David Heffernan and Rachel Welford discuss the significant changes the DOT made to its regulations relating to the transportation of service animals by air.
Aviation is truly the engine of the global economy. The industry today faces a number of significant challenges, including maintaining safety and security, limiting environmental impact, and weathering volatile economic conditions. Cozen O’Connor’s dedicated team has deep industry-specific knowledge of aviation laws and norms, and provides regulatory, litigation, and business counsel to clients operating in every area of the aviation and aerospace fields. Now more than ever, given the legal and regulatory implications the aviation industry faces in the shadow of COVID-19, including those attendant to the transport of the vaccine, counsel on the cutting edge is essential. Few law firms support an aviation practice as robust as Cozen O’Connor’s.
Indeed, as other firms turn increasingly to niche markets, Cozen O’Connor continues to invest in its full-service aviation practice. We believe that aviation clients benefit from seamless, comprehensive representation through a single law firm. Cozen O’Connor has attorneys with experience in a vast range of related subspecialties and offers global reach. With offices in 30 cities across North America and Europe, and extensive experience working in Asia, Latin America, the Middle East, and Africa, Cozen O’Connor is ready to respond wherever and whenever needs arise. Our Rapid Response Team can provide immediate and ongoing counsel in response to aviation accidents and incidents.
We represent major U.S. and foreign passenger and cargo air carriers, airline trade associations, airports, aircraft, aviation products and component part manufacturers, aviation and aerospace insurers and reinsurers, repair facilities, and manufacturers and operators of unmanned aircraft systems (drones). We also serve aircraft lessors, air travel distribution companies, air/ground express delivery companies, logistics specialists, and large corporations, banks, private equity funds, and other investors with aviation-related operations or transactions.
Regulatory. Cozen O’Connor attorneys advise clients on the full array of laws and regulations, including those enforced by the U.S. Department of Transportation (DOT), the Federal Aviation Administration (FAA), the Department of Homeland Security and Transportation Security Administration (TSA), and the Antitrust Division of the Department of Justice. We assist with regulatory compliance; appear before executive branch agencies; and advocate before policymakers and regulators in Washington, D.C. During the coronavirus pandemic, our team has been actively involved in advising major U.S. and foreign airlines and other aviation companies on a wide range of COVID-related issues, including those under the CARES Act.
Litigation. Cozen O’Connor handles wrongful death and survival actions, personal injury claims, product liability and recalls, property damage claims, liability claims, coverage disputes, air accidents, and other claims under the Montreal and Warsaw conventions. Cozen O’Connor has earned its reputation as a top trial firm by successfully trying multi-million dollar aviation claims to verdict and aggressively negotiating favorable settlements on behalf of aviation clients.
The firm also assists aviation clients in state and federal government investigations. Firm attorneys regularly represent subjects and third parties in federal investigations of all types, including mergers, civil antitrust, consumer protection, and criminal. The firm has a dedicated State Attorneys General practice that defends clients against state consumer protection, deceptive trade, and advertising claims.
Business Transactions. Cozen O’Connor regularly assists with major aviation-related transactions, including mergers, acquisitions, alliances, joint ventures, sale and leasing of aircraft, aviation financings, and aircraft management and ownership agreements. Our aviation attorneys work closely with antitrust, energy, environment, finance and tax specialists, all of whom have experience in the aviation industry, to support innovative cross-border deals and develop innovative solutions in order to maximize value for clients.
The aviation team includes fellows in the prestigious American College of Trial Lawyers; a member of the U.S. delegations to international air transport agreement; a past president of the Insurance Law Commission of the Union Internationale des Avocats; a special assistant U.S. Attorney; a former Air Force Judge Advocate; an editor of leading treatises on aviation law in the United States and Europe; the editor-in-chief of The Air & Space Lawyer, a quarterly publication of the American Bar Association; a member of the International Association of Women in Aviation; and a former military pilot with thousands of flight hours.
January 05, 2022
Rachel Welford discusses TSA's recently releases Air Cargo Security Roadmap.
October 28, 2021
Jonathon Foglia and Rachel Welford discuss the president's proclamation and the CDC's orders that impose additional restrictions and documentary requirements on airlines and other air operators, passengers, and crew members to combat the spread of the virus that causes COVID-19.
