Aviation - Legal services - Hogan Lovells

Aviation

Our aviation practice works with operators, manufacturers, airports, investors, and others to deliver solutions in complex regulatory, transactional, litigation, and policy matters across markets worldwide.

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Chambers USA notes that ours is a “highly acclaimed regulatory practice working with an impressive client roster comprising airlines, airports, and aviation industry manufacturers, as well as private equity firms and financial institutions.” Chambers Global has recognized us as “a one-stop shop for all aviation finance leasing work.”

We advise clients operating in one of the world’s most highly regulated industries, where regulatory, operational, and commercial considerations are deeply intertwined. We offer not only one of the deepest and longest-standing traditional aviation practices, but also a leading presence at the cutting edge of aviation innovation.

With offices spanning the globe, with key hubs in the U.S., Europe, and Asia, our service is seamless. Clients benefit from our aviation lawyers' in-depth understanding of the industry, and the regulatory, economic, and financing landscape across jurisdictions and markets.

Regulatory & Policy

A core pillar of our aviation practice is advising clients on complex regulatory matters before the U.S. Department of Transportation (DOT) and the Federal Aviation Administration (FAA). We counsel airlines, manufacturers, investors, and emerging aviation companies on economic authority, consumer protection, operational licensing, safety compliance, exemptions and waivers, enforcement actions, antitrust/competition, environmental matters, and agency rulemakings. Our lawyers also guide clients through DOT and FAA approvals related to cross border operations, airline alliances, and M&A. Drawing on our team’s deep government experience and sector-specific expertise, we bring an insider’s perspective to navigating regulatory risk and advancing strategic objectives.

Clients benefit from our aviation team’s significant experience in government, including in the FAA, DOT, the U.S. Department of Justice, the U.S. Army, Congress, and the White House. Among others, our team includes a former FAA Chief Counsel and a former Chair of the U.S. Senate Aviation Subcommittee. We bring first-hand insight into regulatory decision-making, enforcement priorities, agency processes, and legislative policy-making and oversight.

Finance, Capital Markets, and Commercial Agreements

Our aviation finance team has extensive experience structuring and documenting complex cross-border aviation finance transactions, working closely with our regulatory and transactional colleagues to support execution and long-term operational certainty. Our capabilities span export credit agency-supported financings, the acquisition, financing and disposal of individual aircraft and of aircraft portfolios, and advising on commercial and tax-based (and, in particular, French and Japanese tax-based) financing, export credit agency (ECA) supported and non-payment insurance (NPI) supported financing, Islamic financing, pre-delivery payment financing, and securitizations (both "true sale" and synthetic).

Hogan Lovells advises on the full spectrum of international capital markets transactions in the aviation sector including corporate and sovereign bonds, securitizations (including CDOs and repackagings), derivatives and structured products. Our clients include arrangers/ underwriters, sovereign and corporate issuers, and transaction services providers.

We also regularly support aviation clients with their commercial contracts, such as supplier agreements, charter agreements, distribution agreements, property leases, and government contracts.

Disputes

Our dispute resolution team includes aviation specialists who routinely handle matters for aviation clients and know the industry.  Our team has a track record of producing extraordinary results for clients using both formal in-court and out-of-court dispute resolution processes.

We handle a range of litigation specific to the aviation industry, including claims relating to groundings, delivery delays, disputes with lessors and lessees, claims involving private or corporate jets, hull loss, major accident litigation and related criminal or regulatory investigations. We advise on everything from product liability torts to contractual disputes to challenging regulatory agencies’ decisions and rulemakings.

Summing It Up

Together, our global aviation team advises on issues covering every segment of the aviation industry, helping airlines, banks, lessors/lessees, government authorities, equipment manufacturers, investors, airports, repair facilities, aviation trade associations, business aviation operators, helicopter operators, fractional ownership providers, unmanned aircraft systems (UAS/drone) manufacturers/operators, travel agencies, commercial space companies, corporate aircraft operators, and high net worth individuals manage regulatory risk, execute commercial objectives, address operational challenges, and pursue strategic opportunities in the global aviation market.

Representative Experience

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Conducted diligence and secured regulatory approval for Stonepeak’s $3.1B acquisition of ATSG, the parent of three Part 121 air carriers, two Part 145 repair stations and two Part 142 training centers
Provided aviation regulatory advice and diligence in support of Cirrus Aircraft’s initial public offering on the Hong Kong Stock Exchange
Conducted diligence and secured regulatory approval for HIG Capital’s acquisition of Part 121 air carrier USA Jet
Performed due diligence and secured regulatory approvals on behalf of Republic Airways in its merger with Mesa Airlines
Won a dismissal by an NTSB Administrative Law Judge rejecting an FAA attempt to revoke an air carrier’s Part 121 certificate
Successfully represented American Airlines in a DOT competitive route proceeding to serve Tokyo Haneda airport
Obtained a certificate of public convenience and necessity for Gridiron Air and authority to participate in public charter operations
Assisted CNN in securing the first-ever FAA waiver to legally fly drones in the U.S. for news gathering and reporting activities over people
Representing numerous airlines and lessors in financings of Boeing and Airbus fleets
Represented several airlines and aircraft lessors in relation to their claims against Boeing arising from the 737 MAX grounding
Advised National Air Traffic Services, the UK national air traffic control provider, on all aspects of its privatization, its subsequent restructuring and its refinancing
Represented Brazilian airline Azul in a series of groundbreaking recapitalization and restructuring transactions

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