Aviation

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Cozen O'Connor Adds Hogan Lovells Aviation Atty In DC

Patrick Rizzi was featured in a Law360 article discussing his transition to Cozen O’Connor.

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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 31 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.

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Experience

Publications

DOT Issues Rule on Aircraft Lavatory Accessibility for Passengers with Disabilities [Alert]

July 28, 2023

Jonathon Foglia, Michael Deutsch, and Rachel Schwartz discuss the DOT's new rule requiring lavatories on most single-aisle commercial aircraft operated to, from, or within the United States to be more accessible for passengers with disabilities.

Unintended Consequences: Why the Biden Administration’s Proposed Aviation Consumer Protection Initiatives Will Worsen the Air Travel Environment [The Air & Space Lawyer]

July 27, 2023

Michael Deutsch discusses the Department of Transportation’s (DOT) new proposed aviation consumer protection regulations in The Air & Space Lawyer.

CBP Proposes Changes to APIS System to Strengthen Aviation Security [Alert]

February 21, 2023

CBP looks to strengthen security by enhancing information that commercial aircraft operators must electronically transmit to CBP through its APIS.

House Passes Bill to Create NOTAM Task Force After Significant System Failure [Alert]

January 27, 2023

The task force will study how to improve the FAA’s Notice to Air Missions system after its failure caused a nationwide ground stop earlier this month.

FAA Declines to Extend COVID-19 Relief at U.S. Slot-Controlled and IATA Level 2 U.S. Airports [Alert]

November 02, 2022

The FAA will not extend its COVID-19 related relief policy for U.S. slot-controlled & FAA-designated International Air Transport Association Level 2 airports.

FAA Issues Final Rule Increasing Mandatory Flight Attendant Rest Periods [Alert]

October 14, 2022

The FAA's rule requires that flight attendants receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less.

FAA Modifies International Aviation Safety Assessment Program [Alert]

October 03, 2022

The FAA announced several key changes to its International Aviation Safety Assessment program.

DOT Issues Airline Ancillary Fee Proposal [Alert]

September 28, 2022

The U.S. DOT will consider a proposed rule to ensure that consumers have certain ancillary fee information at the time of ticket purchase.

Barriers to Entry: FAA Proposes Flight deck Physical Secondary Barriers [Alert]

August 15, 2022

The FAA proposes rule to require new aircraft be outfitted with installed physical secondary barriers to further protect the flight deck from intrusion.

DOT Issues Proposed Rule on Airline Ticket Refunds [Alert]

August 08, 2022

The Department of Transportation issued a Notice of Proposed Rulemaking, titled Airline Ticket Refunds and Consumer Protections.

DOT Issues Bill of Rights for Airline Passengers with Disabilities; New Airline Family Seating Notice [Alert]

July 12, 2022

The U.S. DOT has published a Airline Passengers with Disabilities Bill of Rights which describes the fundamental rights of air travelers with disabilities.

Airlines Applaud Lifting of COVID Testing Requirement for U.S. Arrivals [Alert]

June 23, 2022

The CDC rescinded the COVID-19 testing requirement for U.S. arriving passengers on June 15. Airlines for America welcomed the CDC's decision.

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines

May 16, 2022

California's Private Attorneys General Act may pave the way for geographically extended enforcement of California labor laws.

TSA Releases Five-Year Air Cargo Security Roadmap [Alert]

January 05, 2022

Rachel Welford discusses TSA's recently releases Air Cargo Security Roadmap.

U.S. Government Requires COVID-19 Vaccination for Foreign Visitors Arriving by Air; Modifies Pre-Departure Testing and Data Collection Requirements [Alert]

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.

Biden’s Competition EO Mandates Scrutiny of Airline Practices [Alert]

July 12, 2021

Jonathon Foglia and Rachel Welford discuss President Biden's executive order to promote competition across the U.S. economy.

TSA “Secured Packing Facility” Program Will Facilitate Compliance with New Cargo Screening Requirements [Alert]

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.

