Overview
From major aircraft accidents to satellite risks to corporate financing and leasing arrangements, Locke Lord covers a wide range of issues affecting the aviation industry today. Our aviation attorneys have provided assistance to the aviation industry and its insurers for more than 40 years and include experienced pilots and engineers. We provide services related to airline, airport, general aviation, product liability and aviation coverage counseling. We have extensive experience handling litigation, mediations and arbitrations. Our lawyers also have extensive experience with aircraft acquisition, sales, financing, leasing, regulatory compliance and risk management for aviation transactions.
With offices strategically located across the United States and in London, we can service our clients’ needs throughout the Americas, whether in North America through our various offices, or in Latin America and the Caribbean through our comprehensive international network of correspondents and contacts. Locke Lord has the ability to deal with matters that touch and concern countries throughout the region, seamlessly, through one firm.
Product Liability
Manufacturers work hard to develop and market effective, safe products. When their products are attacked, we guide them through the complexities of product liability. We work quickly to protect the products’ reputation and minimize the disruptions claims can cause. Our experience and background enable us to work with in-house counsel, product designers and engineers to develop defenses that take maximum advantage of the product research and development. We are equipped to defend against product liability claims in all jurisdictions. However, because of our extensive experience, we can help you prevent or reduce product liability claims by providing advice on product quality control, document retention and accident investigation objectives and techniques. Our experience includes:
- product integrity reviews and loss prevention training
- drafting and evaluation of product literature
- contract interpretation
- accident investigation
- investigation of potential design defects and construction flaws
- product recalls
- representation for National Transportation Safety Board investigations and public hearings
- multi-district litigation for mass tort and punitive damages claims.
Airlines
Our lawyers have experience handling major airline cases throughout the United States, Canada, Europe, Latin America and the Caribbean. In addition, airlines from other regions and their aircraft lessors may be sued in U.S. courts, despite the flight, passengers and incident having little or no connection to the United States. We are recognized internationally as a leading firm in defending non-U.S. airlines and their aircraft lessors. Our experience includes:
- crisis management and communications
- accident investigation
- leasing contract interpretation and defense of lessors from claims of negligent entrustment
- satellite contract interpretation
- multi-district litigation for mass tort and punitive damages claims
- National Transportation Safety Board (NTSB) investigations and hearings
- International Air Transport Association (IATA) arbitration
- embarking or disembarking accidents
- ground handling incidents and cargo and baggage claims
- hull claims, including surface and engine damage
- federal, state and international regulatory compliance, including Warsaw and Montreal Conventions and the U.S. International Traffic in Arms Regulations.
Airports
Locke Lord has experience representing airports and entities operating at operators concerning their legal liability for accidents, security, regulations and air traffic control matters that arise at the world’s airports. We work with both privately owned and government controlled airports and provide an array of services, which include:
- liability assessment
- contract review and dispute resolution
- defense of airport premises accidents
- airport wrap-up
- litigation, arbitration and other alternative dispute resolution
- regulatory compliance and International Civil Aviation Organization recommended practice.
General Aviation
We have long handled a wide range of matters involving general aviation. Our experience includes:
- fixed wing and rotary wing aircraft
- reciprocating and small turbine aircraft engines
- industrial aid operators
- FAR Part 135 operations
- flight schools
- maintenance, repair and overhaul operators.
Aircraft Transactions
Federal law limits the registration of aircraft to individuals and entities recognized as “citizens of the United States" a term that excludes many partnerships. The sometimes murky federal regulations also limit the ability of operators of general aviation aircraft to obtain reimbursement from persons who fly on their planes. The acquisition or leasing and disposal of aircraft often involve complex federal income tax considerations. Aircraft also can be tempting targets for property tax collectors, but careful adherence to state tax laws sometimes can reduce this tax. Use of a corporate shell or a single-asset LLC to own an aircraft can unexpectedly render the owner a commercial operator, requiring strict compliance with the same detailed safety regulations that govern charter operators. Failure to comply with these regulations can result in heavy fines and in the loss of insurance coverage.
Our attorneys can assist you with all these issues. We have extensive experience in all aspects of business aircraft, including acquisitions, sales, financings, leases, tax-free exchanges, owners in management and operations arrangements, FAA regulations issues, methods of U.S. aircraft registration for non-U.S. persons and all related federal, state and local tax aspects. Our clients include corporations, limited liability companies and other types of organizations, their executives, and individuals who recognize the time savings that an ownership interest in a jet can achieve. We also represent banks, aircraft lessors and creditors’ committees. Our experience includes:
- buying, selling, financing and registering corporate aircraft of all sizes
- leasing (tax leases, capital leases, leveraged leases, synthetic leases)
- airline and other aviation-related troubled credits, workouts and bankruptcies, including structuring post-petition financing, devising and negotiating reorganization plans, chairing creditors’ committees, exercising rights under Section 1110 of the Bankruptcy Code and aircraft foreclosures
- deferring income tax through Section 1031 like-kind exchanges of all types
- saving millions of dollars in sales/use tax and in ad valorem taxes through the use of creative vehicles
- dealing with a myriad of competing considerations in Part 91/Part 135 compliance
- establishing time-sharing and joint ownership agreements
- participating in fractional interest programs
- importing and exporting aircraft
- negotiating management, consulting, service and broker agreements, hangar and facilities leases and other ancillary contracts