K&L Gates has an active aviation practice, encompassing virtually every aspect of aviation law.  We represent a wide variety of clients on diverse local, state, domestic and international aviation matters; handle aviation matters throughout the United States, Latin America, Asia and Europe for both foreign and domestic clients; and litigate on behalf of aviation clients in courts throughout the United States, Asia and Europe.  Many of our lawyers are leading practitioners in their field and are active participants in numerous aviation-related professional associations.  Our lawyers are admitted to practice in numerous jurisdictions and have a wealth of experience in the aviation transactional, regulatory and enforcement fields.

Financial Institutions
K&L Gates lawyers have extensive experience representing foreign and domestic financial institutions and leasing companies in connection with aircraft loan and leasing (including operating and finance lease) transactions.  Our aviation lawyers provide clients with comprehensive guidance and assistance on structuring, documenting and negotiating aircraft finance transactions, including cross-border aircraft finance transactions involving multiple jurisdictions.  Our aviation lawyers also have extensive experience assisting financial institutions in connection with aircraft loan workouts and repossessions.  Working closely with their colleagues in the tax, regulatory and litigation support practice groups, our aviation lawyers are uniquely qualified to advise and assist financial institutions and leasing companies with all of their aviation needs.

Representative Matters

• Representation of numerous U.S. and European financial institutions in connection with the financing of executive and commercial aircraft, engines and aircraft parts.
• Representation of leasing subsidiary of large U.S. financial institution in connection with the lease financing of executive aircraft.
• Representation of financing arm of large U.S. aircraft manufacturer in connection with the sale and finance of executive and commercial aircraft throughout Latin American and the Caribbean.
• Representation of foreign lenders in connection with structural and legal issues related to financing U.S. registered aircraft.
• Representation of various European export credit agencies in connection with the financing of several Airbus commercial aircraft to a Latin American airline.
• Representation of a large European aircraft leasing company in connection with several aircraft and aircraft engine sales, operating lease and securitization transactions.
• Representation of European lender in connection with the financing of a joint venture involving two major European airlines.
• Representation of German fund house in connection with a closed-end funds transaction for new Airbus aircraft (German KG operating lease).
• Acted as bond counsel on the financing of a major air and space museum.

Airlines and Charter Operators

K&L Gates has extensive experience representing domestic and international airlines on nearly every kind of legal and legislative issue faced by airlines.  Our clients have included international, national, regional and commuter airlines, air taxi operators, and cargo air carriers.  Our range of airline issues includes:

Corporate, Business & Finance
Corporate structure; securities; antitrust representation on behalf of air couriers, with a particular emphasis on joint ventures and mergers and acquisitions; federal and state taxation; real estate; commercial and insurance defense, litigation on behalf of insured air carriers; labor, collective bargaining and employment discrimination; bankruptcy; antitrust; domestic and international aircraft and engine acquisitions, financing and sales; complex leveraged and operating lease arrangements; leasing and financing transactions involving commercial passenger and cargo aircraft; export licensing and aircraft securitization transactions.

Antitrust
Department of Justice clearance of mergers, acquisitions and joint ventures; federal and state civil and criminal investigations; civil litigation; third party opposition to other parties’ proposed joint ventures and transactions.

Environmental, Noise & Airport Access
Access to federally slot-controlled and locally restricted airports; off- and on-airport real estate and facilities development and financing; environmental matters and noise litigation (including federal and state hazardous waste enforcement proceedings and preventative environmental audits).

Representative Matters

• Representation of several U.S. airlines in financing, leasing, purchasing and selling commercial passenger and cargo aircraft.
• Arranged for export/import loan guarantees and negotiated loans for purchase of aircraft for foreign air carriers.
• Representation of various Latin American airlines in connection with joint ventures and the purchase, sale, finance and leasing of commercial passenger and cargo aircraft.
• Representation of major European air cargo carrier in connection with its aircraft fleet risk management and on several cross-border leases for commercial cargo aircraft.
• Defended domestic carriers in FAA investigations regarding safety issues and appropriate paperwork.
• Secured liquor licenses for domestic and foreign carriers.
• Gained airport access for foreign and domestic carriers.
• Representation of major U.S. air carrier in connection with dozens of antitrust matters.
• Representation of major foreign airline in obtaining U.S. clearance of its merger.
• Representation of numerous foreign carriers in opposition to increases in airport rates and charges.
• Secured DOT and FAA certification and operating authority for U.S. and foreign air carriers.
• Representation of international air cargo operator in connection with numerous negotiations with the FAA, airports and municipalities.

