Representative Experience

  • Represented and counseled Asian, Latin American and European airlines in codesharing, bilateral, safety oversight, and commercial and antitrust issues related to strategic alliances involving American Airlines, Delta Air Lines and United Air Lines.
  • Advised regarding statutes and policies restricting foreign investment in U.S. carriers, the sale of route authority and the legality of third parties obtaining security interests in international route certificates and airport slots held by other carriers.
  • Represented Asian, European and Latin American low-fare carriers before the U.S. Department of Transportation, Federal Aviation Administration, CBP and TSA in obtaining all approvals to operate to the U.S.

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  • Aviation Regulatory
    • Represented a major U.S. carrier in negotiations leading to the long-term lease of Brazil operating frequencies.
    • Represented Chinese-foreign joint venture carriers before the U.S. Department of Transportation, FAA, CBP and TSA in obtaining all approvals to operate to the U.S.
    • Represented a major U.S. carrier in an exchange of airport slots for U.S.-Brazil operating frequencies.
    • Represented a major Asia-based airline in a DOJ criminal antitrust investigation.
    • Advised aircraft equipment manufacturers supplying components to a China-based aircraft manufacturer.
    • Represented an Asia-based carrier in negotiations with a major U.S. carrier and its affiliates in connection with participation in a major new customer loyalty program.
    • Represented a consortium of Latin American carriers before the U.S. Department of Transportation and Department of State in obtaining approval of the first use of a single airline code and trade name by multiple carriers.
    • Represented an Asia-based low-fare startup carrier in obtaining all approvals to operate new service to China and Japan.
    • Advised global carriers regarding compliance with proposed U.S. Department of Transportation regulations pertaining to the transportation of disabled passengers and consumer protection.
    • Advised a major Japan-based carrier on day-to-day U.S. regulatory requirements, bilateral negotiations, and alliance matters.
    • Represented a large U.S.-based internet travel site with respect to antitrust and other regulatory issues.
    • Represented U.S. and non-U.S. carriers before the U.S. Department of Transportation in enforcement cases alleging violations of refund requirements, tarmac delays, advertising guidelines, cabotage, licensing requirements and reporting obligations.
  • Aviation Antitrust
    • Represented major European carriers in expansion of their immunized relationship with Delta Air Lines.
    • Represented a consortium of South American airlines in seeking antitrust immunity for their JV with Delta Air Lines.
    • Advised a major Asian airline in a U.S. Department of Justice investigation into price-fixing related to the transportation of e-commerce.
    • Advised a major Asian airline in a U.S. Department of Justice criminal price fixing investigation into fuel surcharges.
    • Represented a major South American airline in a U.S. Department of Justice criminal price-fixing investigation into fuel surcharges and subsequent civil cases.
    • Provided aviation antitrust training to major international airlines based in the U.S., Asia, and South America.
  • Aviation Finance
    • Assisted clients in financing or refinancing of more than 1,000 commercial and corporate jet aircraft with an aggregate value exceeding $60 billion.
    • Advised BNP Paribas, Goldman Sachs and DVB Capital Markets as joint book runners in the securitization of 20 aircraft valued at over $814 million.
    • Counseled Turkish Airlines in connection with the issuance of the first Yen-denominated Enhanced Equipment Trust Certificate coupled with a JOLCO.
    • Counseled Etihad Airways regarding its commercial debt, export credit (including European ECA and Ex-Im) financing, capital markets Ex-Im Bank-guaranteed refinancing and Islamic financing of Airbus and Boeing aircraft.
    • Acted for Citibank N.A. in the U.S. Ex-Im Bank-supported financing of Boeing 777-200ER aircraft, named “Deal of the Year” by both Global Trade Review and Trade Finance
    • Represented lead arranger and joint book runners in AIM Aviation Finance Limited’s $667 million A, B and C tranche 144A debt issuance and BNP Paribas as sole placement agent for equity.
    • Represented Norddeutsche Landesbank Girozentrale regarding lease financing of three B777F aircraft acquired by third-party equity investors, among first including Korean investors. Employed three-four tranche structure, combining fixed/floating, amortizing/non-amortizing and senior/junior features.
    • Represented Kroll Bond Rating Agency regarding series of rated debt instruments backed by aviation assets, developing rating agency methodologies and legal criteria for ABS and EETCs – $2 billion in issuance.
  • Aviation Litigation
    • Represented and advised foreign airlines in connection with claims against Boeing related to the 737 MAX aircraft.
    • Won cutting-edge motion to dismiss False Claim Act (FCA) litigation against client Bombardier. Case tested retroactive application of FCA amendments and involved $50 million in alleged false claims.
    • Represented Bombardier in a novel dispute in which plaintiff’s claims draft purchase/sale agreement together with Letter of Intent and other communications obligated Bombardier to execute an aircraft purchase agreement.
    • Represented Bombardier in case with alleged equipment defects and concerning whether aircraft warranty “failed of its essential purpose” under UCC Article 2. Buyer seeks brand new aircraft.

Practice Area Highlights

  • Achieved Chambers USA Aviation: Regulatory “Band 1” recognition in 2022. Our Aviation: Finance practice is ranked by Chambers USA 2022; Chambers Global 2022 (Asia-Pacific region); Chambers UK 2022 (UK-wide); Chambers Asia-Pacific 2022 and Chambers Greater China Region 2022. Our team members are also repeatedly recognized by Chambers USA and Chambers UK in numerous Aviation: Regulatory and Aviation: Finance categories.
  • Ranked by The Legal 500 U.S. 2022 for Aviation and Air Travel: Litigation and Regulation and Aviation and Air Travel: Finance. With “one of the US’ largest and oldest aviation practices” Legal 500 commends our deep experience in advising on “the full range of regulatory legal issues that confront the aviation industry.”
  • Ranked by The Legal 500 UK 2022 for Transport Finance and Leasing, with client commentary noting: “The aviation finance team is hugely knowledgeable and provides timely and accurate advice from varying perspectives that help give a more strategic view to the issue at hand.”

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