February 12, 2019
Jeff Vogel authored a piece calling for the 116th Congress to recognize that the U.S.-flag fleet requires new mechanisms of support and that our domestic port infrastructure is a strategic national asset, requiring additional funding.
February 05, 2019
Don Kassilke and Matt Howell discuss Executive Order 13850 and why it is important entities that have dealings with PdVSA or any of its related entities carefully review the restrictions and general licenses published by OFAC to ensure compliance with applicable OFAC regulations.
January 22, 2019
Chris Raleigh and Raz Barnea discuss the New Prime Inc. v. Oliveira decision and what this means for future litigation regarding the transportation workforce.
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 20, 2018
Don Kassilke and Matt Howell discuss the Treasury Department's decision to terminate sanctions imposed on En+ Group PLC, United Company Rusal PLC ), and JSC EuroSibEnergo, three companies placed on the SDN list because they were owned or controlled by Oleg Deripaska, a Russian oligarch sanctioned pursuant to Executive Orders 13661 and 13662.
December 14, 2018
David Loh,a member of the firm's Transportation & Trade Group, authored, "Fire on Water" for Best's Review.
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 27, 2018
Jeff Vogel, a member in the firm's Transportation and Trade Practice, authored "A Fleet in Peril – the Need for a US-Flag Cargo Strategy" for The Journal of Commerce.
November 19, 2018
Robert F. Foster discusses the National In-Flight Sexual Misconduct Task Force, a product of the recently enacted FAA Reauthorization Act of 2018, that is to provide a report to Congress on best practices for addressing sexual misconduct on flights.
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
David Loh, a member in the firm's Transportation & Trade Practice, and Willliam Lesser, an associate in the firm's Commercial Litigation Department, co-authored, "What Is a “Mary Carter” Agreement?" for the American Bar Association Practice Points.
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.
November 06, 2018
Don Kassilke and Matt Howell discuss the conclusion of the wind-down periods and the United State's return to the pre-JCPOA status quo with regard to most secondary sanctions.
October 29, 2018
Foreign investors in U.S. businesses take note: If your transaction is scheduled to close any time after November 10, 2018, new U.S. national security rules could result in delays or penalties for non-compliance.
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
Jeff Vogel, a member in the firm's Transportation & Trade Group, published "10 Years Of Inaction On US-Flag Cargo Preference" for Law360.
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.
July 27, 2018
Christopher Raleigh, a member in the firm's Transportation & Trade Practice Group, authored, "Considerations in Cases Involving Engine Damage Caused by Contaminated Bunkers" for the American Bar Association Admiralty Litigation Committee.
May 10, 2018
Don Kassilke discusses President Trump's decision to pull the United States out of the Joint Comprehensive Plan of Action and its impact on the aircraft manufacturing sector, U.S. persons, and non-U.S. persons and entities.
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 01, 2018
Howard Schweitzer, Robert Freeman, and Jeff Vogel discuss the president's "Legislative Outline for Rebuilding Infrastructure in America."
February 15, 2018
Howard Schweitzer and Rob Freeman discusses the Trump administration’s highly anticipated “Legislative Outline for Rebuilding Infrastructure in America,” a 53-page document highlighting the White House’s core principles for rebuilding and revitalizing the nation’s aging infrastructure.
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 22, 2017
David Loh, a member of Cozen O'Connor's Transportation and Trade Group, published, "Piercing Limitation of Liability in the Admiralty and Maritime Context," with Ethan Price-Livingston for Best Lawyers.
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 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 29, 2017
In response to the governor of Puerto Rico’s request, the Department of Homeland Security (DHS) waived the Jones Act on Thursday. The waiver covers all products shipped to Puerto Rico laded on board a vessel over the next 10 days and delivered to Puerto Rico by October 18.
September 20, 2017
This edition of the Maritime & Infrastructure Federal Update highlights the recent Jones Act waiver, funding through the TIGER program, the Small Shipyard Grant Program, and more.
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 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.
August 28, 2017
The Trump administration effectively restricted the Government of Venezuela and Venezuela’s state oil company, Petróleos de Venezuela, S.A., from access to U.S. financial markets.