July 12, 2021
Jonathon Foglia and Rachel Welford discuss President Biden's executive order to promote competition across the U.S. economy.
June 22, 2021
Rachel Welford discusses the TSA's new Secured Packing Facility program designed to help ease the burden of complying with new cargo screening requirements.
April 29, 2021
Rachel Welford discusses DHS's extension of the REAL ID deadline to May 3, 2023.
March 15, 2021
Rachel Welford and Katie Sobotta discuss the American Rescue Plan Act of 2021 that provides much-needed relief to airlines for the continuation of employee wages, salaries, and benefits.
February 16, 2021
Mark Atwood discusses the CDC, DOT, and TSA's orders and notices requiring all passengers to wear masks but also allowing exceptions for persons with disabilities, and what air carriers should do in the next couple of weeks to determine how to thread this needle.
February 08, 2021
David Heffernan co-authored an article for Aviation Daily discussing how the U.S. Transportation Department (DOT) issued a rule clarifying how it interprets its statutory authority to prohibit airlines from engaging in “unfair or deceptive practices.”
January 15, 2021
Rachel Welford and Kathryn Sobotta discuss the CDC's new notice and order requiring pre-departure negative COVID-19 tests from all U.S.-bound passengers traveling by aircraft from any foreign country.
January 12, 2021
David Heffernan contributed an article to Law360 discussing what the DOT plans to do to prohibit unfair and deceptive airline practices.
December 07, 2020
David Heffernan and Rachel Welford discuss the DOT's new regulation, “Traveling by Air with Service Animals,” that substantially revises its rules governing the transportation of service animals onboard aircraft.
November 10, 2020
Rachel Welford discusses TSA’s third-party testing program and the GAO's report that it may be in need of a tune-up.
October 20, 2020
Steve Haas discusses recent guidance regarding the suspension of the 7.5 percent air transportation federal excise tax and how it may impact your travel plans in 2021.
September 30, 2020
Rachel Welford discusses the bipartisan bill that would require TSA to conduct temperature checks on all passengers and other individuals seeking entry to an airport’s sterile area.
July 27, 2020
William H. Walsh and Anusha E. Jones discuss potential preemption defenses that could be available to airlines and their potential effectiveness.
July 17, 2020
David Heffernan discusses the DOT's consent order against Volaris and how it may provide insights into how DOT is approaching enforcement during COVID-19.
May 20, 2020
Rachel Welford discusses how and why TSA should begin temperature screenings.
May 13, 2020
Rachel Welford discusses DOT's guidance for airline carriers operating flights to, from, and within in the United States on when it is necessary to offer ticketed passengers refunds.
April 28, 2020
David Loh and Chris Raleigh discuss the possibility of the U.S. Supreme Court permitting U.S. discovery in international private arbitration and what that means for foreign companies doing business in the United States.
April 20, 2020
Rachel Welford discusses the FAA's guidance for passenger airlines contemplating using empty apace in their aircraft to transport cargo.
April 15, 2020
Rachel Welford discusses the TSA's RFI soliciting input from the air cargo industry regarding new international screening standards for air cargo.
April 07, 2020
Rachel Welford and David Heffernan discuss DOT's notice regarding "Refunds By Carriers Given the Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel" and what carriers must do to ensure their compliance.
April 06, 2020
Steve Haas discusses the suspension of the FET and what jet cardholders and customers of on-demand charters should do.
March 31, 2020
David Heffernan and Rachel Welford discuss DOT's proposed parameters for implementing the authority granted it by the CARES Act to maintain scheduled air transportation to U.S. points.
March 27, 2020
Steve Haas discusses options for individuals for whom aviation travel is a necessity, including private charters and jet cards.
March 26, 2020
Rachel Welford explains why DHS postponed REAL ID compliance to October 1, 2021.
March 16, 2020
David Heffernan discusses the FAA's announcement that carriers that cancel or reduce service at U.S. slot controlled airports will not forfeit their slots.
March 13, 2020
David Heffernan co-authored an article for The Air and Space Lawyer, explaining how the FTC, in applying its test for "deception," determines what constitutes "reasonable" consumer behavior.
March 06, 2020
Rachel Welford discusses DOT's “Enforcement Notice Regarding Denying Boarding by Airlines of Individuals Suspected of Having Coronavirus.”
