Transportation

Aviation Law

Thompson Coburn’s aviation attorneys have represented some of the largest air transport enterprises in the United States. Our aviation group is uniquely positioned to assist air carriers in staying abreast of developments in aviation, economic, safety and security regulations and in responding to the legal challenges they present.

We counseled the Air Transport Association (ATA), representing the air carrier industry on international liability and environmental issues and regulatory matters, and we drafted an industry-wide arrangement for carriers to modernize their international liability rules pending the negotiation of a new treaty. Our aviation legal team includes a former Assistant General Counsel for International Law at the U.S. Department of Transportation (DOT) who presided over the sunset of the Civil Aeronautics Board and the transfer of its functions to the Department. We also serve as counsel on appellate matters relating to international aviation, specifically passenger and cargo liability issues under the Warsaw and Montreal Conventions.

In addition, our aviation attorneys:

• Advance client interests in matters before the International Civil Aviation Organization, DOT, Federal Aviation Administration (FAA) and National Transportation Safety Board, including the interests of trade associations, carriers, major airports, corporations and individuals.
• Handle regulatory and other administrative matters before the DOT for the cargo and passenger air carrier industry and represent small operators in FAA enforcement actions.
• Counsel companies and individuals in a/c purchase, leasing registration, fractional ownerships and startup certification.
• Monitor federal legislation affecting the air transportation industry and represent client interests in such legislation.

Transactional
Our attorneys have represented aircraft owners and operators in connection with wet and dry leases, and the purchase and sale of aircraft and fractional interests in aircraft. Our regulatory experience enables us to structure transactions to achieve the client’s objectives.

Aviation Finance
We represent aviation industry clients who have bought and sold aircraft, both new and used. Our attorneys have represented lenders and operators in connection with the financing of aircraft acquisitions, including direct loans and financing leases. We have structured like-kind exchanges under Section 1031 of the U.S. Internal Revenue Code. We have handled the export of destroyed aircraft and have devised ways to minimize or avoid the sales and use tax on acquisitions. In addition, we have handled acquisitions of fractional ownership interests in corporate aircraft for Fortune 500 and other companies.

Tax
Our firm assists clients in evaluating taxes that affect their aviation businesses. We recommend approaches that help minimize the tax consequences for businesses transporting cargo or passengers by air. We have assisted with the negotiation of multiple international tax treaties and reciprocal tax agreements.

Environmental
Our attorneys are experienced in dealing with the multitude of environmental issues affecting the aviation industry. As counsel to the ATA, our firm represented the airline industry with regard to the regulation of aircraft noise and emissions from aircraft operations in the United States and worldwide.

Regulatory
We represent aviation clients before both the FAA and the DOT on safety, licensing and economic matters. We use our knowledge of the regulatory system to develop innovative and precedent-setting operating structures for carriers. We also have represented industry interests in a wide variety of proceedings, including judicial review of agency action.

Litigation
The aviation group regularly represents air carriers before federal courts, including the Courts of Appeals and the U.S. Supreme Court.