Cozen O’Connor: Heffernan, David

David Heffernan

Member

Washington, D.C.

(202) 463-2537

(202) 640-5985

Recent Publication:

The Safety and Comfort of Your Airline Seat [Forbes]

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.

David is a member of the firm's Transportation & Trade Group and co-chair of the Aviation Industry Team. David represents major U.S. and foreign passenger and cargo airlines and their trade associations, airports, aircraft, engine, and other equipment manufacturers, air travel distribution companies, air/ground express delivery and logistics companies, and other aviation industry participants before various government agencies, including the U.S. Department of Transportation (DOT), the Federal Aviation Administration (FAA), and the Department of Homeland Security, including the Transportation Security Administration (TSA). 

David assists clients in obtaining economic authority, code-share authority, international frequencies and routes, and antitrust immunity. He advises clients on U.S. laws, regulations, legislation, and DOT/FAA/TSA policies with respect to such issues as mergers, acquisitions, airline alliances and joint ventures, computer reservations systems and air travel distribution regulation, licensing and certification (including FAA certification of aircraft and equipment), taxes and fees, airport slots, rates and charges, advertising and consumer enforcement policies, aviation safety and security, and competition policy. He also advises clients on the sale, lease, and financing of aircraft, engines, and other aviation assets, including large commercial and private corporate aircraft. In addition, he advises clients on aviation regulatory aspects of aircraft/equipment transactions, mergers, acquisitions, and other corporate transactions involving the purchase and sale of aviation companies, and assets, as well as aircraft management, charter, and fractional ownership agreements. These clients include not only aviation companies but also large corporations, banks, private equity, and other investors. David has also advised clients involved in the aircraft maintenance, repair, and overhaul (MRO) business for both large commercial and private corporate aircraft. He also has advised clients on regulatory and other legal issues relating to commercial uses of unmanned aircraft (drones).

David has been recognized as a nationwide leader in Transportation: Aviation/Regulatory in each annual edition of Chambers USA: America's Leading Lawyers for Business (2007-2018). He was selected as a leader in aviation law in the 2012-2018 editions of The International Who's Who of Aviation Lawyers. He also was nominated for inclusion in Legal Media Group's Guide to the World's Leading Aviation Lawyers, 6th edition and 9th edition, in addition to being the recipient of the 2015 Air Law Institute Inspiration Award: Law. The Legal 500 United States named David a "Leading Lawyer" for Transport: Aviation and Air Travel for 2017-2018.

David is editor-in-chief of The Air & Space Lawyer, the quarterly publication of the American Bar Association’s Forum on Air & Space Law. He is the author of numerous articles on legal issues affecting the aviation industry. As a co-editor, he has published two treatises on U.S. and European aviation law: Aviation Regulation in the United States (ABA Book Publishing, 2014) and the Cologne Compendium on Air Law in Europe (Kluwer, 2013). He authored a chapter on Compliance with U.S. Aviation and Safety Regulations in the book "Inside the Minds: Complying with Transportation Regulations" (Thomson Reuters Westlaw, Aspatore Books, 2014). He is a contributor to Forbes.com, writing about legal, regulatory, and policy issues affecting aviation. 

David is a regular speaker at legal and industry conferences on aviation law topics, including economic and safety regulation, unmanned aircraft, air travel distribution, airline alliances, and consumer protection issues.

 

Experience

News

Three Practice Areas and Six Attorneys Recommended by The U.S. Edition of The Legal 500

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.

Freeman and Heffernan named to JD Supra 2018 Readers Choice Awards Top Airlines/Aviation Authors

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.

Two Practice Areas and Eight Attorneys Named to the Legal 500 United States

June 19, 2017

The Legal 500 United States recommended Cozen O’Connor’s Shipping and Aviation practices and named Mark Atwood, Geoffrey Ferrer, Bruce Ficken, Mark Fink, David Heffernan, Jeffrey Lawrence, Robert Magovern, and Anne Mickey to its 2017 list.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

Airlines Don't Need More Laws Regulating Overbooking, Aviation Attorney Says

May 04, 2017

David Heffernan, of Cozen O'Connor's Transportation & Trade Group, was quoted in Cook County Record article, "Airlines don't need more laws regulating overbooking, aviation attorney says."