March 04, 2020
Mark Atwood discusses the February 28, 2020, Notice of Proposed Rulemaking.
February 19, 2020
Rachel Welford discusses the GAO's recommendations to the TSA for combatting insider threats at U.S. airports.
February 03, 2020
David Heffernan and Rachel Welford discuss the significant changes the DOT made to its regulations relating to the transportation of service animals by air.
December 19, 2019
Martin S. Bloor and Don Kassilke the DOJ's revised guidance regarding VSDs to further encourage companies to self-report potential criminal violations of the U.S. export control and economic sanctions laws.
October 28, 2019
David Heffernan and Rachel Welford discuss DOT's efforts to conform their regulations to the FAA Extension, Safety, and Security Act of 2016’s requirements.
October 01, 2019
David Heffernan discusses the FAA's advance notice of proposed rulemaking and when the rule change will likely go into effect.
September 09, 2019
How do you create a regulatory framework that sustains the highest levels of aviation security through “shared outcomes”? The Transportation Security Administration’s new Action Plan Program (APP) seeks to answer that essential question.
July 30, 2019
Don Kassilke and Bob Foster discuss OFAC's Iran-Related Civil Aviation Industry Advisory and why it could mean OFAC will be taking a greater interest in the Iranian aviation sector.
April 24, 2019
Don Kassilke and Matthew Howell discuss what the implementation of Title III means in practical terms and how it could impact entities trading with Cuba.
April 17, 2019
Chris Kende, Bruce Maffeo and Dina Moussa, discuss the civil and criminal liability Boeing could face following the two crashes and subsequent grounding of the brand new Boeing 737 MAX.
February 06, 2019
Bill Walsh discusses why reconciling SPD-2 and SPD-3 through the new rulemaking process could likely prove beneficial to the commercial space industry.
January 18, 2019
William Walsh discusses the decision in Philadelphia Indemnity Insurance Company v. Hollycal Production, Inc and what it could mean for the future of drone law.
January 07, 2019
David Heffernan, a member of the firm's Transportation & Trade Group and co-chair of the Aviation Industry Team, authored "The Safety and Comfort of Your Airline Seat" for Forbes.
December 11, 2018
Mark W. Atwood and Robert F. Foster discuss the smooth transition of post-Brexit air transport rights for the U.S.-UK trans-Atlantic market, which traditionally has been the busiest sector for air traffic between the United States and Europe as a whole.
November 28, 2018
David Heffernan, co-chair of the firm's Aviation Team, authored the blog "U.S. Airlines Face A Critical Legislative and Regulatory Test in 2019" for Forbes.
November 13, 2018
David Heffernan, co-chair of the firm's Aviation Team, authored the blog "'Comfort Animals' Do Not Belong In An Aircraft Cabin; Regulators May Act Soon To Address The Problem" for Forbes.
November 09, 2018
Robert L. Bowman and Robert F. Foster discuss the Third Circuit's decision in Sikkelee v. Precision Airmotive Corp., that held state-law claims brought against an aircraft engine manufacturer were not conflict preempted by federal law. This decision places equipment manufacturers and other defendants at greater risk of being held liable for state law-based accident claims and other related cases.
October 11, 2018
David Heffernan and Robert F. Foster discuss provisions in the Reauthorization Act that affect airlines’ obligations to accommodate passengers with disabilities. This is the second in a three-part series discussing the FAA Reauthorization Act of 2018.
October 11, 2018
David Heffernan and Matthew Howell discuss provisions in the Reauthorization Act that affect airline fees, including some that were omitted from the final legislation but will likely continue to be considered in the future. This is the first in a three-part series on the FAA Reauthorization Act of 2018
October 11, 2018
David Heffernan and Robert F. Foster discuss provisions in the Reauthorization Act that affect air travelers. This is the third article in a three-part series on the FAA Reauthorization Act of 2018
August 13, 2018
David Heffernan and Robert Foster, attorneys in the firm's Aviation Regulatory Practice, co-authored, "Time To Curb Abuse Of Air Travel 'Support Animal' Rules," for Law360.
May 24, 2018
Bill Walsh discusses why criminalization of negligent drone operation could negatively impact ICAO's and the United States' goal of transparency in aircraft accident investigations.