DHS Again Postpones REAL ID Deadline [Alert]

April 29, 2021

Rachel Welford discusses DHS's extension of the REAL ID deadline to May 3, 2023.

U.S. Airlines, Aviation Contractors to Receive Additional $15 Billion Under American Rescue Plan Act [Alert]

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.

DOT’s ‘Unfair Or Deceptive Practices’ Rule Is Fair And Transparent [Aviation Daily]

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.”

CDC Requires COVID-19 Testing of International Passenger Arrivals in the United States [Alert]

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.

DOT Unfair Practices Rule Adds Clarity To Airline Regulation [Law360]

January 12, 2021

David Heffernan contributed an article to Law360 discussing what the DOT plans to do to prohibit unfair and deceptive airline practices.

DOT Confirms That Comfort Animals Are Not Service Animals [Alert]

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.

GAO Report: TSA Should Review Its “Third-Party Testing” Program for New Security Technology [Alert]

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.

New Guidance on Tax Holiday Suspension for Air Transportation Federal Excise Tax [Alert]

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.

Senate Bill Would Require TSA Temperature Checks at U.S. Airports [Alert]

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.

The Efficacy of Preemption Defenses in Airline COVID-19 Litigation [Alert]

July 27, 2020

William H. Walsh and Anusha E. Jones discuss potential preemption defenses that could be available to airlines and their potential effectiveness.

DOT Provides Airline Payment Flexibility for Enforcement Penalty During COVID-19 [Alert]

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.

TSA Has Legal Authority to Conduct Air Passenger Temperature Screenings [Alert]

May 20, 2020

Rachel Welford discusses how and why TSA should begin temperature screenings.

DOT Issues New Guidance Regarding Airlines’ Obligation to Provide Passenger Refunds [Alert]

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.

Rolls-Royce Petitions U.S. Supreme Court to Block Discovery in Aid of International Arbitration [Alert]

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.

FAA Issues Guidance for Airlines to Carry Cargo in Passenger Cabin

April 20, 2020

Rachel Welford discusses the FAA's guidance for passenger airlines contemplating using empty apace in their aircraft to transport cargo.

TSA Explores Ways to Streamline International Air Cargo Screening [Alert]

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.

DOT Offers Airlines No Relief From Ticket Refund Obligations in Light of COVID-19 Flight Disruptions [Alert]

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.

CARES Act Suspends Air Transportation Federal Excise Tax

April 06, 2020

Steve Haas discusses the suspension of the FET and what jet cardholders and customers of on-demand charters should do.

DOT to Impose Minimum Air Service Obligations For U.S. Carriers Receiving CARES Act Financial Assistance [Alert]

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.

Considerations When Aviation Travel Is a Necessity

March 27, 2020

Steve Haas discusses options for individuals for whom aviation travel is a necessity, including private charters and jet cards.

Trump Announces REAL ID Compliance Deadline Postponed Due to COVID-19

March 26, 2020

Rachel Welford explains why DHS postponed REAL ID compliance to October 1, 2021.

FAA Grants Airlines Relief From U.S. Airport Slot-Use Restrictions in Response to Coronavirus [Alert]

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.

Why DOT Should Interpret "Deceptive Practices" Using a "Reasonable Consumer" Standard [The Air & Space Lawyer]

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.

DOT Clarifies its Enforcement Policy Regarding Coronavirus [Alert]

March 06, 2020

Rachel Welford discusses DOT's “Enforcement Notice Regarding Denying Boarding by Airlines of Individuals Suspected of Having Coronavirus.”

GAO Urges a More Strategic Approach to Combatting “Insider” Security Threats at U.S. Airports [Alert]

February 19, 2020

Rachel Welford discusses the GAO's recommendations to the TSA for combatting insider threats at U.S. airports.

Comfort Animals are Not Service Animals: U.S. DOT to Narrow Scope of Service Animal Accommodations [Alert]

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.

