Akin Gump Strauss Hauer & Feld LLP represents clients in all areas of the domestic and international aviation industry, including scheduled and on-demand air carriers, authorized repair stations, aircraft financiers and lessors, and providers of a broad range of aviation manufacturing and support services, as well as individual aircraft and airport operators. Akin Gump provides a fully integrated approach to addressing our clients’ aviation needs, with the ability to efficiently address all of their aviation-specific transactional, regulatory, corporate governance, risk and crisis management, tax, bankruptcy, litigation, and public law and policy issues as they arise.

Aviation Transactions

Akin Gump handles all types of aircraft finance transactions. Our broad experience includes representing—

• several major air carriers in fleet acquisition and sales transactions
• major multinational aircraft and aircraft engine leasing companies
• lenders and borrowers in conventional secured financings and complex leverage lease transactions
• institutional investors and liquidity facility providers in aircraft and lease securitization
• numerous domestic and foreign corporations and individuals in their whole and fractional aircraft purchases and sales.

The firm also has significant experience in negotiating a broad range of aviation operational agreements, including various types of—

• aircraft chartering and operational lease agreements
• aircraft management, maintenance and refurbishment agreements
• aircraft, air charter and air cargo brokering agreements, including both traditional and Internet-based brokerage programs.

Our aviation transactional experience includes our representation of—

• the largest worldwide aircraft leasing company in the divestiture of narrow-body and wide-body passenger aircraft on lease to air carriers in the United States, Europe and Asia; the sale-leaseback of cargo aircraft; and the operating lease of new wide-body passenger aircraft
• a U.S. passenger airline in the acquisition of new fleets of Boeing and Airbus aircraft, including representation on pre-delivery manufacturer-supported financing, permanent leveraged lease financing and operating leases
• a U.S. cargo airline in the acquisition of a new fleet of Boeing aircraft through operating leases
• controlling classes of noteholders in aircraft and lease securitizations
• liquidity facility providers in aircraft and lease securitizations
• institutional investors in public debt secured by aviation assets
• a company providing aircraft maintenance and modification services in the reorganization and sale of that company
• an air cargo carrier in the negotiation of aircraft maintenance and modification agreements for routine Federal Aviation Administration (FAA)-required “C” and “D Checks” and for cargo door conversions on single-aisle aircraft.

Aviation Regulation

Akin Gump’s aviation industry practice encompasses virtually every aspect of international, federal and state regulation of the industry. The firm’s lawyers routinely work with the U.S. Department of Transportation (DOT), FAA and Transportation Security Administration (TSA) on a full range of regulatory matters. This includes broad experience in representing clients with respect to—

• obtaining certificates of public convenience and necessity or other operating authority from the DOT
• obtaining air carrier operating certificates and operating authority from the FAA
• the regulations applicable to the registration of aircraft in the United States 
• regulatory compliance for all aspects of ownership and operation of aircraft and aviation-related businesses
• negotiating with these agencies for the appropriate treatment or designation of our clients under their regulations.

Aviation Policy and Legislation

In the legislative arena, aviation clients have called upon Akin Gump to undertake a variety of projects advocating the policy interests of the aviation industry. These matters have included—

• supporting applications for international route transfer
• advancing legal and public policy arguments in the context of bilateral negotiations
• countering attempts to regulate the computerized reservation system industry
• promoting legislation and regulations to increase airport slot allocations.

The firm has also advocated for our client’s interest in legislation to reauthorize the FAA and has been involved in issues including airport security, passenger facility charges and the passenger bill of rights.

Aviation Trial Advocacy

The firm actively represents aviation clients in a broad range of commercial, personal injury and bankruptcy litigation matters. This has included activity such as—

• representing an aircraft after-market parts dealer in a lawsuit concerning the fraudulent repair and certification of engine parts
• prosecuting a breach of contract matter involving the breach of a long-term aircraft lease
• handling several bankruptcy matters involving fractional providers and major air carriers and their investors and creditors committees.

Aviation Tax Matters

Akin Gump has a diversified federal, state and local tax practice for the benefit of aviation industry clients. The firm provides comprehensive tax planning, administrative and tax controversy services with respect to—

• federal transportation excise and fuel taxes
• federal income tax, depreciation and like-kind exchange issues
• state sales, use and property taxes that arise from the ownership and operation of corporate and commercial aircraft.