Drew M. Derco

Member-in-Charge

Overview

Drew Derco counsels U.S. and foreign airlines on aviation regulatory and policy matters before a number of federal agencies, including the U.S. Department of Transportation (DOT), Federal Aviation Administration (FAA), Transportation Security Administration (TSA), National Transportation Safety Board (NTSB), and Bureau of Customs and Border Protection (CBP). He handles all phases of the airline start-up process and assists foreign airlines with the launch of U.S. service, both for first time entrants into the U.S. marketplace and for existing carriers already serving the U.S. He also assists U.S. and foreign carrier clients in obtaining permit, exemption, and code-share authority from DOT’s Office of International Aviation and negotiates airport lease and use agreements.

Drew specializes in providing practical and creative solutions for clients and offers broad based experience with DOT’s Consumer Protection regime and its regulation prohibiting discrimination against passengers with disabilities in air travel (Part 382). He also advises clients on numerous other U.S. and international regulatory compliance issues, including UAS, legislation, compliance with Office of Foreign Asset Controls sanctions, import/export controls, antitrust, Foreign Corrupt Practices Act, the transportation of hazardous materials, and cargo security matters. In addition, he supports clients in preparing for and defending litigation, investigations, audits, and major enforcement actions before DOT, TSA, and CBP.

In addition to his work representing airlines, Drew provides regulatory advice to clients in the defense, law enforcement, and technology sectors.

Drew is actively involved with the American Bar Association’s Forum on Air & Space Law, serving on the Scholarship Committee and as the organization’s co-membership chair. He also serves as co-membership chair of the International Aviation Club, based in Washington, D.C.

Prior to joining the firm, he advised members of the defense industry on both domestic and international regulatory compliance issues, licensing, and import/export controls.

Representative Matters

Successfully defended several foreign carrier clients in Department of Transportation enforcement actions for alleged violations of DOT’s tarmac delay rule at multiple U.S. airports, including Washington-Dulles International Airport and John F. Kennedy International Airport. In each of the applicable cases, DOT completed its investigation without issuance of a penalty.
Assisted numerous new entrant carriers in initiating passenger service to the U.S. market, including operations to New York’s John F. Kennedy International Airport, Washington-Dulles International Airport, San Francisco International Airport, Los Angeles International Airport, and Miami International Airport.
Assisted European carrier in complex negotiations with a U.S. airport authority concerning the client’s alleged overpayment of service provider fees, obligation to hold leasehold space, and other contractual obligations related to the client’s operations to destination.
Filed comments to DOT Notice of Proposed Rulemaking “Transparency of Airline Ancillary Fees and Other Consumer Protection Issues” on behalf of several foreign carrier clients.
Assisted passenger carrier in complex review and analysis of the Airport Use and Lease Agreement to determine whether airline should continue serving applicable market.
Provide routine advice to clients on numerous Part 382 compliance issues, as well as on compliance with DOT consumer protection rules and proper procedures for responding to consumer complaints.
Conducted in-depth initial and recurrent training on DOT’s disability regulation, 14 C.F.R. Part 382 for several European and Asian carriers.

Spotlight:

Spotlight on . . . Drew Derco

Professional Affiliations

Virginia Bar Association
Virginia Young Lawyers Conference
American Bar Association Forum on Air & Space Law, Co-Membership Chair, Scholarship Committee Member, and Former Young Lawyer Liaison
International Aviation Club of Washington D.C., Membership Chair

Awards and Recognition:

Selected for inclusion in WWL Transport 2024
Named among the Top 10 Influential Regulatory Aviation Lawyers Shaping U.S. Airspace in 2023 by Business Today
Selected for inclusion in 2023 edition of Chambers USA America’s Leading Lawyers for Business for Transportation: Aviation Regulatory
Selected for inclusion in 2022 edition of Chambers USA America’s Leading Lawyers for Business for Transportation: Aviation Regulatory
Selected for inclusion in 2021 edition of Chambers USA America’s Leading Lawyers for Business for Transportation: Aviation Regulatory
Selected for inclusion in 2018 – 2020 editions of Chambers USA: America’s Leading Lawyers for Business as “Up and Coming” in Transportation: Aviation: Regulatory
Selected for inclusion in 2016 and 2017 editions of Chambers USA: America’s Leading Lawyers for Business as an “Associate to Watch in Transportation: Aviation: Regulatory”
Selected for inclusion in the Legal Media Group Expert Guide: Rising Stars 2015 – 2019 (Aviation); Nominee for “Best in Aviation” in 2018 and 2019
Selected for inclusion in Washington D.C. Super Lawyers – Rising Star, 2017-2020 & 2022

News and Insights

Publications

“Negotiated Rulemaking in the Context of Part 382: A Worthy Alternative to Traditional Rulemaking or an Impossible Dream?” , The Air & Space Lawyer, July 2016.
“Licensing Requirements for U.S. and Foreign Air Carriers,” co-author, Aviation Regulation in the United States (ABA Book Publishing, 2014).
“Nondiscrimination on the Basis of Disability in Air Travel,” co-author, Aviation Regulation in the United States (ABA Book Publishing, 2014).
“Airlines Need Protections Too” , The Air & Space Lawyer, May 2013.
“ATF Ruling 2010-10: ATF’s Evolving Policy on Firearms Manufacturing,” Small Arms Review, May 2011.
Contributor to Eckert Seamans’ Aviation Blog

Legal Updates

“Aviation Regulatory Update – March 2024,” April 2024.
“Aviation Regulatory Update – February 2024,” February 2024.
“Aviation Regulatory Update – January 2024,” January 2024.
“Aviation Regulatory Update – December 2023,” December 2023.
“Aviation Regulatory Update – November 2023,” November 2023.
“Aviation Regulatory Update – October 2023,” October 2023.
“Aviation Regulatory Update – September 2023,” September 2023.
“Aviation Regulatory Update – August 2023,” August 2023.
“Aviation Regulatory Update – July 2023,” July 2023.
“Aviation Regulatory Update – June 2023,” June 2023.
“Aviation Regulatory Update – April 2023,” April 2023.
“Aviation Regulatory Update – March 2023,” April 2023.
“Aviation Regulatory Update – February 2023,” February 2023.
“Aviation Regulatory Update – January 2023,” January 2023.
“Aviation Regulatory Update – December 2022,” January 2023.
“Aviation Regulatory Update – November 2022,” December 2022.
“Aviation Regulatory Update – October 2022,” October 2022.
“Aviation Regulatory Update – August 2022,” August 2022.
“Aviation Regulatory Update – July 2022,” July 2022.
“Aviation Regulatory Update – June 2022,” June 2022.
“Aviation Regulatory Update – April 2022,” April 2022.
“Aviation Regulatory Update – March 2022,” March 2022.
“Aviation Regulatory Update – February 2022,” February 2022.
“Aviation Regulatory Update – January 2022,” January 2022.

News Releases

Speaking Engagements

“Hot Topics in Consumer Protection”, moderator, American Bar Association, Forum on Air and Space Law 2023 Washington Update Conference, Washington, D.C., February 2023.
“Practitioner Night,” guest speaker on aviation law, Georgetown Law, 2020.
“The Shifting Security Landscape at Airports after Terrorist Attacks in the Non-Secure Areas,” panelist, International Air Transport Association’s Legal Symposium 2017, Washington, D.C., January 2017.
“Aviation & Transportation Infrastructure: Performance & Prospects,” 2017 Legislative Forum, State Capital Group, Washington, D.C., January 2017.