Corporate & General Aviation
K&L Gates lawyers act as counsel for aviation operations of major corporations and for private individuals, both foreign and domestic, in connection with virtually every aspect of their aviation needs.   We have significant experience in reviewing and structuring Part 91 operations and interacting with the FAA in connection with private aircraft operations, including RVSM issues and MMEL letters of authorization.  Our aviation lawyers have assisted clients in connection with aircraft purchase, sales and leasing, fractional interests, aircraft interchange and timesharing agreements, hangar development, aviation-related federal and state tax advice, Federal Aviation Administration (FAA) approvals and exemptions, and defense of FAA enforcement actions.  K&L Gates’ global platform permits us to seamlessly handle complex multi-jurisdictional acquisitions and international aircraft operations using structures that accommodate the modern demands of international business and private aircraft use. 

Representative Matters

• Representation of businesses and high net worth individuals in connection with the acquisition, sale and financing of aircraft.
• Representation of foreign nationals and corporations in connection with the structuring, acquisition, sale and finance of U.S. and foreign registered aircraft through the use of equipment and voting trust structures arranged through leading U.S. financial institutions.
• Representation of business and private clients in connection with the purchase and sale of fractional interest in aircraft.
• Representation of business in connection with aviation, criminal and insurance law matters related to an aircraft accident in Europe.
• Representation of businesses and high net worth individuals in connection with the negotiation of aircraft management and charter agreements.
• Representation of businesses in connection with the purchase, sale and financing of executive aircraft and helicopters in Central Europe.

Aviation Tax
Our aviation tax lawyers have assisted clients in connection with numerous aviation tax issues.   We have provided our clients with comprehensive guidance and assistance in connection with state sales and use tax issues, federal excise tax issues, tax-free (1031) exchanges, depreciation issues, leveraged leases, and passive activity loss limitations.  We also have extensive experience resolving tax issues arising in cross-border transactions. 

Representative Matters

• Representation of businesses and high net worth individuals in connection with state sales and use tax issues throughout the U.S.
• Representation of businesses and high net worth individuals in connection with numerous tax-free (1031) exchanges, including reverse exchanges. 
• Representation of major European airline in connection with a tax-driven lease structure.
• Representation of U.S. financial institutions in connection with tax leases and leveraged leases.
• Representation of major European airline in connection with tax-related aspects of several cross-border leases for its aircraft fleet and on VAT issues.
• Representation of U.S. and European aircraft owners in connection with permanent and temporary VAT importation into the European Community.

Airports
We represent numerous cities, counties, states and municipal authorities that own and operate airports.  We handle regulatory matters for these clients before the DOT, and legislative matters before Congress and local authorities.  Projects include federal funding programs for airport improvements, noise mitigation projects, and essential air service programs.  We have one of the nation’s premier municipal finance practices and have served as bond counsel on many airport facility revenue bond issues.  We represent our airport operator clients on inverse condemnation and noise litigation matters, and on issues concerning tenant default and bankruptcy.  Our lawyers have also negotiated domestic gate rights assignments, hangar leases and acquisitions.

Representative Matters

• Serving as general outside counsel for several municipal airports in connection with engineering and construction contracts, disputes related to new runways, flight terminal, control tower and hangar buildings, land use and zoning issues, jet hangar lease, jet fuel contracts, and FAA regulatory matters.
• Representation of municipal airport in connection with airline operating agreements, financing agreements, rates and charges claims, revenue diversion claims, grant assurance violations, and FAA ROD’s.
• Representation of municipal airports in connection with tax exempt and taxable bond financings.
• Representation of municipal authority in connection with the acquisition of properties for the development of new runways.
• Securing FAA Airport Improvement Program LOI funding for large runway construction projects.
• Utilized congressional support to help secure environmental permitting for airport construction projects.

Manufacturers & Suppliers
Manufacturers and suppliers form another important segment of our U.S. and European aviation practice.  We represent a consortium of foreign industrial companies in cooperation with a major U.S. aircraft manufacturer.  We also represent manufacturers in litigation and have provided representation to air traffic control equipment suppliers on indemnification issues.  We also have extensive experience advising our clients in connection with aircraft management agreements, maintenance, repair and overhaul agreements, service level agreements, ULD management agreements and other commercial aviation matters.  Finally, we have been extensively involved in most aspects of the air-to-ground passenger communications industry.

Representative Matters

• Representation of leading European management companies in connection with the drafting and negotiation of management, maintenance and repair, lease and service agreements.
• Representation of parts manufacturers and vendors in connection with the sale of aircraft parts to major U.S. commercial aircraft manufacturer.