secondments was also a great insight into the differences between being a lawyer in a firm and being a lawyer in-house.

5. What drew you to Space Law in the first place?

At university, I became interested in the academic study of this area of law: how it fit into the wider body of public international law and the emergence of national space law. I was fascinated by the way in which this area of international law developed and was developing. As I undertook more advanced studies, especially during my Masters in Paris which placed emphasis on the practice of space law, I realised how integral an understanding of space law, satellite regulation, spectrum regulation, export control etc. was to advising companies and organisations in the space sector. This is a very technical area of law and so I find there is always opportunity to learn. Now that I’ve been involved in the space sector for a few years now, one of the things I love most about my work and the activities I’m involved in outside of work is the ability to speak regularly with people who are not lawyers (lawyers have a tendency sometimes to use the term “non-lawyer” which I suggest avoiding!). For example, at ESA and in my jobs since, I’ve worked frequently with spectrum engineers, scientists and policymakers: you all have a common objective, but can sometimes be speaking what feels like a different language. This can sometimes be a challenge to overcome, but it makes the day-to-day interesting!

6. Not only have you worked for the ESA in the past, but you also worked as Executive Secretary of the ECSL, could you explain how this came about and what experiences you gathered in both positions?

I was so pleased to have begun my legal career as a Young Graduate Trainee in the European Space Agency and as Executive Secretary of the ECSL. In hindsight, it’s turned out to be an excellent decision and I appreciated the advice I received before taking the job. I learned a great deal during my two-year tenure. As a junior lawyer, I was lucky to work with an incredible team of lawyers within ESA’s legal department, on fascinating matters, and I saw first-hand how an in-house lawyer provides legal services in an organisation such as ESA, especially the interaction being lawyers, engineers, policymakers and Member States’ delegates. As the ECSL Executive Secretary, I was fortunate to be able to travel frequently, meet leading academic experts and engage with the space industry across Europe and internationally. I also learned a great deal by managing the ECSL and getting to represent it, e.g. at the UNCOPUOUS Legal Subcommittee. I really appreciated my two years in the ECSL and was grateful to be elected to the Board in 2019.

7. You are now a Board Member on the ECSL Board, what exactly does this entail?

I suppose I’m in a bit of a unique position of having recently been the ECSL Executive Secretary and now being an elected Board Member, and so I’ve experienced the management of this invaluable resource from both sides. This has allowed me to appreciate fully the important role played by the ECSL Executive Secretary and the role of the Board in managing and continuously developing the ECSL. I was very grateful to have been elected to the Board in 2019 and I view my position on the Board as a responsibility. I am eager to be actively involved in the ECSL’s activities and to support the ECSL Executive Secretary where possible. I engage regularly with my fellow Board members and we meet on several occasions throughout the year to discuss initiatives of the ECSL, areas of improvement and also new ideas. It’s a privilege to work with my fellow Board members and the Executive Secretary.

8. As many of our readers are students and young graduates, what advice would you give them career wise in the space law world?

The advice that I would give is:

• speak to as many different people as possible to learn more about what career options are available to you in the space and satellite sector, and take part in events to learn more (e.g. the ECSL Summer Course or other ECSL activities);
• find a mentor or mentors (I’ve been lucky to work with different mentors as I’ve begun my career and I’ve been grateful for their guidance); and
• realise that space law cannot be viewed as an isolated area of law – be open to different areas of law in your career.

The “space law world” can mean different things including: the academic pursuit of this area of law (e.g. PhD, lecturer), being involved in policy-related work (e.g. in a company, government or international organisation) and it could also mean being a lawyer in private practice who advises clients in the space sector and related sectors (e.g. telecoms, defence etc.). When I became interested in this area of law, I tried to speak to as many different people as I could to find out what opportunities are available. From my perspective as a lawyer in a commercial firm, I think it’s really important to not only have a solid understanding of international space law and the national space legislation applicable to the jurisdiction in which you are qualified (e.g. English law for me), but beyond this specialist knowledge, it’s important to develop skills in understanding the role of regulation, contract negotiating, drafting and being able to identify potential risks (e.g. liability) and dispute settlement options. I’m not a big fan of the term “space lawyer”. For me, the best advice I got was: being a good lawyer means becoming as well-rounded a lawyer as possible in practice by developing strong legal skills and working with clients, while at the same deepening your knowledge and expertise in specialist areas of law and regulation. This is what I’m currently trying to do!

9. Is there a specific ECSL event you are looking forward to?

I know that the new ECSL Executive Secretary has been working hard with the Board to create a great calendar of events this year which will mostly remain online due to the pandemic. I would encourage all Members, and all potential Members, to get involved in the ECSL as much as you can this year and speak with us as we would love to hear from you.

If there’s one event I’m looking forward to in particular, it’s the Practitioners’ Forum on 14 October 2021. This has been one of the ECSL’s key events for many years now, and this year we will be discussing with a range of speakers the legal and regulatory aspects of blockchain, artificial intelligence and quantum in the context of the space sector. There’s a lot happening in these areas, and the ECSL’s decision to use the Practitioners’ Forum as a platform to discuss these issues is pretty exciting!