Aviation Regulation

Holland & Knight has a comprehensive understanding of the aviation industry, grasping the vast array of regulatory requirements which apply to these businesses. Our federal aviation regulation team has extensive experience with all of the relevant federal regulatory agencies -- including the DOT, FAA, Bureau of Customs and Border Protection, TSA, DHS, and NTSB, as well as complete familiarity with the complexities and commercial demands of the sector. With a client base that spans the breadth of the industry, Holland & Knight meets the needs of airlines, airports, corporate jet and fractional ownership companies, airframe and part manufacturers, tour operators, charter companies, and other related businesses, and can support your needs in any economic, legislative, safety or international aviation regulatory matter.

Airlines

Airline work forms the core of Holland & Knight’s aviation regulatory practice. We are a leader in helping carriers clear regulatory hurdles at the U.S. Department of Transportation and Federal Aviation Administration, and addressing issues that arise with other key agencies, such as the Department of Homeland Security and the National Transportation Safety Board. Our aviation clients include airlines in the United States, Europe, Africa, the Middle East, Asia/Oceania, South America and the Caribbean.

The work we perform for our airline clients is as varied as the companies themselves, and ranges from licensing issues, regulatory compliance, and competition analysis to the defense of enforcement matters. Following is a brief sampling of our airline-related work:

• obtaining economic and operating authority from the Department of Transportation and Federal Aviation Administration
• obtaining operating licenses from foreign regulatory authorities
• negotiating airport leases, obtaining slots and gates for new entrant airlines, and advising on local licensing requirements and regulations
• devising corporate compliance and training programs
• interpreting bilateral air service agreements, and addressing disputes over route rights and access that may arise under such agreements
• advising carriers on changes to aviation security requirements, and defending claims involving violations of federal aviation security regulations
• handling enforcement inquiries from all government agencies, and defending alleged violations of federal aviation regulations
• assisting carriers in seeking limited entry slots and routes in contested agency proceedings
• challenging agency orders at both the administrative and judicial levels
• monitoring and advising clients about key aviation policy developments
• developing communications and legislative strategies geared to shaping key issues of aviation policy

Members of the Holland & Knight aviation regulatory team also have significant business expertise. Over the years, we have handled commercial transactions that have significant regulatory components, and have supported numerous major aircraft finance transactions. For example, we have:

• drafted and negotiated code-sharing agreements and comprehensive alliance agreements, and have secured antitrust immunity for such arrangements
• advised on the regulatory components of major equipment finance transactions
• reviewed and drafted aircraft operating leases
• handled all of the regulatory aspects of airline mergers and acquisitions and have assisted in the negotiation of the underlying documentation
• reviewed and drafted agreements with travel distribution companies
• assisted parties who have had significant assets at risk in airline bankruptcies
• provided advice about the antitrust and competition law issues raised by multi-carrier agreements

Our federal aviation regulation team has a long and successful track record in defending clients in agency enforcement matters. We also have a strong aviation litigation team that handles aviation casualty and litigation matters.

Airports

Holland & Knight offers comprehensive assistance to airports. Our work in this area has included advising on airport rates and charges, commenting on rules governing airspace use and access, and assisting with air service development initiatives. Members of the Holland & Knight team have:

• tracked and lobbied for legislation and regulatory changes that affect airport access
• represented airport interests in airline route allocation proceedings
• analyzed and commented on proposed regulations governing airport rates and charges
• monitored and commented on major environmental initiatives that affect airport operations
• participated in proceedings concerning the construction of major airport facilities

Manufacturers, governments, corporate jet operators, tour operators and charter companies, and other related businesses

Holland & Knight also supports the needs of other aviation-related businesses. Work performed by members of the Holland & Knight aviation regulatory team has included:

• advising parts manufacturers on issues relating to counterfeit or unapproved parts
• advising prospective investors on the restrictions on non-US investment in US carriers
• tracking changes to export rules and regulations
• advising tour operators about compliance with DOT's advertising regulations
• providing advice on the carriage of hazardous materials, and defending carriers in enforcement actions relating to such carriage
• advising corporate flight departments on recordkeeping and safety requirements
• prosecuting applications for Type Certification
• advising shippers on changes to airline safety and security regulations

With a diverse range of aviation law experience and expertise, the Holland & Knight team tempers its aviation regulatory advice with both business and government affairs "know how." Our understanding of the marketplace and extensive contacts at all levels of the Department of Transportation, Federal Aviation Administration, Department of Homeland Security and other agencies, enable us to anticipate, rather than merely react to, major regulatory action. Moreover, with several members of our group having either worked on Capitol Hill (or even served in Congress), we also are well-positioned to help our clients utilize the legislative process to advance their commercial and regulatory goals.