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Anne C. Lefever

Partner
New York

Partner, New York

T: +1.212.858.1267
T: +1.212.858.1267

Areas of Focus

Anne Lefever represents clients in large, complex commercial litigation in both state and federal courts, with a focus on aviation but with experience across many other industries, including financial services, manufacturing and health care.

Anne has extensive experience representing leading aircraft manufacturers, purchasers, suppliers and lessors in disputes relating to aircraft design, build, financing, sales and leases. She also has significant experience in representing foreign and domestic financial institutions and other clients in corporate and government investigations. In doing so, she brings to the table her dual civil and common law degrees to assist European clients in navigating the U.S. justice system and interfacing with U.S. regulatory officials, as well as her French language skills.

Representative Experience

  • Serve as outside counsel to Bombardier Inc. and its affiliates in virtually all its U.S. litigations, including:
    • A multibillion-dollar litigation with a key supplier for a new aircraft program.
    • A multimillion-dollar dispute with a business aircraft purchaser involving claims for breach of contract, unfair trade practices and fraud arising out of delivery delays.
    • A multimillion-dollar dispute with a commercial aircraft purchaser involving fraud claims arising out of a third party’s reconfiguration of the aircraft for executive jet usage.
    • A multimillion-dollar dispute against a third-party seeking to collect amounts allegedly owed by Bombardier to the third-party’s debtor.
    • A multimillion-dollar dispute with the purchaser of an as-is, where-is aircraft arising out of alleged manufacturing defects.
    • A multimillion-dollar dispute with a business aircraft purchaser arising out of alleged manufacturing defects.
    • A multimillion-dollar breach of contract and fraud dispute for breach of warranty.
    • A multimillion-dollar dispute with a business aircraft purchaser over an alleged preliminary agreement to purchase a second aircraft.

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  • Representing Willis Leasing Finance Corporation in publicly filed litigation against aircraft lessee in connection with lessee’s default under payment and redelivery condition obligations in lease.
  • Advising foreign airline lessor in pre-litigation dispute with engine lessee over lessee’s failure to satisfy rent and maintenance reserve obligations, and lessor’s termination of the leases based on same.
  • Advised multiple lessees and lessors in pre-litigation disputes over termination rights and obligations to take delivery of Boeing 737 Max 8s, following worldwide grounding.
  • Advised European charter operator in pre-litigation negotiations with aircraft lessor involving delivery delays and failure to obtain proper certification.
  • Representing original equipment manufacturer in litigation arising out of alleged breaches of a data licensing agreement and development of supplemental type certificates.
  • Represented Spirit AeroSystems, Inc., the largest aerostructure supplier in the world, in litigation with Triumph Aerospace Structures over post-closing liabilities for certain warranty claims in connection with an asset purchase agreement for two wing programs.
  • Represented WestJet Airlines Ltd. in a multimillion-dollar dispute with its supplier of in-flight television systems.
  • Advised charter operator in pre-litigation negotiations with its operator over payment disputes.
  • Advised multiple aircraft operators, owners, and lessors in connection with sole source suppliers’ attempts to increase price in violation of contractual escalation provisions.

Professional Highlights

  • The Legal 500 U.S., White-Collar Criminal Defense (2019 – 2021)
  • Who’s Who Legal, Investigations: Future Leaders – Non-partners (2018)
  • Recognized by Global Investigations Review to its 40 Under 40 list (2017).