Cozen O’Connor Earns Client Recognition in 2016 Chambers USA Rankings

May 27, 2016

Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.

Cozen O’Connor Named One of the “6 Go-To Firms For The Airline Industry” in Law360

February 05, 2016

All of the largest global airlines have some presence in the U.S., subjecting them to a range of legal, regulatory and business challenges that require law firm expertise. While that work is often spread around, six firms have been chosen by the industry as go-to firms for major legal matters, including Cozen O'Connor.

Cozen O’Connor Earns Client Recognition in 2015 Chambers USA Rankings

July 06, 2015

Chambers USA recognized 37 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 10 were ranked in the top band.

David Heffernan discusses Industry Reaction to FAA's Drone Proposals

March 18, 2015

David Heffernan of the Transportation & Logistics Practice Group and co-chair of the Aviation Industry Team, discusses Industry Reaction to FAA's Drone Proposals in this San Diego Daily Transcript article "Industry Has Mixed Reaction to FAA's Drone Proposals."

David Heffernan Discusses Future of Drone Regulations at The Air & Space Law Symposium

March 13, 2015

David Heffernan of the Transportation and Logistics Practice Group and co-chair of the Aviation Industry Team presented on drones at the Air Law Institute 2nd Annual Air & Space Law Symposium on San Diego, CA March 13-14, 2015. San Diego Channel 6 News interviewed a few of the presenters at the Symposium to discuss the future of drone regulation.

David Heffernan Discusses FAA's Proposed Rules for Drones

February 17, 2015

David Heffernan of The Transportation & Logistics Practice Group discusses drones and what the proposed FAA rules would mean in the article titled "Drone backers mostly welcome FAA's proposed rules" in Network World. David said he sees the FAA’s approach as evolutionary rather than revolutionary. The administration is looking at current flight rules and adjusting them where they don’t make sense for drones, such as the need for a pilot’s license or the requirement to carry an aircraft manual on board.

Cozen O’Connor’s Transportation & Logistics Practice Highlighted in Bisnow

January 21, 2015

Bisnow interviewed several members of the Transportation & Logistic Practice who are residents in our Washington, D.C., office to get a realistic perspective of transportation and logistics issues coming up in 2015. For the article titled “This Firm Puts Advisors on Seven Continents. Here’s Why,” Bisnow spoke with David Heffernan, Ken Hines, Mark Atwood and Steve Lachter regarding aviation regulatory issues. On the maritime side, Bisnow had discussions with Marc Fink and also interviewed Jeff Lawrence as the chair of the Transportation & Logistics Practice Group.

David Heffernan & Mark Atwood at the ABA Forum on Air & Space Law 2014 Annual Meeting

September 19, 2014

David Heffernan and Mark Atwood, both of the Washington, DC office, participated in the ABA Air and Space Law Forum conference in Montreal, which featured the book

Cozen O’Connor Expands Health Care and Aviation Practices with Hiring of Blaney and Heffernan

May 07, 2014

Cozen O’Connor has continued to grow its Washington, D.C., office with the recent additions of health care attorney Ryan Blaney and aviation attorney David Heffernan, both of whom join the firm as members.

Publications

The Safety and Comfort of Your Airline Seat [Forbes]

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.

U.S. Airlines Face A Critical Legislative And Regulatory Test In 2019

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.

'Comfort Animals' Do Not Belong In An Aircraft Cabin; Regulators May Act Soon To Address The Problem

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.

FAA Reauthorization Briefing Part 1: Airline Fee Issues [Aviation Alert]

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

FAA Reauthorization Briefing Part 2: Disability-Related Passenger Rights [Aviation Alert]

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.

FAA Reauthorization Briefing Part 3: Consumer Protection [Aviation Alert]

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

Time To Curb Abuse Of Air Travel 'Support Animal' Rules [Law360]

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 2018 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions [Aviation Regulatory Update]

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.