May 04, 2018
This edition of the Cozen O’Connor Aviation Regulatory Update discusses the U.S. House of Representatives’ passage of a five-year Federal Aviation Administration (FAA) reauthorization bill, the FAA’s Airworthiness Directives requiring inspections of fan blades on CFM56-7B model engines as a result of last month’s Southwest Airlines engine incident, the Department of Transportation’s recent award of frequencies for new U.S.-Cuba air service, new DOT requirements for unmanned aircraft systems (UAS)/drones to obtain DOT economic authority in the form of a Part 298 air taxi registration in order for commercial UAS/drone operators to operate air transportation services for hire, the Department of Homeland Security’s increase in the amount of civil penalties imposed by Customs and Border Protection (CBP) and the Transportation Security Administration (TSA), the Government Accountability Office’s implementation of new electronic filing requirements for bid protests, and the latest DOT and FAA enforcement actions.
March 19, 2018
Bill Walsh discusses the FAA's LAANC system, next steps in implementing it nationwide, and how this will impact the drone industry and lead to the day of the drones.
February 06, 2018
This edition of the Cozen O’Connor Drone Report surveys proposed drone legislation in Florida, Illinois, Indiana, New Hampshire, New Jersey, New Mexico, Oklahoma, Vermont, and West Virginia and discusses recent drone regulatory developments at the federal level.
November 08, 2017
Bill Walsh discusses a recent article in the Washington Post and its implications for the Drone industry.
October 13, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s and CBP’s comprehensive reviews of their regulations, Congress’ FAA reauthorization extension legislation, the FAA’s adoption of new Stage 5 airplane noise standards, GAO reports on airline ancillary service fees and TSA’s aviation security oversight, and the latest DOT and FAA enforcement actions.
September 12, 2017
This edition of the Cozen O’Connor Drone Report discusses FAA’s statement on the success of Part 107 (its regulations governing commercial uses of small drones), the status of drone-related rulemakings, DOD’s guidance on drone operations over military installations, the new partnership between DHS and Mississippi to test and evaluate drones, pending federal drone legislation, Federal citations for drone use in Yellowstone National Park, and proposed legislation in California related to the use of drones for law enforcement surveillance.
September 08, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s 2017 U.S.-Cuba Frequency Allocation Proceeding, the FAA’s elimination of requirements to obtain Reduced Vertical Separation Minimum (RVSM) authorization for aircraft equipped with Automatic Dependent Surveillance–Broadcast (ADS–B) Out systems, CBP’s extension of the Air Cargo Advance Screening (ACAS) pilot program, and the latest DOT and FAA enforcement actions.
September 01, 2017
William Walsh, a member of the firm's Aviation Litigation Practice, authored, "Drone Risks Create New Legal Challenges," for Risk Management Magazine.
July 25, 2017
This edition of the Cozen O’Connor Drone Report discusses the unmanned aircraft systems (UAS)/drone-related provisions of the recently introduced FAA reauthorization bills, a recent FAA chief counsel’s legal interpretation regarding drone operations near private heliports, the Department of the Interior’s data-sharing initiative to prevent unauthorized drone operations over wildfires, the Drone I.D. Rulemaking Committee’s recent meetings, a recent judicial proceeding on the GoPro drone case, President Trump’s offer to sell drones to India as part of the joint “Prosperity Through Partnership” initiative measure between the United States and India, and the latest state regulations and legislation regarding drones.
July 10, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses the latest FAA reauthorization bills, the Department of Homeland Security’s enhanced aviation security measures, the DOT Inspector General’s audit reports regarding the FAA’s oversight of suspected unapproved parts and check pilot qualifications, the Department of Commerce’s investigations regarding aircraft imports from Canada, and the latest DOT and FAA enforcement actions.
July 06, 2017
David Heffernan and Jennifer Urban, of Cozen O'Connor's Transportation and Trade Group, published "US Regulation of Commercial Uses of Drones" for Expert Guides.
June 23, 2017
Jennifer Urban and Rachael Wallace discuss the D.C. Circuit Court’s recent decision against the FAA’s registration requirements for recreational drones, the latest findings and recommendations of the FAA’s Drone Advisory Committee, FAA Administrator Huerta’s recent statement on drone safety, and the introduction of the Drone Federalism Act of 2017 in the U.S. Senate.