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  • Memberships & Associations
    • International Aviation Women’s Association
    • Aviation Working Group Disputes Subcommittee
    • New York City Bar Association Aeronautics Committee
  • Speaking Engagements
    • “International Trade and Sanctions Global Update and Airline Litigation Update,” American Bar Association Aircraft Financing Subcommittee, September 15, 2023.
    • “Best Practices for Summary Judgment Motions,” Practising Law Institute, Pretrial Practice 2023, April 28, 2023.
    • “Cleared for Takeoff? Delays, Defects and Payment Defaults: Drafting Supply and Purchase and Sale Agreements to Address the Things That Go Wrong (Under New York and English Law),” Airbus S.A., December 8, 2021.
    • “COVID and Aviation Contract Rights,” Aviation Working Group, October 12, 2020.
    • “The Bar Examination, Attorney Admissions and the Pandemic, A Conversation about Employment Issues for New Law Graduates in 2020,” New York City Bar Association, June 18, 2020.
    • “What the Usufruct? Learning How to Bridge the Common Law/Civil Law Divide,” ABA Section of International Law 2018 Annual Conference, April 20, 2018. Panelist.
    • “Lessons Learned,” Bombardier Legal Forum, October 4, 2017.
    • “Comparative Analysis of Quebec, Ontario and New York Law,” Bombardier Legal Forum, May 12, 2016.
    • “Lessons Learned: What You Should Know and What You Can Do to Reduce the Risk of Litigation,” Bombardier Legal Forum, October 8, 2015.
  • External Publications
    • “Comparison with Business and Commercial Litigation in Canada,” Business and Commercial Litigation in Federal Courts, 5th ed., Westlaw, December 2021.Co-author, Chapter 14.
    • “What To Make of Canada’s Proposed Deferred Prosecution Agreements,” The Lawyers Daily, 2018. Co-author.
    • “Theft or Loss of Business Opportunity,” Chapter 104, Commercial Litigation in New York State Courts, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024. Author.
    • “Is Freezing Assets Needed to Pay Counsel of Choice Constitutional?,” New York Law Journal, 2013. Co-author.
    • “The Sanity Clause: "4 Tips for a Better Liquidated Damages Clause,” Corporate Counsel, 2013. Co-author.
    • “What Proceeds?,” New York Law Journal, 2009. Co-author.
  • Firm Publications
    • Tour de Force: Rudolph v. United Airlines, Causation and Force Majeure, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, 05/25/21.
    • Tour de Force: Evolving Force Majeure Considerations One Year into the Pandemic, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, 03/24/21.
    • Tour de Force: Contract Terminations Due to COVID-19-Based Force Majeure – Natural Disasters, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, 01/22/21.
    • Tour de Force: Force Majeure in Civil Law Jurisdictions – A Superior Force Majeure Doctrine?, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, 12/02/20.
    • Tour de Force: COVID-19 Continues to Impact Leases While Cases Implicating Force Majeure Await Decisions, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, Amanda H. Freyre, Ryan R. Adelsperger, 10/23/20.
    • Tour de Force: The Impact of a Force Majeure Clause (Or Lack Thereof) on Other Excuse Doctrines, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, 08/24/20.
    • Tour de Force: Force Majeure Litigation Continues in the Travel and Commercial Real Estate Industries, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, 08/07/20.
    • Tour de Force: When Is COVID-19 the Cause of Nonperformance?, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, Eugenie Dubin, 07/20/20.
    • Tour de Force: Do the Current Economic Conditions Caused by COVID-19 Constitute a Force Majeure Event?, Authors: Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Adam R. Poliner, Stephanie S. Gomez, Colin Davis, 07/01/20.
    • CFTC Writes the Book on Enforcement: Commodity Futures Trading Commission Publishes Its First-Ever Enforcement Manual, Authors: Daniel N. Budofsky, Anne C. Lefever, Daryl L Kleiman, 05/16/19.
    • NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims, Authors: Eric Fishman, Anne C. Lefever, Bradley A. Noojin, 02/04/13.

Education

  • LL.B/B.C.L, McGill University, Faculty of Law, 2006
    with great distinction

    M.A., University of Colorado, Boulder, 2002

    B.A., University of Alberta, 2000
    first class honors

Admissions

  • New York

Languages

  • French

Anne's Insights

Alert 03.24.21

Tour de Force: Evolving Force Majeure Considerations One Year into the Pandemic

As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure clause, the answers to those questions will vary across jurisdictions, and will require a careful analysis of the governing contract language, causation, and adherence to notice requirements.

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