Aviation

Representative Experience

Litigation

• Successfully challenged more than $1 billion in proposed airport terminal fees in a landmark DOT proceeding, resulting in a determination that the rates were unreasonable.
• Three successful D.C. Circuit challenges to the FAA fees imposed on air carriers for overflying the United States and using FAA air traffic controllers for the flights.
• Represented airlines in airport rates and charges litigation before the DOT and the U.S. Court of Appeals for the D.C. Circuit.
• Secured a favorable federal appellate ruling invalidating TSA-imposed security screening fees.
• Defended air carriers in nationwide class action litigation, including claims tied to operational disruptions and consumer protection laws.
• Litigated airport access, gate, and terminal disputes before the FAA and in federal courts.
• Represented a municipal government challenging FAA failure to comply with Section 757 of the Federal Aviation Administration Reauthorization Act of 2024 because of the FAA’s failure to stop the improper takeover of a large U.S. airport by a State government.
• Represented an airline in obtaining dismissal of a claim by an air marshal banned from flying on the carrier because of personal misconduct because the claim was preempted by the Airline Deregulation Act.
• Defended airlines against antitrust and RICO claims, including allegations of unlawful coordination under the Sherman Act.
• Represented airports in environmental and aircraft noise litigation, balancing regulatory obligations with operational continuity.
• Represented aviation stakeholders in constitutional challenges under 42 U.S.C. § 1983 involving municipal airport actions.
• Represented airlines in defense of their compliance with the Federal Transportation Mask Mandate during the COVID-19 pandemic.
• Achieved early dismissal of claims through federal preemption defenses under the Airline Deregulation Act, Federal Aviation Act, and Montreal Convention.
• Successfully pursued a claim before the U.S. Court of Federal Claims against the TSA under 28 U.S.C. § 1498 on behalf of the holder of a patented airport screening system, resulting in the recovery of millions of dollars in fees owed for the government’s unlicensed use of the patented technology at U.S. airports.

Regulatory & Compliance

• Represented airlines in DOT enforcement investigations and proceedings, guiding matters from initial inquiry through resolution.
• Enforced and defended federal grant assurance obligations in Part 13 and Part 16 proceedings before the FAA.
• Successfully challenged state and local efforts to impose unlawful labor and wage requirements on aviation service providers.
• Advised aviation clients on NEPA and environmental regulatory compliance, including federal, state, and local requirements.
• Represented entities investigated by DOT to have engaged in unlawful “holding out” as commercial carriers.
• Represented an air carrier alleged to owe the TSA money for screening fees collected from airline passengers.
• Represented pilots and aviation entities in FAA safety enforcement proceedings, including matters before DOT administrative law judges.
• Advised airport sponsors on revenue-use compliance, ensuring adherence to federal restrictions on airport-generated funds.

Transactions & Commercial

• Structured and negotiated aircraft and engine lease transactions for helicopter operators and aviation companies.
• Structured and negotiated purchase and sale of aircraft, ownership of aircraft by businesses and individuals, and leasing of aircraft.
• Counseled business aviation clients on regulatory structuring of leasing arrangements, including FAA compliance considerations for dry leases.
• Advised aviation businesses on airport access, hangar leasing, and property use arrangements, ensuring compliance with federal requirements.

Labor & Employment

• Represented a global airline carrier in employment litigation involving its U.S.-based workforce, including defense of agency complaints, government investigations, and proceedings before federal and state civil rights agencies.
• Served as outside employment counsel to a major airline carrier, advising on day-to-day workforce matters across U.S. operations, including leave and accommodation issues, workplace investigations, discipline and termination decisions, wage and hour compliance, airport-worker compensation requirements, and employment policy development. Worked directly with the General Counsel for the Americas and executive leadership team.
• Represented an international airline carrier in the wind-down of U.S. and Canadian operations, advising on workforce separation matters, legal compliance, employee communications, and related employment issues arising from the cessation of operations.