Transactional

We have extensive experience assisting clients in negotiating, drafting documents for, and structuring the following types of transactions or agreements:

 

Commercial Aircraft and Other Aviation Assets

      • New and used aircraft, engine and spare parts purchases and sales (including purchases of new, large and regional aircraft manufacturers)
      • New and used aircraft, engine and spare parts financings (including secured debt and lease financings, on- and off-balance sheet transactions, government-supported export credit agency financings, foreign-currency denominated secured credit facilities, and multiple lender financing structures)
      • New and used aircraft and engine leases (including aircraft leveraged, operating (dry), and ACMI (wet) leases, and long- and short-term engine leases, on behalf of lessors and lessees)
      • Aircraft maintenance, repair, overhaul and modification agreements (including passenger-to-cargo conversions and winglet installations)

Business Aircraft and Other Aviation Assets

      • New and used aircraft, engine and spare parts purchases and sales (including purchases of large- and medium-size cabin business aircraft from manufacturers)
      • New and used aircraft, engine and spare parts financings (including concurrent, secured and non-secured debt financing arrangements for wholly-private and partial-charter aircraft)
      • New and used aircraft leases (including finance and operating leases)
      • Aircraft maintenance, repair, overhaul and modification agreements (including avionics, exterior and interior cabin upgrades)
      • Hangar leases

Aircraft Fractional Interests

      • Fractional interest purchases (including negotiation of program agreements and side letters with various fractional interest program operators)
      • Fractional interest leases
      • Fractional interest trade-ins (involving the simultaneous purchase and sale of two or more interests)
      • Fractional interest sales (including termination of program agreements and contested fair market value appraisals)

Airline Operations

      • Engine maintenance (power-by-the hour) agreements
      • Parts and services procurement agreements

Flight Department Operations

      • Flight department formation, staffing and vendor agreements
      • Aircraft ownership and operation restructuring
      • Engine maintenance (power-by-the hour) agreements
      • Aircraft management and charter use agreements
      • Time sharing agreements
      • Interchange agreements
      • Joint ownership agreements
      • Pilot services agreements
      • Aircraft use policies
      • Firearms aircraft-carriage policies
      • Visa waiver program registration for private aircraft

Aircraft Charter

      • Private jet card/prepaid charter programs (involving various aircraft sizes and various program operators)
      • Volume charter agreements
      • Special charter agreements

M&A

        • Acquisitions and dispositions of aircraft parts manufacturers
        • Acquisitions and dispositions of aircraft service vendors
        • Acquisitions and dispositions of aircraft charter operators

Regulatory

We assist international, U.S. and non-U.S. airlines and aircraft charter operators to obtain operating authority, route authority, and access to restricted airports in the U.S.  We have extensive experience assisting clients in resolving U.S. Department of Transportation (DOT) and Federal Aviation Administration (FAA) enforcement actions relating to air carrier advertising, hazardous materials, and service disruption.  We assist clients in the formation and administration of FAA-compliant owner trustee arrangements (including trusts for ownership of multiple aircraft).

Tax

We advise clients in connection with the following tax matters:

▪︎ Federal income and federal excise taxes relating to the acquisition, disposition and operation of aircraft, including Section 1031 tax deferred like‐kind exchanges and air transportation taxes

▪︎ State sales and use taxes relating to the acquisition, disposition and operation of aircraft

▪︎ State aircraft registration fees and personal property taxes

▪︎ European Union (EU) value-added tax (VAT) on non-EU aircraft operating in the EU

We have significant experience structuring the purchase, sale, and operation of aircraft taking into consideration federal income and excise taxes, and state sales and use taxes.

Labor & Employment

We advise clients on the following employment and labor law matters:

▪︎ Employee discipline, hiring, termination, accommodation and other employee issues (including in connection with unionized employees)

▪︎ Employee handbooks (including drafting employee handbooks, and developing and presenting company-wide training on the employee handbook)

▪︎ Collective bargaining agreements (including drafting and negotiation)

▪︎ Union avoidance

▪︎ Code of ethics (including preparing and providing training to business units)

Dispute Resolution & Litigation

We assist clients in resolving business disputes, including assessing, responding to, and prosecuting legal claims.  Our experience encompasses all aspects of claim resolution, including negotiation and litigation.