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.

Transactional 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.