WHEN YOU NEED AN AVIATION LAWYER AS YOUR COPILOT 

Are you involved in an aviation-related dispute or transaction? Then you may need a copilot to help you navigate the uncertainty ahead. The Aviation & Aerospace Group at Cranfill Sumner LLP is comprised of aviation lawyers with extensive experience and knowledge of the issues facing the aviation and aerospace industry. Our aviation lawyers experience spans across regulatory compliance, accident claims, and industry-specific contractual disputes.

WHAT WE DO –WE HELP NAVIGATE THE COMPLEX ISSUES IN THE AVIATION AND AEROSPACE INDUSTRIES

As aviation lawyers, we handle a wide range of cases across the aviation and aerospace industry. These include:

Aviation Accident and Incident Matters – Our aviation attorneys walk clients through the appropriate “checklists” to serve our clients during the stressful time following an accident or incident in the following ways:

  • Advising companies, pilots,  crew members, and/or ground staff involved in an accident or incident on emergency response protocols, communications, and handling insurance claims; 
  • Representing companies in insurance and workers’ compensation claims involving flight schools, commercial operators, charter companies, and general aviation aircraft accidents and incidents, hull damage claims, product liability claims, drone claims, premises liability claims, as well as aviation insurance coverage litigation; 
  • Representing clients in all phases of litigation, including claims processes, pre-suit resolution of matters in settlement negotiations or post-litigation/court-mandated mediated settlement conferences; 
  • Counseling on the assessment of liability exposure and strategic planning for handling issues pre-suit and after suit has been filed;
  • Advising on and handling cases involving aviation and aerospace products liability for manufacturing, technology and service companies that support the aviation and aerospace industry;
  • Analyzing and advising on Federal Tort Claims Act issues, claim process and litigation in aviation and aerospace-related matters.
  • Working with aviation safety boards to investigate the cause and liability in crashes or near-miss incidents;
  • Protecting aviation and aerospace companies’ interests in lawsuits at trial in the State and Federal courts, including appeals to the highest courts;
  • Protecting aviation, aerospace, and drone operators’ trademarks and intellectual property rights;

Aviation and Aerospace Business Transactions and Dispute Matters – Our aviation attorneys help clients find business solutions in contract negotiations and dispute resolution in the following ways:

  • Resolving disagreements between lessors and lessees over aircraft usage and conditions, breaches of contract, breach of warranties and related contractual claims, and including navigating the process for aircraft repossession;
  • Handling business disputes in aviation and aerospace arbitrations through hearings and/or alternative dispute resolution mechanisms;
  • Protecting aviation and aerospace companies’ interests in lawsuits at trial in the State and Federal courts, including appeals to the highest courts;
  • Representing clients in transactions and disputes involving suppliers, maintenance companies, and airport service providers.
  • Organizing or incorporating companies and corporations for aircraft owners, including assisting and consulting with clients on compliance with corporate structures, company policies, employment of pilots, drafting of and compliance with LLC operating agreements, negotiating contracts, and other transactional matters;
  • Advising clients and aircraft brokers in Aircraft Purchase Agreements and closings on aircraft and jet transactions;
  • Protecting clients’ rights in conjunction with the Intellectual Property Practice Group;

Regulatory Compliance Issues- Our aviation attorneys counsel clients on compliance with and consequences for breaching aviation and aerospace related regulations in the following ways:

  • Helping businesses comply with Federal Aviation Administration (FAA) and International Civil Aviation Organization (ICAO) standards;
  • Advising airports and ground operations on practices to meet legal requirements for safety and efficiency;
  • Providing legal advice as part of our representation of major air carriers, manufacturers, Part 135 operators, general aviation pilots, Part 61 and Part 141 flight schools, Fixed Base Operators, airports and other airport vendors, aircraft mechanics, and owners of aircraft, helicopters, and drones;
  • Defending pilots in cases of regulatory violations or accidents that lead to license suspension or revocation, and counseling companies on mitigation of consequences for regulatory violations;
  • Helping pilots and crew members maintain certification and handle legal challenges in renewing or acquiring their licenses;
  • Representing pilots, mechanics, and schools in FAA enforcement and civil penalty actions;

International Aviation and Aerospace Law Matters- With aviation being a global industry, we help clients navigate the complex circumstances internationally as well as domestically in the following ways:

