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Aviation
Dow Lohnes offers its clients over 30 years of experience in the aviation community. This capability is strengthened by our record of success in transactional and litigation matters. We also have extensive experience counseling aviation clients on all business-related fields associated with the aviation industry, including the structuring of mergers and acquisitions and aircraft acquisitions. Members of the Aviation group practice in all federal and state courts, as well as, before the Department of Transportation (DOT), Federal Aviation Administration (FAA), the Department of Homeland Security (DHS), Transportation Security Administration (TSA) and Department of State (DOS). Dow Lohnes's Aviation practice counts among its clients, U.S. and foreign airlines, air taxis, aircraft owners, lessees and brokers, airframe and parts manufacturers, fixed-base operators, charter operators, a computer reservation system, a tariff publishing company and travel agents.
Dow Lohnes's Aviation practice has a demonstrated dept of experience that includes:
Department of Transportation
We bring to our aviation clients vast experience in economic aviation transportation regulation. Our attorneys practiced before the Civil Aeronautics Board prior to "deregulation" and, with the transfer of economic regulatory functions to the Department of Transportation, Dow Lohnes has been active in all phases of DOT proceedings ranging from merger and acquisition to formal enforcement and certificate proceedings. Our work has included:
- representing air carriers which have had their certificates noticed for revocation and/or revoked by the Department of Transportation; and
- licensing a number of new startup carriers, such as, Morris Air and JetBlue Airways Corporation.
Drawing on Dow Lohnes's litigation department and other practice groups within the firm, the Aviation group has actively participated in airline merger cases as well as offering on-going counsel in antitrust regulation. Our attorneys have successfully represented clients in the following matters:
- obtaining operating authority to foreign countries for its clients in contested and uncontested proceedings;
- licensing foreign air carriers for operations in the United States and internationally; and
- representing associations and a company jointly owned by several airlines with the requisite sensitivity to Department of Transportation/Department of Justice jurisdiction, not only in the antitrust area, but also with respect to general business concerns as well as tariff rules and regulations.
Foreign Ownership & Control
The recent interest in foreign ownership and control of United States regulated entities has resulted in the firm engaging in extensive work related to this issue both at DOT and before both Houses of Congress. For example, one of our clients recently received approval for a financing plan that resulted in a major modification to the established standards for foreign ownership and control. We represent both domestic and foreign interests as it relates to this issue.
Lobbying & Legislative Counseling Activities
Many of the Aviation group's clients find that they are affected by actions of the United States Congress, state legislatures and the White House. For that reason, both domestic and foreign companies with commercial interests in the United States need to stay informed about U.S. legislative and regulatory developments. Dow Lohnes provides regular monitoring and interpretation of legislative and regulatory activities for its domestic and foreign clients so they can anticipate developments of U.S. policy affecting businesses.
Litigation
Besides handling administrative matters before the Department of Transportation and the Federal Aviation Administration, attorneys from the Aviation Group have been active in aviation related litigation including:
- 42 class action treble damage suits alleging price fixing in the airline industry;
- a Sherman Act case brought by the Department of Justice against a clients and six other airlines alleging price fixing and a similar suit brought by the States Attorneys General; and
- on behalf of carriers, litigating basic contract issues in federal district court as well as aircraft lease disputes.
Airports
Our Aviation Practice has also represented airports before the Federal Aviation Administration, concerning issues that range from certification of airports, federal funding and grant issues, essential air service issues, to decertification of federally funded airports.
Environment
Dow Lohnes has also represented airports and air carriers on environmental issues associated with airports, airport construction and decertification. For example, all new carrier applications require environmental assessments for issuance of operating specifications from the FAA. Our attorneys, while employed by the FAA, were involved in the first environmental lawsuits filed against the federal government over aircraft noise at federally funded airports, as well as, litigation over the use of federal funds for the development of airports brought under the National Environmental Policy Act. On behalf of several airline clients, we were active before the FAA in the phase out of Stage 1 aircraft and the associated litigation in the United States Courts of Appeals and was engaged in the phase out of Stage 2 aircraft, including processing exemption requests before the FAA.
The Federal Aviation Administration (FAA)
Dow Lohnes is able to leverage its considerable knowledge and experience when representing clients before the Federal Aviation Administration. Our attorneys include a licensed commercial, multiengine, instrument rated pilot. We have represented clients on a variety of aviation-related issues such as:
- drug and alcohol testing matters;
- enforcement proceedings;
- engineering, unapproved parts and maintenance issues;
- airport access problems; and
- during the period the DC-10 was grounded in the United States following a 1979 accident in Chicago, the firm was retained to assist in the recertification of the DC-10 at the FAA by McDonnell Douglas.
We have dealt with grounding orders from the FAA and succeeded in reinstating both the carrier's 121 operating certificate and its economic authority before the Department of Transportation.
Dow Lohnes has considerable experience in handling FAA enforcement proceedings dealing with civil penalties involving fines exceeding $1,000,000. In such proceedings, and in letter of investigation proceedings, we have been very successful in reducing air carrier liability by significant amounts. We have represented carriers and individuals in investigations involving:
- allegations of fraud and removal of officers of air carriers;
- the Military Airlift Command; and
- the first air carrier to be reinstated to full-use status from "non-use" status by the Department of Defense. We have also been active on the issue of slot availability at certain high density airports and the FAA's regulation of these slots. We obtained the largest slot allocation for a new entrant carrier ever.
Airlines & Aircraft Financing & Purchasing
Dow Lohnes has also been active in purchase negotiations, sale and leasing of aircraft and the financing of air carriers. We have pursued and obtained the financing for aircraft purchases, as well as, structured those purchases and sales from a tax and financial standpoint to suit the particular needs of the client. We represented a regional air carrier from its inception, including structuring and financing. Business counseling in all phases of the aviation industry, including review of proposed mergers and acquisitions, is also a strength of the Aviation Group. Other aviation-related matters handled by our lawyers, including work with the United States Postal Service on air carrier mail contract issues, and aviation matters with the United States Customs Service, the Immigration and Naturalization Service and the Department of Commerce.
Aircraft Taxation
Attorneys in the firm's aviation practice are experienced in advising clients on a wide variety of tax matters relating to aircraft and have represented clients in tax controversies involving aircraft. Aircraft-related tax matters on which our attorneys have advised clients include taxable fringe benefits under standard industry fare level (SIFL) rules, qualification for reduced SIFL rates due to business-oriented security concerns, business expense deductions, limitations on deductions for personal use, entertainment expense deduction limitations, deduction limitations on foreign travel, spousal travel deduction limitations, depreciation lives and methods, tax records and reporting, federal transportation excise taxes, passive loss limitations, partnership and S corporation taxation, like-kind exchanges, and state sales and use taxes. We have advised clients with respect to these areas of tax law in a variety of transactions and business arrangements to meet our clients' business needs including leases qualifying for resale exceptions for state sales and use tax purposes, "synthetic" leases, air charter arrangements, time sharing agreements, joint ownership arrangements, fractional ownership arrangements, management services agreements, like-kind exchanges and "reverse" like-kind exchanges.
Department of State
We also represent carriers and other interests in bilateral and multilateral negotiations of aviation matters between the United States and various foreign countries. Projects involving bilateral issues include:
- operating rights to Australia, China, Japan , New Zealand;
- charter rights to Japan; and
- bilateral negotiation issues before the Department of State and Department of Transportation dealing with such countries as Australia, Canada, France, Japan, Korea, New Zealand and the Philippines.
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Publications
October 3, 2007:
FAA Reauthorization Information Alert
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