August 01, 2017
Donald Kassilke, Robert Freeman, and Jennifer Urban discuss The ‘‘Countering America’s Adversaries Through Sanctions Act’’ that is composed of three distinct titles each of which mandates the development of various reports and sets out certain mandatory and discretionary sanctions for implementation by the executive branch.
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 21, 2017
David Y. Loh and Hallie McDonald discuss a recent ruling that a shipowner member was bound to a P&I Club’s board of directors' decision denying coverage for that member’s losses arising from a maritime casualty.
June 19, 2017
Don Kassilke discusses the changes to that have been made to the U.S's Cuba Policy by the Trump administration.
June 07, 2017
Geof Ferrer, Rob Freeman, and Jeff Vogel discuss two notices that create a significant opportunity for stakeholders to shape the regulation of transportation and infrastructure projects in the United States.
May 30, 2017
This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update attempts to navigate the mixed messages of recent government 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.
April 19, 2017
This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update discusses (i) the Jones Act conflict developing before Customs and Border Protection with respect to the use of foreign flag vessels to perform work on the U.S. Outer Continental Shelf, (ii) the implementation of a significant terminal coordination agreement, (iii) leadership changes at the Department of Transportation and Federal Maritime Commission, (iv) settlement of a landmark Jones Act case, (v) House actions regarding Metropolitan Planning Organizations and the Coast Guard and (vi) Congressional hearings on Coast Guard, maritime, and infrastructure programs.
March 30, 2017
Jeff Vogel discusses the stipulation of dismissal filed by Furie Operating Alaska and the DHS, ending their long-standing Jones Act dispute.
March 27, 2017
Through this publication, we aim to keep you informed about many of the federal legislative, regulatory, and administrative developments affecting the maritime industry and our nation’s transportation infrastructure.
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.
February 06, 2017
Don Kassilke and Jennifer Urban discuss the recent addition of 13 individuals and 12 entities to the SDN list, made pursuant to two existing executive orders that address weapons of mass destruction proliferation and counterterrorism
January 19, 2017
Don Kassilke and Jennifer Urban discuss an executive order issued by President Obama effectively lifting most sanctions against Sudan.
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 18, 2016
This analysis provides insight into some of the most pertinent business issues President-elect Trump will likely address during his term, and what the election could mean for your industry and your business.
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.
October 25, 2016
Rachael Wallace and Robert Bowman discuss AOPA's amicus curiae brief that asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit, which allowed states to apply state standards of care to the field of aviation product liability.
October 19, 2016
Don Kassilke and Rachel Welford discuss a change in OFAC policy and regulations that expands opportunities for U.S. persons to explore and develop business relationships in Cuba.
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.
October 14, 2016
Don Kassilke and Rachel Welford discuss the much anticipated executive order formally terminating U.S. sanctions against Burma.
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 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.
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.
March 22, 2016
Don Kassilke and Rachel Welford discuss the latest amendments, which became effective March 16, 2016, further ease sanctions in the areas of travel, banking and shipping, among others.
February 29, 2016
David Loh of the Transportation & Trade Practice Group wrote this article for the Admiralty
Committee, ABA Section on Litigation.
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 22, 2015
Under a general license issued earlier this month, all trade-related transactions that are ordinarily incident to an exportation to or from Burma of goods, technology, or non-financial services are authorized, provided the exportation is not to, from, or on behalf of a person or entity on the SDN list.
December 21, 2015
The U.S. State Department said that under the deal, U.S. airlines could operate up to 110 round-trip flights per day between the United States and Cuba as soon as 2016, which includes 20 flights to Havana and 10 to each of the other nine international airports in Cuba.
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 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.
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).
October 20, 2015
Beginning on October 18, 2015, JCPOA participants will start taking the steps necessary to implement their JCPOA commitments.
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.
September 28, 2015
These regulatory changes build on earlier revisions published in January 2015 and further ease sanctions related to authorized travel, telecommunications, Internet-based services, business operations in Cuba, and remittances. They do not, however, lift the sanctions, and most prohibitions remain in place.
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 16, 2015
Under the JCPOA, Iran will reduce its stockpile of enriched uranium, limit the number of centrifuges it operates for uranium enrichment, and allow monitoring of its nuclear program by IAEA inspectors and the U.S. and E.U. nuclear-related sanctions against Iran will be eased and ultimately phased out.