May 08, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses the FAA’s regulatory reform review, the FAA’s and PHMSA’s increases in civil penalty amounts, recent amendments of hazardous materials regulations, the Congressional oversight hearing on U.S. airlines’ customer service and contracts of carriage, and the latest DOT and FAA enforcement actions.
April 26, 2017
David Heffernan discusses why the recent incident on United Airlines was an anomaly and not evidence of the need for additional legislation or regulations with industry-wide effect.
April 24, 2017
David Heffernan, Michael Klein and Jennifer Urban discuss how drones will revolutionize the way water and sewer systems operate and the legal restrictions that accompany this new practice.
March 31, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s tentative award of Mexico City slots, DHS/TSA’s prohibitions on the in-cabin carriage of certain personal electronic devices on nonstop flights to the U.S. from ten Middle Eastern and North African airports, DOT’s withdrawal and compliance deadline extensions for various consumer protection-related rules, GAO reports on the status of DHS’s biometric air exit system and FAA certification processes for aviation products, President Trump’s executive order on the reorganization of executive branch agencies, and the latest DOT and FAA enforcement actions.
February 14, 2017
David Heffernan and Jennifer Urban of the Aviation Regulatory group discuss current issues in aviation, due to the change in administration.
February 13, 2017
This edition discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and JFK slots to other airlines, DOT’s proposed rule to require airlines and ticket agents to disclose baggage fees, the FAA’s final rule amending small aircraft airworthiness standards, new DOT training materials for airlines and their employees and contractors regarding compliance with Part 382 disabled passenger regulations, DHS’s increase of certain aviation-related civil penalties for violations of immigration and TSA rules, GAO criticism of U.S. Customs and Border Protection’s predeparture programs, and the latest DOT and FAA enforcement actions.
February 06, 2017
David Heffernan and Jennifer Urban discuss how President Trump's recent executive order “Reducing Regulation and Controlling Regulatory Costs,” and anti-regulation policy generally, could impact the aviation industry.
June 17, 2021
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Jeff Vogel, and Rachel Welford to its 2021 Legal Guide.
June 01, 2021
He brings extensive experience counseling aviation industry clients on a wide range of regulatory and commercial matters.
June 22, 2020
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Stephen Cozen, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Christopher Sweeney, and Jeff Vogel to its 2020 Legal Guide.
April 22, 2020
Bill Walsh was quoted in an article in the Financial Times titled, "US Regulator Grants Exemption for Drone Flight During Lockdown." This article discusses a new coronavirus-related waiver for drone flight which allows an oil and gas company in Houston, TX to use unmanned aircraft instead of humans to inspect its facilities while the staff remains in lockdown.
June 14, 2019
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O'Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, and Jeffrey Mullen to its 2019 Legal Guide.
April 25, 2019
The 2019 Washington, D.C, edition of Super Lawyers Magazine, published by Thomson Reuters, has named 13 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.
April 25, 2019
Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.
April 08, 2019
Rachel Welford has returned to the firm’s Transportation & Trade Group. She joins Cozen O’Connor from American Airlines, where she served as the director of security and government affairs.
June 15, 2018
The U.S. edition of The Legal 500 recognized Cozen O’Connor’s Aviation, Construction, and Shipping practices as well as attorneys Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, and Anne Mickey.
May 21, 2018
Cozen O’Connor is pleased to announce that Chambers USA has recognized 50 Cozen O’Connor attorneys for 2018 as leaders in their respective fields; 12 attorneys were recognized nationally and 14 were ranked in the top band either nationally or at the state level.
April 13, 2018
David Heffernan, a member of Cozen O’Connor Transportation and Trade Practice Group, and Rob Freeman, a government relations principal in Cozen O’Connor’s Public Strategies Group, were named to JD Supra 2018 Readers Choice Awards Top Airlines/Aviation Authors.
September 20, 2017
Mark Atwood, of the firm's Transporation and Trade Group, was quoted in the Sun Sentinel's article, "Deja vu for airlines, cruise lines as Hurricane Maria prep begins."
September 15, 2017
Mark Atwood, a member of the firm's Transportation and Trade Practice Group, was quoted in the Sun Sentinel's article, "Days after Irma hits, South Florida airports, hotels, cruise lines look for return of customers."
February 21, 2017
William Walsh discusses drones and the need for training and safety testing in LinuxInsider.