David M. Hernandez

Shareholder

T: 202-312-3340 F: 202-312-3322

Washington

Co-Chair, Regulatory Practice Group
Co-Chair, Business Aircraft Practice Group

David M. Hernandez is a member of the firm’s Equipment Finance Group and co-chairs the Regulatory Practice Group and the Business Aircraft Practice Group. Mr. Hernandez offers clients extensive and unparalleled aviation, aerospace and transportation regulatory and legal expertise. He represents a wide variety of clients, including some of the nation’s largest aerospace manufacturers and suppliers, airlines, defense contractors, airports, corporate flight departments, charter operators, Fortune 500 companies, high-net-worth individuals and start-up companies. He routinely assists clients with complex regulatory, enforcement, certification, litigation, corporate and finance matters. Recently, Mr. Hernandez successfully represented an aerospace manufacturer’s Petition for Review of an FAA final decision in the U.S. Court of Appeals for the D.C. Circuit. Mr. Hernandez convincingly argued to the Court that the FAA’s actions were arbitrary and capricious.

As the firm’s Business Aviation Services Group co-chair, Mr. Hernandez advises clients on aircraft purchase/sale agreements, fractional program documents, aircraft management agreements, business aircraft use policies, cross-border transactions, personal use of company aircraft and aircraft use agreements to ensure compliance with FAA, SEC and IRS regulations.

Prior to joining Vedder Price, Mr.Hernandez was a senior attorney in the Aviation, Aerospace and Transportation practice group of an 800-attorney international law firm. Mr. Hernandez is a U.S. Air Force Academy graduate, a former U.S. Air Force Officer, a DOT Honors Program Attorney and an FAA trial attorney.

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• International Aviation Safety Assessment (IASA) Program
• Vedder Price Aviation Attorneys Win Enforcement Victories
• Aircraft Use Reimbursements and Charges: Understanding the Regulatory Requirements
• Vedder Price Attorneys Achieve Major Victory Against FAA in US Court of Appeals for the DC Circuit

• Aviation and Aerospace Regulatory
• Business Aviation Services
• Equipment Finance Group

Mr. Hernandez routinely handles matters involving the following agencies: FAA, DOT, TSA, DHS, FTC, NTSB, SEC, IRS, CBP, ICE and the U.S. Department of State. His recent experience includes:

• Giving regulatory advice regarding compliance concerns and agency investigations
• Giving International Aviation Safety Assessment Advice
• Litigating enforcement proceedings before all applicable venues
• Advising start-up companies—airlines (foreign & domestic), charter operators and VLJ operators
• Defending hazardous materials and wastes (HAZMAT) shipment enforcement actions
• Attaining DOT airline certification and fitness, including U.S. citizenship/foreign ownership issues
• Negotiating aircraft purchase and sale agreements, fractional documents and management agreements
• Preparing business aircraft use policies, personal use of company aircraft and aircraft use agreements to ensure compliance with FAA, SEC and IRS regulations
• Offering advice regarding government contract matters—bid preparation, bid protests, sole source, foreign military sales and direct commercial sales
• Representing clients in Federal Aviation Regulation Part 13 and Part 16 (airport proceedings) complaints
• Performing mergers and acquisitions due diligence and internal audits
• Offering advice regarding DOT advertising and regulation compliance and airline disability policy

• Providing regulatory advice regarding mergers, acquisitions and outsourcing agreements
• Assisting clients with pre- and post-merger due diligence audits and associated FAA reporting of potential violations
• Providing regulatory interpretations and guidance in connection with the FAA certification process (FAR Parts 21, 23 and 25)
• Negotiating with the FAA regarding applications for TCs, STCs, PMAs and TSOAs
• Representing aerospace manufacturers and suppliers in legal enforcement actions
• Assisting clients with voluntary disclosures to avoid legal enforcement action
• Providing guidance with respect to U.S. export control for aircraft parts, articles and appliances

• J.D., Northwestern University School of Law, 1996 (National Trial Team)
• M.B.A., Monmouth University, 1994
• B.S., United States Air Force Academy, 1988

• Illinois
• District of Columbia
• U.S. Court of Appeals, District of Columbia Circuit
• U.S. District Court, District of Columbia
• U.S. Court of Federal Claims

• Federal Aviation Administration, Enforcement Division (1998–2000)
• U.S. Department of Transportation, Honors Attorney (1996–1998)
• Office of the Counsel to the President, White House (1997)
• United States Air Force, Officer (1988–1993)
• American Bar Association, Forum on Air and Space Law
• National Business Aviation Association  

Speaking Engagements

• Establishing Air Transportation Between United States and Africa—Impact on Tourism and Economic Growth—Allied African Nations Chamber of Commerce Roundtable, New York, NY, July 17, 2009
• Business Aircraft Operations in a Challenging Economic Environment: FAA, IRS and SEC Concerns—Vedder Price Business Aircraft Seminar, New York, NY, May 20, 2009
• The Future of Middle Eastern Business Aviation—Aviation Outlook Middle East, Abu Dhabi, UAE, March 5, 2009
• OEM vs. PMA Parts:  Which Is Better, and The FAA Certification Process—Air Finance Conference, New York, NY, December 8–9, 2008
• Aircraft Operations and Ownership Options Available Today and Regulatory Traps and Hot Topics—Vedder Price Business Aircraft Seminar, Chicago, IL, November 11, 2008
• Cross-Border Transactions—Corporate Aircraft Symposium & Exhibit, New York, NY, July 17–18, 2008
• Regulatory Framework:  What Is Possible, What Is on the Horizon—Vedder Price Business Aircraft Seminar, Chicago, IL, November 6, 2007
• Key FAA Regulations You Need to Know—Bombardier Legal Forum, Montreal, Canada, October 11–12, 2007