States Rev Up Drone Oversight [The Drone Report]

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 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

November 20, 2017

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new restrictions on Cuba travel, DOT’s Small Community Air Service Development Grant Program, new DOT drug testing requirements for safety-sensitive transportation employees, the FAA’s proposed amendments to helicopter certification standards, the Bombardier aircraft trade dispute between the U.S. and Canada, and the latest DOT and FAA enforcement actions.

October 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

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 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

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.

DOT Issues Its Latest Status Update on Significant Pending Aviation-Related Rulemakings [Aviation Alert]

September 07, 2017

David Heffernan discusses the U.S. Department of Transportation recently issued Significant Rulemaking Report, the first such report released under the Trump administration.

July 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

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.

US Regulation of Commercial Uses of Drones

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.

May 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

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.

Congress Should Resist Legislating in Reaction to United Airlines’ Recent Passenger Bumping Incident [Aviation Alert]

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.

Drones: The Sky is no Longer the Limit for Water/Sewer Systems [PAAWWA]

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 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

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.

President Trump’s Anti-Regulation Policy Could Undermine Aviation Industry [Aviation Daily]

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 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

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.

How President Trump’s Anti-Regulation Policy Could Undermine Aviation Industry Interests [Aviation Alert]

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.

December 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

December 14, 2016

This edition discusses DOT’s proposed rule on the use of cell phones to make voice calls on commercial flights, the results of DOT’s negotiated rulemaking on accessible in-flight entertainment and accessible lavatories on single-aisle aircraft to accommodate disabled passengers, DOT’s approval of Norwegian Air International’s foreign air carrier permit, the FAA’s increase of overflight fees, PHMSA amendments to the Hazardous Materials Regulations, the DOT Inspector General’s audit report on FAA oversight of unmanned aircraft/drones and initiation of an audit of the FAA’s oversight of runway safety, DOT’s updated enforcement policy regarding extended tarmac delays, DOT’s denial of American Airlines and Qantas Airways’ request for antitrust immunity, the Justice Department’s clearance of the Alaska Airlines-Virgin America merger, and the latest DOT and FAA enforcement actions.

November 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

November 18, 2016

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s recently issued consumer protection rules and initiatives, the GAO’s report on air traffic control reorganization, DOT’s tentative approval of antitrust immunity for the Delta Air Lines/Aeromexico alliance, the FAA’s rulemaking on airline pilot professional development, DOT’s agreement with Southwest Airlines regarding the accessibility of the carrier’s airport kiosks, the DOT Inspector General’s reports on the effects of DOT’s tarmac delay rule on airline flight cancellations and the FAA’s progress in implementing NextGen, OFAC and BIS amendments to Cuba sanctions-related regulations and export controls, and the latest DOT and FAA enforcement actions.

U.S. DOT Issues New Air Travel Consumer Protection Rulemaking Initiatives [Aviation Alert]

October 19, 2016

David Heffernan and Rob Freeman discuss the U.S. Department of Transportation's new round of consumer protection-related rulemaking initiatives affecting U.S. and foreign airlines, ticket agents, and air travel consumers.

September 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

September 23, 2016

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s selection of carriers to operate U.S.-Havana and U.S.-Tokyo (Haneda) air services, the FAA’s implementation of its small unmanned aircraft systems/drone rules, new increases in DOT civil penalty amounts, the FAA’s draft PFC order, GAO’s reporting on FAA oversight of repair stations, and the latest DOT and FAA enforcement actions.

August 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

August 08, 2016

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements regarding changes in airline frequent flyer program rules, and more.

FAA Issues Major New Rules Permitting Commercial Use of Drones

June 23, 2016

David Heffernan and Rachel Welford discuss the FAA's long awaited final rule regarding the certification and commercial operation of small unmanned aircraft systems in U.S. airspace.