  • Legal representation in cases involving international airlines, aircraft leasing companies, or passengers in cross-border disputes;
  • Analyzing global trade issues for aircraft and aerospace parts manufacturers and distributors, including review and assistance with development of company policies on U.S. customs and export regulations such as ITAR, EAR, and OFAC compliance;
  • Preparing and reviewing aviation and aerospace contracts for companies with global business partners, including international manufacturer, supplier and/or distributor agreements, commercial contracts, commercial invoices, and non-disclosure agreements;
  • Counseling on Montreal Convention claims and issues, as well as international dispute resolution mechanisms, such as international arbitration clauses, choice of law provisions, and venue selection for companies in the aviation and aerospace industry;

In each of our matters, we endeavor to have an open line of communication with clients and to work together as a team to build the right “flight plan” towards an optimum outcome.

OUR EXPERIENCE

Members of our Aviation & Aerospace Group belong to and/or have participated in numerous aviation and aerospace organizations, including the Aircraft Owners and Pilots Association (AOPA) Legal Service Plan panel attorneys, the Aviation Insurance Association (AIA), the International Aviation Womens Association (IAWA), the International Air & Transportation Safety Bar Association (IATSBA), the Experimental Aircraft Association (EAA), the Organization of Flying Adjusters (OFA), the Vertical Aviation International (VAI), and the National Business Aviation Association (NBAA).

The Aviation & Aerospace Group has experience in litigation in several states involving accidents, personal injury, wrongful death, and property damage, as well as providing analysis of issues involving aviation expert witness challenges, aircraft valuation and damages, aircraft repossession, and business contract and tort claims.

Our attorneys regularly speak on aviation and aerospace industry-specific issues including litigation-specific issues, Drone law, international commercial disputes in aviation and aerospace, IP, transactional, and liability issues facing aviation, aerospace, and drone businesses, and many other topics.

Additionally, the Aviation & Aerospace Group leader, partner Mica Nguyen Worthy, is also a Certified Global Business Professional (NASBITE®) who regularly advises on international business issues for the aviation and aerospace industry. As the firm’s practice group leader for International Business Law, she also provides in-depth experience and knowledge on certain international transactions and the issues facing clients with global operations in the aviation and aerospace industry. She has also handled products liability and breach of contract issues involving international sales law, in addition to her state and federal law practice involving aircraft accidents and incidents

Partner Russell Racine is licensed in South Carolina and regularly assists with state and federal issues in aviation, drone, and aerospace claims. He is also the practice group leader for the firm’s IP Practice Group and assists the aviation, drone, and aerospace industry clients with obtaining, protecting, and enforcing intellectual property rights including patents and trademark registrations at the United States Patent and Trademark Office, and internationally through the Patent Cooperation Treaty.

Of-Counsel attorney Charlie Raphun is a commercial and technology law attorney who handles many of the aviation and aerospace clients’ transactional and contract matters. He has helped grow the Aviation Practice Group’s offerings to include the drafting of Aircraft Purchase Agreements for complex aircraft deals, negotiating and revising management agreements for Part 135 carriers and other aviation vendors, forming companies for aviation clients for proper aircraft ownership, and advising on corporate compliance and drafting operating agreements for the operation of the aviation companies. Charlie is also working to further develop the Aviation & Aerospace Group’s offerings in Drone Law capabilities and FAA enforcement action representations through the firm’s Administrative, Regulatory & Government Law Group.

Frequently Asked Questions

What is the role of an aviation lawyer in accident cases?
Our aviation lawyers represent air carriers (airlines), general aviation businesses, and/or charter jet companies in aviation accidents or incidents, and evaluate liability exposure and dispute resolution options.

How can an aviation lawyer help with regulatory compliance?
Aviation lawyers ensure that businesses and individuals follow all aviation regulations, helping them avoid fines and legal action or helping to mitigate the consequences when inadvertent violations occur.

What should I look for when hiring an aviation lawyer?
Look for experience in aviation law, a strong reputation, and a clear understanding of industry-specific regulations. Not every lawyer will understand the complex procedures and evidentiary issues that arise in aviation matters, which can lead to incomplete evaluation of information for the clients.

Can an aviation lawyer represent international clients?
Yes, aviation lawyers often deal with international cases, especially in areas governed by global treaties like the Montreal Convention.

What are the key areas of expertise for aviation lawyers?
Aviation lawyers handle accident cases, regulatory compliance, aircraft transactions, aviation disputes disputes, and insurance claims.

For more information about our Aviation & Aerospace Group, please contact Mica Nguyen Worthy.

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