July 06, 2015
President Obama announced that the United States and Cuba had reached agreement on the reestablishment of diplomatic relations and that the two countries would soon reopen embassies in each other’s capitals for the first time since 1961.
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.
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 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.
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.
March 12, 2015
On March 9, 2015, pursuant to authority contained in the recently enacted Venezuela Defense of Human Rights and Civil Society Act (Act), President Obama issued an executive order (EO) declaring a national emergency with respect to Venezuela. The EO cites ongoing public corruption, oppression of political opponents, curtailment of Venezuela’s free press, and violent human rights abuses in Venezuela that pose a threat to U.S. security and foreign policy and directs the imposition of targeted economic sanctions.
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.
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.
December 18, 2014
On December 17, 2014, President Obama announced the beginning of major reforms regarding the relationship between the United States and Cuba. In a statement made from the White House, President Obama announced that the country would end its “outdated approach” to Cuba and begin to normalize relations between the two countries.
December 11, 2014
Late yesterday, both the U.S. House of Representatives and the U.S. Senate passed S. 2444, the Howard Coble Coast Guard and Maritime Transportation Act of 2014.
In addition to appropriating funds for Federal Maritime Commission (FMC) operations for fiscal year 2015 and limiting the terms of future FMC commissioners, this legislation, if signed into law by the president, would make a potentially significant change in the U.S. Shipping Act of 1984, as amended (the Shipping Act).
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.
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.
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.”
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.
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.
August 13, 2014
Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the shipping industry and national economies. To the extent that these countries have competition laws that could restrict such agreements, many have found after careful study that these agreements should be afforded an exemption from those competition laws for economic, public policy and international comity reasons.
August 13, 2014
The recent introduction of H.R. 4727 in the House of Representatives marks the first step toward insulating freight brokers and third-party logistics providers (3PLs) from claims by plaintiffs who seek an alternate source for recovery when a motor truck carrier’s insurance is insufficient to cover the damages that are alleged.
August 13, 2014
Two registries of significant interest to shipowners are the registries of the Republics of the Marshall Islands and Liberia. Significantly, insofar as it does not conflict with the statutory laws, each country has adopted the non-statutory general maritime laws of the United States. This gives added certainty to shipowners, particularly those familiar with U.S. maritime laws.
July 23, 2014
On July 16, 2014 in response to the ongoing crisis in Ukraine, the U.S. Office of Foreign Assets Control announced that it was adding several individuals and entities to the Specially Designated Nationals (SDN) list. As with previous designations, most of the individuals appear to be high ranking members of Russia’s political or military establishment, while the entities appear connected to Russia’s energy and defense sectors.
July 23, 2014
On Friday, July 18, 2014, U.S. Secretary of State John Kerry issued a statement that the Joint Plan of Action (JPOA) negotiated between the P5+1 nations and Iran would be extended until November 24, 2014. As we reported previously, the JPOA was an agreement under which the United State s and others would provide limited and temporary sanctions relief to Iran in return for Iran foregoing certain elements of its nuclear program, including a reduction of its stockpile of enriched uranium.
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.
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.
May 02, 2014
In early February, the U.S. Food and Drug Administration (FDA) issued its seventh and final major rule as part of the implementation of the Food Safety Modernization Act’s (FSMA). The proposed rule seeks to prevent the contamination of human and animal food during transport by establishing requirements for the design and maintenance of vehicles and transportation equipment, transportation operations, training of carrier personnel and record keeping. It would apply to shippers, receivers and carriers who transport food in the United States by motor or rail.
May 02, 2014
Last month, Congress began consideration of comprehensive legislation to reauthorize the Coast Guard and other maritime transportation programs. Consideration of such legislation is an annual occurrence and generally moves through Congress and becomes law with little attention outside the maritime and fisheries industries. However, a small provision relating to maritime transportation of U.S. exports of liquefied natural gas (LNG) has drawn broader attention as the questions posed in the provision could impact international trade and potentially threaten the future of the Jones Act.
