Aviation & Aerospace Regulatory
The aviation and aerospace industry is perhaps one of the most heavily regulated industries in the world. It is crucial that your law firm have a thorough understanding of the numerous regulatory concerns you may face. Vedder Price is firmly committed to serving the aviation and aerospace industry. Our attorneys have many years of experience assisting clients with their regulatory needs, and we represent all segments of the aviation and aerospace industry, which gives our aviation practice both depth in practical experience and breadth of industry perspective.
Vedder Price offers the following comprehensive services:
Regulatory Matters
Most of our regulatory practice is centered in Washington, D.C., where we have access to, or contact with, the various regulatory agencies. Vedder Price represents aerospace companies, airports and governments, domestic air carriers, foreign air carriers, and charter operators. Our attorneys represent clients before the U.S. Department of Transportation, the U.S. Department of Justice, the Federal Aviation Administration, the Transportation Security Administration, Department of Homeland Security, the National Transportation Safety Board, and Department of State. Our regulatory practice involves licensing or certification administrative adjudication, rulemakings, legislation, air service negotiations, enforcement, environmental, export licensing, immigration, and customs and tax matters. Vedder Price’s attorneys also provide legal advice on airline safety, regulatory and aircraft certification matters, accident investigations, and employment matters.
Airline Representation
Vedder Price assists domestic and foreign airlines with contract negotiations and commercial agreements, as well as in a wide variety of commercial disputes. From well-established to start-up airlines, we advise airlines with DOT and FAA regulatory issues, fitness review issues, obtaining and contesting operating authority, and defending airlines in DOT, TSA, and FAA enforcement proceedings.
Aerospace Manufacturers
Vedder Price assists aerospace manufacturers with applications for equipment certification before U.S. regulatory agencies (including TCs, STCs, TSOAs, PMAs, and FAR Parts 23 and 25 matters), and with FAA enforcement and regulatory matters. In addition, we represent aircraft and engine manufacturers in connection with the sale of their equipment and with various manufacturer-assisted financing structures. Vedder Price attorneys represent clients with respect to litigation, FAA enforcement, and accident liability; aircraft and engine manufacturers in various certification–related matters, such as FAA enforcement actions, aircraft engine and parts certification; Part 13 complaints; and export licensing requirements.
General Commercial Matters
Vedder Price routinely assists companies with the necessary due diligence associated with mergers and acquisitions. Vedder Price also acts as general legal adviser to U.S. airlines and to both overseas and U.S. offices of international airlines. For our international airline clients who do not have internal counsel in the United States, we frequently fill the role of U.S. general counsel on a wide variety of matters. In this capacity, we advise and assist managerial personnel with a wide range of commercial issues and agreements, including office and airport leases, architect and construction contracts, ground and ramp handling agreements, catering contracts, computer software and hardware, and other office and airport equipment and furnishings, CRS agreements, fuel agreements, advertising contracts, agreements relating to promotional programs and marketing agreements. We also handle passenger and cargo claims, litigation and bankruptcy matters, employee labor relations issues, tax, and customs and immigration matters.
Business Aviation Practice
Vedder Price assists clients with all aspects of their business aircraft planning. We possess a thorough understanding of company flight departments, charter operators, aircraft management companies, fractional ownership programs, manufacturers, airports, and fixed base operators. We offer a wide variety of services, which include developing ownership and operating structures for flight departments, management companies, charter operators, fractional ownership programs, and individual owners. We also advise clients on various business and legal issues allowing clients to maximize the benefits of their aircraft, including personal use by company executives. We conduct all aspects of aircraft purchase and sale negotiations and document preparation to protect clients’ interests and to ensure compliance with FAA, DOT, SEC, IRS, and other regulations.
Airport Representation
We represent cities, airport authorities, and fixed-base operators with a wide variety of issues such as privatization, international air service, slots, revenue retention, rates and charges, collateral land use, environmental law, congestion, noise and access restrictions, finance, competition, FAR Part 16 complaints, grant assurance compliance, and litigation matters.
Aviation Litigation
Vedder Price attorneys assist clients with virtually every type of claim or dispute that an air carrier or an aerospace manufacturer might encounter. We are familiar with the aircraft-specific issues, such as maintenance condition, valuation, registration, and aircraft purchase and financing contracts, which may arise in aviation-related litigation. Our litigators and bankruptcy attorneys have been heavily involved in recent airline and aircraft leasing company bankruptcies and in numerous aircraft repossession cases in the United States and abroad.
Hazardous Materials Transportation
Vedder Price attorneys regularly advise clients with respect to the DOT regulations regarding hazardous materials transportation by aircraft, truck, rail, and marine vessels. We represent clients before the FAA, the Pipeline and Hazardous Materials Safety Administration, and the Federal Highway and Railroad Administrations. We assist clients with all aspects of the hazardous materials transportation process, including providing advice regarding clients’ training programs, assisting with hazmat regulations compliance, and representing clients before government agencies in connection with enforcement actions. Finally, we negotiate consent orders with various agencies to resolve alleged violations of the hazardous materials regulations.
Aviation Insurance
We are familiar with all aspects of aircraft hull, liability, war risk, and political risk insurance. Vedder Price has a wealth of experience in policy audits, standard aviation insurance, and aircraft repossession/deregistration insurance. We have negotiated and documented a large number of such policies involving many airlines and business aircraft clients.
Aviation Privatization
Vedder Price’s aviation privatization team includes a unique combination of all of the disciplines necessary to successfully structure, finance, negotiate, and document an aviation privatization project.
Aviation Security
Vedder Price assists clients with all aspects of aviation security, including representing clients’ interests before the TSA and DHS. Vedder Price also assists domestic and foreign airlines with preparing TSA-approved security programs and implementing TSA and DHS regulations compliance. In addition, we assist clients with various security-related government contracting issues. We recently advised a client seeking a government contract as well as the client’s compliance with the stringent requirements of the SAFETY ACT.
Advertising Law
We advise clients with respect to the DOT advertising regulations and are regularly asked to audit clients’ advertising to ensure compliance with the DOT’s "unfair of deceptive practices" regulations and enforcement policies. Our practice involves the review of print, broadcast and on-line media advertising, promotional e-mails, sales and ticketing materials, and all other forms of advertising. We conduct seminars for legal and marketing departments on advertising regulatory compliance and can assist clients in connection with defending DOT compliance investigations and enforcement actions/civil penalty proceedings.
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