FAA and Aviation Law Services

Disputes

• Represented a commercial airline in a multimillion-dollar fraud and breach of contract claim brought against a national telecommunications corporation.
• Represented a commercial aircraft product manufacturer in a case involving product design, testing and related issues.
• Defended an avionics firm regarding the unauthorized access of data and exfiltration of $70 million worth of trade secrets disclosed to competitors.
• Filed an amicus brief for the entire U.S. defense industry in a critical appeal before the U.S. Court of Appeals for the Federal Circuit involving government contractor immunity for patent infringement. In an en banc decision, the court adopted our position that contractor immunity should apply and agreed that the government should be held liable for patent infringement in cases involving the non-U.S. manufacture of component parts for the F-22 stealth fighter.
• Defended a protest in the U.S. Court of Federal Claims (COFC) of a DoD United States Transportation Command (USTRANSCOM) aviation fuel contract, defending an award in a temporary restraining order hearing and defending an award on the merits through the decision, resulting in the affirmation of a contract award.
• Defended an internationally known provider of airport ground services and air cargo handling with respect to a series of collective actions brought in federal courts in New York and Florida by airplane fuelers claiming failure to pay for all time worked. Specifically, the plaintiffs claimed that they were not paid for time worked at the beginning or end of their shifts or for time worked during scheduled meal breaks. Secured favorable class settlements for our client while also obtaining summary judgment for the client on spinoff misclassification cases.
• Represented an aviation products manufacturer in a case involving printed circuit boards and related technology.
• Obtained favorable settlements in several Global High Wealth examinations and Tax Court proceedings, including matters relating to private aircraft ownership and usage.

Transactions

• Represented TransDigm Group as regular M&A counsel in multiple transactions, including its acquisition of Airborne Global, Arkwin Industries, GE Aviation’s Electromechanical Actuation Division and Aero-Instruments.
• Represented an electric vertical takeoff-and-landing company in more than $800 million in equity and debt financings.
• Represented Cyprium Investment Partners LLC in its minority investment in Albers Aerospace Holdings LLC.
• Represented Lincoln Electric Holdings Inc., a Nasdaq-listed welding products and systems company, in its acquisition of Fori Automation Inc., a manufacturer of automated welding systems serving aerospace OEMs, for $427 million.
• Represented Micross Components Inc., a provider and manufacturer of electronic components for aerospace, defense, space, medical and industrial applications, in its acquisition of PAAL Technologies Holdings Inc., a provider and manufacturer of components, applications and services to the aerospace and defense and space industries, including data bus components and radio frequency transformers.
• Represented Adranos Inc., a manufacturer of solid rocket motors, in its sale to Anduril Industries, a defense technology company.
• Represented the lead venture investor in a $65 million Series B-1 preferred stock financing by an aerospace technology company.
• Advised U.S. and foreign aerospace companies on Committee on Foreign Investment in the United States (CFIUS) jurisdictional and filing analyses, including counseling on whether filings are required, drafting CFIUS declarations and voluntary notices, and representing companies throughout the CFIUS process.
• Advised a Canadian public company on multiple acquisitions and a joint venture in the aviation industry.
• Negotiated lease agreements for Boeing 737 aircraft, a series of additional ATR 72 aircraft and two additional Twin Otter aircraft for an international airline.
• Represented a global airline in negotiating a new passenger reservations system agreement with a global technology travel company, saving $1.8 million.
• Renegotiated collective bargaining agreements with unions representing pilots and flight attendants, significantly reducing labor costs by $10 million and increasing productivity, for an international airline.
• Represented an international airline service in restructuring individual employment agreements, resulting in a 20 percent reduction in employee costs, and effectively managed employee redundancies as part of the overall restructuring process.
• Assisted clients in structuring aircraft purchases and related sales tax audits.

Compliance and Advice

• Served as outside general counsel to an emerging aerospace company, advising on supply chain strategy and contracting, operations, and general corporate and commercial matters.
• Provided counseling to business stakeholders regarding privacy and data security implications of leveraging and supporting unmanned aerial vehicles and other emerging technologies.
• Counseled a U.S. developer of electric aircraft on an array of export control issues, including export jurisdiction and classification analyses of the company’s products and technologies as well as implementation of export control policies and procedures, and provided related training.
• Advised an aerospace client regarding contracting structure and terms for the purchases of direct parts and raw materials, manufacturing machinery, parts and components, plant operations support and services agreements.
• Advised a large aerospace company regarding compliance with export controls, economic sanctions and related issues. Prepared technical assistance agreements and license applications for submission to the U.S. Department of State. Prepared voluntary disclosures of possible regulatory violations to the State Department and United States Census Bureau.
• Represented a U.S. drone industry startup in connection with an export control commodity classification request and a CFIUS national security review.
• Counseled a U.K. aeronautics firm on International Traffic in Arms Regulations (ITAR) compliance with respect to storing technical data in the cloud.
• Counseled aerospace manufacturing clients of all sizes and stages regarding government contract intellectual property (IP) issues arising under contracts, subcontracts, other transaction authorities, grants, cooperative agreements, and cooperative research and development agreements.
• Led a seamless transition of wholesale rebranding and a change of corporate name for a major international airline, including all aspects of its IP portfolio, regulatory compliance and corporate transactional matters.
• Managed a worldwide trademark and domain portfolio on behalf of a global airline and its subsidiaries.

Investigations

• Represented one of the largest aircraft ground-handling companies in an internal investigation involving the arrest of employees in the dry-ice bombings at Los Angeles International Airport.
• Represented a multinational entity in relation to an investigation by the FAA for violations in transporting hazardous material.
• Appointed by the U.S. Department of Justice (DOJ) to serve as the monitor of an aerospace components manufacturer in resolution of alleged violations of the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA). The appointment was made at the DOJ’s request based on the government’s favorable response to our representation in defense of the company during the initial government investigation and following our comprehensive internal investigation and report to the DOJ, resulting in a non-prosecution agreement.
• Represented one of the largest aerospace defense contractors in the U.S. in an FCPA-related internal investigation of a Russian reseller involved in the distribution of products to government-affiliated end users in Russia. The investigation of the reseller arrangement implicated issues around implementing compliance policies in the culture and practices of acquired businesses as well as effective oversight of third-party intermediaries and affiliates. Our team offered enhancements to policies and procedures to strengthen the company’s compliance processes and integration of acquired businesses into the corporate compliance framework.
• Successfully represented a United Arab Emirates aircraft lease and charter company in connection with the Bureau of Industry and Security’s Office of Export Enforcement’s detention of an aircraft in the U.S. under the mistaken belief that the aircraft was going to a Russian airline in the Russian Federation after imposition of the February 2022 Russia sanctions.