Mr. Hernandez represents clients in a broad range of transactions, regulatory matters and tax issues involving aircraft and other aviation assets. He has negotiated and drafted documents for countless purchases, sales, leases and financings of commercial and business aircraft, aircraft fractional interests, engines, and spare parts. He has also advised clients in acquisitions and dispositions of businesses, the assets or operations of which are regulated by the U.S. Department of Transportation and/or Federal Aviation Administration (FAA), including aircraft parts manufacturers, service vendors, and charter operators. Mr. Hernandez has advised clients on flight department start-up and operations; airline aircraft-related procurement agreements; FAA-compliant owner trustee arrangements for aircraft ownership; ownership, operation and cost recovery/reimbursement arrangements and restructurings; and related regulatory, insurance, and Federal and state tax issues.
Mr. Hernandez has years of experience representing clients in secured debt and lease financings of aircraft and engines, including on- and off-balance sheet transactions, U.S. and Canadian government-supported direct loans and loan guarantees from the Export-Import Bank of the United States (Ex-Im Bank) and Export Development Canada (EDC), foreign-currency denominated secured credit facilities, and multiple lender financing arrangements. He has negotiated finance, leveraged, operating, and Aircraft, Crew, Maintenance & Insurance (ACMI) leases of aircraft; aircraft management, charter use, and modification agreements; private jet card/prepaid charter program agreements, and volume and special charter agreements; hangar leases; and engine maintenance (power-by-the-hour) agreements. He has extensive experience drafting, negotiating and advising clients on aircraft management agreements; pilot services agreements; long- and short-term engine leases; and aircraft use agreements, including time sharing, interchange and joint ownership agreements. In addition, Mr. Hernandez has represented clients in aircraft fractional interest purchases, leases, trade-ins, and sales.
Mr. Hernandez serves as the Managing Attorney of HMS Everett PLLC. Mr. Hernandez practiced business and aviation law – first as an associate and then as a partner – in Am Law 200 law firms (and their predecessor entities), including one of the largest global firms, during the first 25 years of his legal career.
District of Columbia
Harvard Law School, J.D. (1990)
▪︎ Harvard Legal Aid Bureau, Member and Training Director
Wesleyan University, B.A., Latin American Studies (1985)
American Bar Foundation, Fellow
National Business Aviation Association, Member
Reauthorization of the U.S. Export-Import Bank and the Role it Plays in the Aviation Industry, October 17, 2012, The Air & Space Lawyer, Vol. 25, Number 2