DOJ Offers Incentives to Encourage Self-Reporting of Export and Sanctions Violations [Alert]

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.

DOT Proposes Revisions to its Airline Tarmac Delay Regulations [Alert]

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.

FAA Plans to Increase Rest Periods for U.S. Airline Flight Attendants

October 01, 2019

David Heffernan discusses the FAA's advance notice of proposed rulemaking and when the rule change will likely go into effect.

TSA Adopts Alternative Approach to Enforcement Against Airlines and Other Regulated Entities

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.

OFAC Issues Iran-Related Civil Aviation Industry Advisory

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.

It’s Alive – Trump Administration Resurrects Helms-Burton Title III

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.

Reflections on Boeing’s Exposure Following the 737 MAX Crashes [Alert]

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.

In The News

Cozen O'Connor Adds Hogan Lovells Aviation Atty In DC

February 12, 2024

Patrick Rizzi was featured in a Law360 article discussing his transition to Cozen O’Connor.

Three Cozen O’Connor Transportation & Trade Attorneys Selected to Who’s Who Legal: Transport 2024

December 01, 2023

Cozen O’Connor is pleased to announce that David Heffernan, chair of the firm’s Transportation & Trade Group, Jeffrey F. Lawrence, co-chair of the firm’s International Practice, and Jonathon Foglia, member of the firm’s Transportation & Trade Group, have been selected to Who’s Who Legal: Transport 2024.

Business Today Names 32 Cozen O'Connor Attorneys to Its Top 10 Lists

July 28, 2023

These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.

Jonathon Foglia Named Fellow of the American Bar Foundation

July 19, 2023

Jonathon Foglia, a member of the firm’s Transportation and Trade Group, has been named a fellow of the American Bar Foundation.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

13 Cozen O'Connor Attorneys Named 2022 D.C. Super Lawyers and Rising Stars

July 12, 2022

Super Lawyers has named 13 Cozen O’Connor attorneys to its 2022 Washington D.C. Super Lawyers and Rising Stars lists.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 12 Cozen O'Connor Attorneys in its 2021 Legal Guide

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.

Cozen O’Connor Enhances its Aviation Practice with the Addition of Jonathon Foglia

June 01, 2021

He brings extensive experience counseling aviation industry clients on a wide range of regulatory and commercial matters.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 13 Cozen O'Connor Attorneys in its 2020 Legal Guide

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.

US Regulator Grants Exemption for Drone Flight During Lockdown [Financial Times]

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.

Legal 500 Recognizes Six Cozen O'Connor Practice Areas and Nine Cozen O'Connor Attorneys in its 2019 Legal Guide

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.

13 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

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.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

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.

Aviation Industry Attorney Rachel Welford Returns to Cozen O’Connor’s Transportation and Trade Group

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.

Contacts

Jonathon H. Foglia

Member

jfoglia@cozen.com

(202) 912-4871

David Heffernan

Chair, Transportation & Trade

dheffernan@cozen.com

(202) 463-2537

William H. Walsh

Member

wwalsh@cozen.com

(206) 224-1296

People

Awards

Three Cozen O’Connor Transportation & Trade Attorneys Selected to Who’s Who Legal: Transport 2024

December 01, 2023

Cozen O’Connor is pleased to announce that David Heffernan, chair of the firm’s Transportation & Trade Group, Jeffrey F. Lawrence, co-chair of the firm’s International Practice, and Jonathon Foglia, member of the firm’s Transportation & Trade Group, have been selected to Who’s Who Legal: Transport 2024.

Business Today Names 32 Cozen O'Connor Attorneys to Its Top 10 Lists

July 28, 2023

These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.

13 Cozen O'Connor Attorneys Named 2022 D.C. Super Lawyers and Rising Stars

July 12, 2022

Super Lawyers has named 13 Cozen O’Connor attorneys to its 2022 Washington D.C. Super Lawyers and Rising Stars lists.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 12 Cozen O'Connor Attorneys in its 2021 Legal Guide

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.

13 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

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.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

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.

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