May 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

May 26, 2016

This edition of the Cozen O’Connor Aviation Regulatory Update includes DOT’s announcement of the members and meeting schedule of the Advisory Committee on Accessible Air Transportation (Disabled Passenger Negotiated Rulemaking Committee), the FAA’s withdrawal of its rulemaking on slot management at New York area slot-controlled airports, the FAA’s elimination of slot controls at Newark Liberty International Airport and extension of the Orders governing slots at New York’s John F. Kennedy International Airport and LaGuardia Airport, proposed FAA amendments to PFC funding eligibility for on-airport rail projects, the FAA’s creation of a Drone Advisory Committee to advise the FAA on further regulatory steps regarding the safe integration of unmanned aircraft systems/drones into the U.S. national airspace system, PHMSA’s ban on the carriage of battery-powered portable electronic smoking devices in checked baggage, the continuing House and Senate standoff over the next FAA Reauthorization bill, and the latest DOT and FAA enforcement actions.

January 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

February 01, 2016

This edition includes the recently signed U.S.-Mexico bilateral agreement that liberalizes air services between the two countries, new Cuba-related regulations loosening restrictions on U.S.-Cuba air services and the export and reexport of U.S.-origin aircraft to Cuba, changes to the Visa Waiver Program, proposed dates for upcoming DOT aviation-related rulemakings, the DOT Office of the Inspector General’s reports criticizing FAA operations, oversight, cost controls and air traffic control staffing, DOT animal incident reporting guidance, new FAA Stage 5 aircraft noise standards, DHS implementation of REAL ID requirements for air travelers, and the latest DOT and FAA enforcement actions.

December 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

December 21, 2015

This edition of the Cozen O’Connor Aviation Regulatory Update includes looming revisions to the Visa Waiver Program, DOT’s plans for an additional round of new regulations on disabled passenger-related issues, the FAA’s new registration requirements for small unmanned aircraft systems/drones, DOT guidance on airline liability for damage to components of checked baggage, Congressional bills on Export-Import Bank reauthorization, pilots’ rights, and Visa Waiver Program Changes, the status of FAA reauthorization legislation, the FAA’s updated airspace obstruction standards, and recent FAA enforcement actions.

November 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

November 13, 2015

This edition discusses the Justice Department’s antitrust lawsuit against United Airlines and Delta Air Lines seeking to block the carriers’ proposed slot swap at Newark, DOT’s ban on electronic smoking devices in checked baggage, DOT and the FAA’s planned registration requirements for drones/unmanned aircraft, the FAA’s new safety compliance philosophy, new FAA rules on production certificates and approvals, APHIS final rules on agricultural quarantine and inspection services, a Congressional hearing on TSA security oversight, and the latest DOT and FAA enforcement actions.

Department of Transportation’s ‘Aggressive’ Approach to Consumer Protection Regulation and Enforcement [Journal of Air Law and Commerce]

November 02, 2015

“Department of Transportation’s ‘Aggressive’ Approach to Consumer Protection Regulation and Enforcement,” by David Heffernan, published in the Journal of Air Law and Commerce, Vol. 80, No. 2 (2015).

September 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

October 02, 2015

This edition reports on Congress’s six-month extension of FAA’s reauthorization; new U.S. Bilateral Aviation Safety Agreements with the European Union and Canada; the FAA’s final rule on the disclosure of aircraft seat dimensions to facilitate the use of child safety seats on airplanes; DOT’s latest small community air service development grants; the Treasury and Commerce Departments’ new amendments to the Cuba Sanctions Regulations.

August 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

August 24, 2015

DOT’s launch of an investigation of alleged price gouging by airlines following Amtrak train service disruption in the Northeast Corridor, the agency’s continuing review of the Delta/Aeromexico antitrust immunity application, DOT’s and the Departments of State and Commerce’s ongoing review of subsidy allegations brought by the three largest U.S. carriers against Emirates, Etihad Airways, and Qatar Airways.

July 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions [Aviation Regulatory Update]

July 02, 2015

An update on the multi-agency review of U.S. carrier allegations of subsidy against three gulf carriers, recent applications for antitrust immunity for airline alliances, EPA’s initial action to address greenhouse gas emissions from aircraft, DHS amendments to the ESTA program and planned expansion of customs and immigration preclearance facilities at additional foreign airports, Congressional hearings on FAA reauthorization, aviation security and drone operations, and recent DOT and FAA enforcement actions.

