David M. Hernandez
Shareholder
T: 202-312-3340
F: 202-312-3322
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Washington
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E:
David M. Hernandez is a shareholder at Vedder Price and a member of the firm’s Equipment Finance Group. Mr. Hernandez offers clients extensive and unparalleled aviation, aerospace, and transportation regulatory and legal expertise. He represents a wide variety of clients-such as aerospace manufacturers and suppliers, airlines, airports, corporate flight departments, charter operators, high net-worth individuals, and start-up companies-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 DC Circuit. Mr. Hernandez convincingly argued to the Court that the FAA’s actions were arbitrary and capricious. The Court held that the FAA violated federal law and called the FAA’s positions absurd, meritless and ludicrous.
As the Firm’s Business Aviation Practice Group Co-Chair, Mr. Hernandez advises clients on aircraft purchase/sale agreements, fractional program documents, aircraft, management agreements, business aircraft use policies, 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 an 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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Mr. Hernandez has experience in the following matters:
Start-up airlines (all cargo/PAX, flag and domestic and supplemental)
FAA, DOT, CBP compliance investigations and enforcement proceedings
Shipment of hazardous materials and wastes (HAZMAT) enforcement actions
DOT airline certification and fitness
Aircraft purchase & sale agreements, fractional documents, and management agreements
Business aircraft use policies, personal use of company aircraft, and aircraft use agreements to ensure compliance with FAA, SEC and IRS regulations
Government contract matters, (bid preparation, bid protests, sole source, foreign military sales and direct commercial sales)
Federal Aviation Regulation (FAR) Part 13 and Part 16 complaints
Due diligence and internal audits in connection with mergers and acquisitions
DOT advertising, Air Carrier Access Act, Nondiscrimination on the Basis of Disability in Air Travel matters
Aerospace Original Equipment Manufacturers (OEM) matters including:
Providing regulatory advice regarding mergers and acquisitions
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 Transport Airplane Directorate, Small Airplane Directorate and Engine Directorate regarding clients’ applications for TCs, STCs, PMAs, and TSOAs.
Representing OEMs in connection with 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
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- 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
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
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