David Heffernan

Chair, Transportation & Trade

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 (2007-2023). 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 2017-2020 and “Hall of Fame” in 2022.

David was editor-in-chief of The Air & Space Lawyer, the quarterly publication of the American Bar Association’s Forum on Air & Space Law from 2011 to 2019. 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 a wide range of aviation law topics.

 

News

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 14 Cozen O'Connor Attorneys in its 2022 Legal Guide

July 11, 2022

For 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.

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.

Cozen O’Connor Announces Changes to Firm Management 2022

March 23, 2022

Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2022 year.

Four Cozen O’Connor Transportation & Trade Attorneys Selected to Who’s Who Legal

October 28, 2021

Cozen O’Connor is pleased to announce that Jeffrey Lawrence, chair of the firm’s Transportation & Trade Group, David Heffernan, vice chair of the firm’s Transportation & Trade Group, Jonathon Foglia, member of the firm’s Transportation & Trade Group, and Marc Fink, of counsel, have all been selected to Who’s Who Legal: Transport 2022 —a guide to the world’s leading transport lawyers.

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.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

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.

63 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2020 Guide

May 14, 2020

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.

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.

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.

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.

Publications

FAA Proposes to Increase Rest Periods for U.S. Airline Flight Attendants [Alert]

October 25, 2021

David Heffernan and Rachel Welford discuss the FAA's NPRM to require flight attendants at large U.S. airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less.

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.”

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 Implements New Legal Paradigm for Regulating Airlines [Alert]

December 21, 2020

The U.S. Department of Transportation (DOT) recently issued new regulations codifying specific criteria for interpreting its fundamental regulatory authority under 49 U.S.C. section 41712 to prohibit airlines from engaging in “unfair or deceptive 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.

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.

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.

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.

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.

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.

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.

Can JetBlue Challenge The Transatlantic Airline Alliances? [Forbes]

April 24, 2019

David Heffernan wrote about JetBlue's recent announcement to begin service to Europe in 2021 using new Airbus A321LR aircraft.

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.

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 2007-2023

Who's Who Legal: Transport-Aviation Regulatory

2015 Air Law Institute Inspiration Award: Law

JD Supra's Readers' Choice Awards Top Ten Author in the Airlines/Aviation Industry 2016-2019

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

Experts Guides: Aviation

The Legal 500 United States “Leading Lawyer” Transport: Aviation and Air Travel Litigation & Regulation, 2018-2021; Hall of Fame, 2022

Lawyers of Distinction 2023

  • District of Columbia
  • American Bar Association, Forum on Air & Space Law: Member, Strategic Planning Committee
  • American Bar Association, Forum on Air & Space Law: Program Chair, Annual Conference 2020
  • Member, International Aviation Club
  • Member, Aero Club of Washington