DOT Revises Its “Mistaken Fares” Enforcement Policy [Aviation Regulatory Update]

May 12, 2015

Until now, the DOT’ has generally required airlines honor fares once a consumer purchased the fare, even if such fares were inadvertently offered for sale. Now, the DOT will not enforce the prohibition against airlines increasing fares post-purchase when such fares are mistakenly offered.

April 2015 Update on Significant DOT, FAA & Other Aviation-Related Regulatory Actions [Aviation Regulatory Update]

April 15, 2015

This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s new contract maintenance rules, DOT and FAA notices on flight prohibitions in conflict zones, the latest news on the integration of unmanned aircraft into the National Airspace System, Congressional hearings on FAA reauthorization and air traffic control modernization, and DOT and FAA enforcement actions.

FAA Restores India to Category 1 Under International Aviation Safety Assessment Program [Aviation Regulatory Update]

April 08, 2015

The IASA Category 1 rating means that India’s civil aviation authority once again fully complies with the safety oversight standards of the International Civil Aviation Organization (ICAO), the United Nations’ technical agency for international civil aviation. India had previously been rated by the FAA as a Category 1 country in August 1997 but was downgraded to Category 2 in 2012 after an FAA audit identified certain safety oversight deficiencies.

Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions [Aviation Regulatory Update]

February 24, 2015

This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s long-awaited proposed rule on small unmanned aircraft commercial operations, the White House’s statement on privacy issues relating to unmanned aircraft, recent Congressional hearings on FAA reauthorization and unmanned aircraft, the DOT Inspector General’s review of DOT’s tarmac delay rule, DOT and ITC actions with regard to U.S.-Cuba air travel, DOT’s clarification of carriers’ animal incident reporting requirements, and DOT and FAA enforcement actions.

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions [Aviation Regulatory Update]

January 20, 2015

Highlights of this edition of the Cozen O’Connor Aviation Regulatory Update include the FAA’s recent rulemakings involving New York area airport slots and safety management systems for U.S. Part 121 air carriers, developments relating to unmanned aircraft, and DOT and FAA enforcement actions.

FAA Regulatory Revisions, DOT and FAA Enforcement Actions, Other Aviation-Related Regulatory Matters [Aviation Regulatory Update]

December 11, 2014

This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and state governments, airport environmental grants, and de-icing standards for new aircraft. We also provide an update on recent DOT and FAA enforcement actions, plus recent developments in the Pirker v. Huerta case involving the operation of small unmanned aircraft. Additionally, Congress is beginning its deliberations regarding next year’s FAA reauthorization. Finally, two new lawsuits were filed challenging certain airports’ implementation of labor-related rules that airlines and airport service providers contend are preempted under federal law.

DOT Passenger Protection Rulemaking #3, NextGen, Ebola, Drones, Enforcement Actions, Security Fees [Aviation Regulatory Update]

October 27, 2014

This edition of the Cozen O’Connor Aviation Regulatory Update covers comments filed on DOT’s Passenger Protection Rulemaking #3, the FAA’s continuing plans for NextGen implementation, federal agency statements on the Ebola virus and its potential impact on air travel, the expansion of commercial drone operations, new enforcement actions by DOT and the FAA, and changes to regulations and policies affecting the aviation industry.

Perspectives on DOT’s "Transparency of Airline Ancillary Fees and Other Consumer Protection Issues” Rulemaking [The Air & Space Lawyer]

October 09, 2014

David Heffernan of Transportation & Logistics in Washington, DC has edited a special issue of the American Bar Association’s Air & Space Lawyer publication focusing on the U.S. Department of Transportation’s pending rule making on airline “passenger protections.”

