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The Washington,
D.C. office of Eckert Seamans
represents numerous airlines in regulatory compliance, commercial transactions
and litigation. Our aviation attorneys have successfully represented
clients before the U.S. Departments of Transportation, Homeland Security and
Justice in connection with regulatory proceedings, audits and
investigations. In 25 years together, we have addressed virtually every
legal issue facing foreign airlines operating to the United
States.
Regulatory
Our aviation attorneys have represented both large established airlines as
well as new entrant international airlines on legal issues arising from their
operations to the United
States, such as:
- Obtaining operating licenses and assisting airlines in meeting
U.S. federal, state and airport
requirements;
- Representing airlines before the Federal Aviation Administration (FAA), the
Department of Transportation and the Transportation Security Administration
(TSA) in enforcement proceedings;
- Obtaining charter authority and operational authorizations for blocked space
arrangements, codeshares and wet leases;
- Assisting airlines in obtaining Federal Aviation Administration (FAA) air
operator certificates and in ongoing compliance with federal aviation
regulations, including aircraft registration; the import and export of aircraft
to and from the United States; and airworthiness, operational and new training
requirements;
- Preparing comments on proposed regulatory measures impacting the aviation
industry;
- Obtaining international carrier customs bonds and handling
U.S.customs and immigration issues;
- Advising airlines on consumer issues, including advertising rules and other
potential unfair competitive practices.
Transaction and Corporate
Our attorneys have had years of experience in representing airlines in the
purchase, leasing and financing of new and used aircraft, engines and related
equipment as well as advising them on general corporate matters. The
firm’s aviation group includes Tom Whalen, who was one of two U.S. Delegates on
the drafting committee which drafted the Cape Town Convention and Aviation
Protocol. The Cape Town Convention, now in effect in twenty-two countries,
will govern most aircraft transactions in the future.
Our transactional services include:
- Drafting and negotiating aircraft purchase, sale and lease
documentation as well as fractional governing documents;
- Assisting in aircraft broker, lender, management/charter company and
insurance selection negotiations;
- Creating a coordinated strategy for federal and state taxes, FAA compliance
and liability protection planning;
- Defending IRS audits.
We also advise our airline clients on such corporate issues as:
- Ensuring compliance with U.S.employment laws affecting foreign
and locally engaged staff;
- Advising clients on Government audits of user fee collections by airlines;
- Representing airlines before airport authorities on leases of airport
premises, gates, airport user fees and other operational issues;
- Preparing documentation for service and trademark registrations;
- Preparing and reviewing contracts with travel agents and wholesalers,
charter contracts and maintenance and spare parts contracts.
Legislative
Based in Washington,
D.C., the firm’s attorneys and
staff advise clients on upcoming legislative and regulatory matters.
Our attorneys attend Congressional hearings and meetings at the various agencies
in support of our airline clients and prepare comments as requested on proposed
regulatory measures impacting their airline interests.
Litigation
Our aviation attorneys have litigated numerous aviation cases in federal
courts throughout the United
States and have represented airlines in
international arbitration proceedings. Our attorneys have established
legal precedent favorable to foreign airlines on such matters as jurisdiction of
U.S. Courts over non-U.S. Companies; the Foreign Sovereign Immunities Act;
export controls; the Warsaw Convention and the extraterritorial extension of the
U.S. Antitrust Laws.
We have successfully litigated disputes on behalf of airlines before
International Arbitration Tribunals established under the International Chamber
of Commerce, the American Arbitration Association and the Algerian Accords.
Immigration
Eckert Seamans immigration attorneys assist employers in structuring hiring
programs and managing immigration matters in order to enable employers to
compete more effectively in the global market place for the best professional
talent.
We assist employers with maneuvering through complex and nuanced immigration
laws and regulations, and navigate through the multitude of procedures of the
U.S. Department of Homeland Security and the Bureau of Citizenship and
Immigration Services, as well as the U.S. Departments of State and Labor, in
connection with the hiring of foreign individuals.
Our services also include providing advice on securing employment-based
temporary and permanent visas, including B-1 business visitor visas; H-1B
specialty occupation visas; L-1 visas for cross border intra-company transfers
of key personnel; E-1/E-2 Treaty Trader/Treaty Investors Nonimmigrant visas;
National Interest visas; and compliance with federal immigration and labor laws
affecting the employment of foreign nationals.
Representative Clients
| Air Berlin |
China Cargo Airlines |
| Air Pacific Limited |
China Eastern Airlines Co. Ltd. |
| Air Tahiti Nui |
HiFly |
| Aladia Airlines |
Nolinor Aviation |
| Brussels Airlines |
Olympic Airlines |
| CAL Cargo Airlines Ltd. |
Swiss International Airlines Ltd. |
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WestJet |
We have also provided, on an as needed basis, regulatory and commercial
advice to other airlines such as:
| Cathay Pacific |
Israir |
| Ethiopian Airlines |
Kenya Airways |
| Gulf Air |
Saudi Arabian Airlines |
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Sri Lankan Airlines Limited |
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