| Our work in the aircraft industry has grown from our strength in banking and commercial finance. We represent commercial banks and nonbank financial institutions as aircraft lenders and lessors, and over time, our aircraft finance practice has expanded to include airlines and owners and operators of business aircraft.
Our aircraft practice group has substantial experience in the following areas:
Business aircraft
- Acquisitions and sales: Represent purchasers and sellers of business aircraft, both domestic and foreign
- Operating leases: Assist lessors and lessees in connection with leases of fixed- and rotary-wing aircraft
- Management and other agreements: Represent owners and operators in aircraft management, hangar and crew service agreements
Commercial aircraft
- Acquisitions and sales: Regularly represent foreign airlines in connection with the purchase and delivery of commercial and commuter planes. We regularly attend deliveries of Boeing aircraft on behalf of foreign purchasers. We also represented the French government in its acquisition of several AWACS reconnaissance aircraft from Boeing
- Local law matters: Represent foreign airlines, lessors and lenders regarding the enforceability or effectiveness of various purchase and delivery documents under Washington State law and the effectiveness of liens on aircraft collateral under Washington and U.S. federal law
- Delivery opinions: We are regularly retained by foreign airlines, lessors and lenders to render Washington State and U.S. federal law legal opinions in connection with the delivery of aircraft in Washington State or progress payments
Aircraft finance
Our aircraft finance services fall into four main categories:
- Secured and pre-delivery lending: Represent financial institutions in connection with loans secured by either U.S.- or non-U.S.-registered aircraft
- Secured lending: Represent lenders and borrowers on transactions involving loans secured by individual aircraft
- Single-investor leases: Represent lessors or lessees on transactions involving individual aircraft
- Leveraged leases: Represent the equity participants in leverage leases of aircraft
Federal and state taxation
Our aircraft practice group represents aircraft owners on federal and state tax matters related to the acquisition, ownership and operation of business aircraft.
- Entity formation: Advised owners in connection with the formation of aircraft-owning entities
- Like-kind exchanges: Advised purchasers and sellers in connection with like-kind exchanges under Section 1031 of the Internal Revenue Code
- Sale and use taxes: Advised owners and operators of aircraft in connection with a wide range of state sales and use tax matters
FAA regulatory
We help clients in various aspects of the DOT and FAA rules regarding operation of air carriers and regulatory matters relating to the operation of business aircraft.
- Parts 91 and 135: Advise owners and operators of aircraft on matters relating to operations under Parts 91 and 135 of the FARs
- Hazardous materials: Represent airlines on matters relating to the transportation of hazardous materials and the ownership of airport gates
Related services
Drawing on the resources of our full-service firm, we also support our clients in related areas such as:
- Employment and labor law: Represent airlines in union negotiations and related labor matters, as well as employment counseling and litigation, including disputes related to wrongful discharge, discrimination and unemployment compensation. With approximately 70 lawyers in offices across the country, our labor and employment practice is one of the strongest among the country’s full-service law firms.
- Litigation: Represent airlines in a variety of matters related to carrier liability, disputes with subcontractors and suppliers, passenger injury and cargo damage.
- Bankruptcy: We have extensive experience representing secured lenders and lessors in airline bankruptcy proceedings, including Pan American Airways, Continental Airlines and MarkAir.
|
Selected Experience Represented airlines, foreign and domestic banks, and foreign and domestic leasing companies in the acquisition, financing, and resolution of tax issues in connection with more than 490 Boeing commercial aircraft. (Ongoing) Represented client in the sale of a Lear 45 aircraft and the purchase of a Cessna Citation X aircraft in a forward 1031 exchange transaction. (2008) Represented lessor in lease financing of air ambulance helicopters serving communities throughout U.S. True lease transactions. Prepared aircraft lease documentation, negotiation and documentation of syndication sales of leased aircraft. (2008) Sale of aerospace parts and subassemblies manufacturer to Platte River Ventures, a Colorado-based private equity investment firm. (2008) Represented Boeing to uphold district court's decision dismissing a class action alleging racial discrimination in compensation. The 9th Circuit affirmed the dismissal. 517 F.3d 1120 (9th Cir. 2008) Represent agent and participants in $130 million aircraft term and operating loans for heavy lift helicopter operations, with aircraft in Australia, Greece, Korea, Italy, and U.S. (2007) Represented a bidder for Columbia Aircraft Manufacturing in their Chapter 11 proceedings. (2007) Represented protestor before the General Accounting Office and Court of Federal Claims relating to procurement of $100 million helicopter services contract in the Pacific for vertical replenishment services for the Military Sealift Command. Obtained positive merits decision before Court of Federal Claims, Geo-Seis Helicopters, Inc. v. United States, 77 Fed. Cl. 633 (2007), and award of EAJA attorneys’ fees, Geo-Seis Helicopters, Inc. v. United States, 2007 WL 3299024 (Fed. Cl. Oct. 31, 2007). Represented purchaser in the purchase of two Challenger 604 aircraft from seller in Asia with simultaneous resale to buyers in the U.S. and Europe. (2006) Represented awardee in agency, Department of Administration and Superior Court protest challenges involving contract for fixed wing firefighting services. (2003) | | Search Experience | | | |  |
|