DOT Action on NAI’s Application to Serve the U.S., the Continuing Focus on Ancillary Service Fees [Aviation Regulatory Update]

September 18, 2014

This edition of the Cozen O’Connor Aviation Regulatory Update covers DOT action on Norwegian Air International’s application to serve the U.S., Congress’ and DOT’s continuing focus on airline ancillary service fees and consumer protection, new enforcement actions by DOT and FAA, and proposed changes to federal agency regulations and policies affecting the aviation industry.

Aviation Regulation in the United States [American Bar Association]

September 08, 2014

David Heffernan, a member of the Aviation Practice Group at Cozen O’Connor, co-edited the recently published American Bar Association (ABA) book “Aviation Regulation in the United States.

An Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, Customs and Other Federal Agencies [Aviation Regulatory Update]

August 22, 2014

The August edition of the Aviation Regulatory Update including updates on extension of comments periods, new enforcement actions, the FAA's legal interpretation prohibiting universities from using their Certificate of Waiver or Authorization to train students to fly drones, new regulations for transportation of lithium cells and batteries, and more.

Congress Considers Transportation Appropriations Provisions, Other Legislation Impacting Aviation [Aviation Regulatory Update]

July 21, 2014

On Capitol Hill, legislators are working to pass a Transportation Appropriations bill that will fund aviation programs during the 2015 fiscal year. As part of the appropriations process, members of the House and Senate are looking at a number of amendments that impact aviation. This includes continuing debate on limiting the Department of Transportation’s ability to approve the controversial application filed by Norwegian Airlines International (reported in last month’s Cozen O’Connor Aviation Regulatory Update) to operate to the United States and whether to allow Burbank’s Bob Hope Airport to impose a nighttime curfew on airline operations.

DOT Releases Passenger Protection Rulemaking #3; FAA Considers Commercial Drone Operations; Other Regulatory Issues [Aviation Regulatory Update]

June 16, 2014

It has been a busy month at the Department of Transportation, with the DOT finally releasing its long-anticipated proposed rule on Transparency of Airline Ancillary Fees and Other Consumer Protection Issues, better known as Passenger Protection Rulemaking #3 or PP3. DOT also issued a Show Cause Order tentatively approving IATA’s Resolution 787 to establish a “new distribution capability” for air travel distribution. On Capitol Hill, the House passed the 2015 Transportation Appropriations bill, including an amendment that could have the effect of preventing DOT from approving the controversial application filed by Norwegian Airlines International for authority to begin operating to the United States.

Cologne Compendium on Air Law in Europe [Carl Heymanns Verlag]

March 01, 2013

David Heffernan of the Transportation & Logistics Department, co-edited the Cologne Compendium on Air Law in Europe. The book is the collective work of 80 collaborators who are active in private legal practice, universities and government administrations as well as in the various sectors of the aviation industry such as airlines and airports.

Events & Seminars

Past Events

Drones ... Toy, Tool or Tort?

January 25, 2018 - Philadelphia, PA

US Corporate Aviation Summit

November 17, 2017 - Washington, D.C.

U.S. Regulation of the Airline Industry

November 10, 2017 - Webinar

PA AWWA 69th Annual Conference

April 25, 2017 - Hershey, PA

IATA Legal Symposium 2017

February 21, 2017 - Washington, D.C.

IBA 2016 Annual Conference

September 18, 2016 - Washington, D.C.

ABA Forum on Air & Space Law Update Conference 2015

February 20, 2015 - Washington, DC

Industry Sectors

Education

  • Catholic University of America, J.D., summa cum laude, 1996
  • University College Dublin, M.B.S., 1988
  • Trinity College Dublin, B.A., 1985

Awards & Honors

Chambers & Partners USA: Transportation: Aviation Regulatory 2007-2018

The International Who's Who of Aviation Lawyers Leader in Aviation Law 2012-2018

2015 Air Law Institute Inspiration Award: Law

JD Supra's Readers' Choice Awards Top Ten Author in the Airlines/Aviation Industry 2016-2018

Nominated for inclusion in Legal Media Group's Guide to the World's Leading Aviation Lawyers, 6th and 9th editions

Experts Guides: Aviation

"Leading Lawyer" for Transport: Aviation and Air Travel in The Legal 500 United States 2018

  • District of Columbia