May 02, 2014
On March 20, 2014, the Federal Maritime Commission (FMC) announced that by a vote of 4-1, it had decided to let the P3 Network Vessel Sharing Agreement, among CMA CGM S.A., A.P. Moller-Maersk A/S trading under the name of Maersk Line and MSC Mediterranean Shipping Company SA, become effective on March 24, 2014. On April 2, 2014, the FMC announced a similar decision with respect to the G6 Vessel Sharing Agreement among APL Co PTE Ltd., Hapag-Lloyd AG, Hyundai Merchant Marine Co., Ltd., Mitsui O.S.K. Lines, Ltd, Nippon Yusen Kaisha, and Orient Overseas Container Line, Ltd., which became effective on April 4.
May 02, 2014
Since March 6, in response to the events in Ukraine, the Obama administration has issued three executive orders targeting individuals and entities deemed to be undermining the security of Ukraine. While all appear to be directed at Russia’s annexation of Crimea, each expands the potential number of sanctions targets and could collectively be used to deter further Russian activities in the region.
March 03, 2014
In a case of first impression that interpreted the force majeure provisions of an industry contract form promulgated by the North American Energy Standards Board (NAESB), Cozen O’Connor prevailed on behalf of plaintiff when, on January 9, 2014, the New Jersey Appellate Division affirmed the trial court’s ruling in Hess Corporation v. Eni Petroleum U.S. LLC, et al., No. A-3464-12T4 (A.D., January 9, 2014).
January 28, 2014
Last November, the group of nations known as the P5+1 (United States, U.K., Germany, France, Russia and China) reached an initial understanding with Iran whereby Iran agreed to accept limits on its nuclear program in exchange for limited relief from economic sanctions. The initial agreement was intended to last six months, during which time the parties would seek to negotiate a comprehensive agreement.
January 23, 2014
Wayne Rohde, a member of Cozen O’Connor’s Transportation and Logistics practice group, authored a chapter in the newly-released book, Inside the Minds: Complying with Transportation Regulations.
December 04, 2013
On November 24, the group of nations known as the P5+1 (United States, U.K., Germany, France, Russia and China) reached an initial understanding with Iran whereby Iran has agreed to accept limits on its nuclear program in exchange for what a White House Fact Sheet describes as “limited, temporary, targeted and reversible relief” from economic sanctions.
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.
January 24, 2013
On January 15, 2013, the Supreme Court, in a majority decision with two justices dissenting, ruled that a so-called “floating home” which did not have self-propulsion and essentially consisted of a house-like plywood structure with French doors floating on an empty bilge space, did not come within the definition of a vessel under 1 U.S.C. § 3 and therefore was not subject to maritime law. Lozman v. City of Riviera Beach, docket 11-626, 568 US ___ (1/15/2013).
February 15, 2019
Jeff Vogel was quoted in the Wall Street Journal's piece on how President Trump declaring a national emergency to bolster the wall would potentially divert critical funding sources away from the U.S. Army Corps of Engineers.
September 21, 2018
Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."
August 31, 2018
Cozen O’Connor is proud to announce that seven of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America, one of the oldest and most highly regarded peer review publications in the legal profession.
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 15, 2018
Fourteen Cozen O’Connor attorneys have been named 2018 Super Lawyers or Rising Stars by Super Lawyers Magazine Washington, D.C. edition, published by Thomson Reuters.
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.
January 28, 2018
Robert Freeman, a Government Relations Principal in the firm's Public Strategies Group, was quoted in the National Journal's article, "Trucking Industry Targets Barrasso on the Gas Tax."
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."
August 02, 2017
Geoffrey D. Ferrer, vice chair of Cozen O’Connor’s Transportation & Trade Practice Group and Office Managing Partner of the New York Downtown Office, has been sworn in as a member of the Republic of the Marshall Islands bar becoming one of only 54 admitted and active Marshall Islands attorneys.
July 22, 2017
Christopher Raleigh, of Cozen O'Connor's Transportation & Trade Department, discusses the U.S. District Court for the Southern District of New York upholding the decision to deny coverage to TransAtlantic Lines LLC over costs associated with a suit resulting from lost cargo.
June 30, 2017
Robert Freeman, of Cozen O'Connor Public Strategies, discusses last week’s House and Senate progress on Federal Aviation Administration reauthorization bills with Law360.
June 29, 2017
Robert Freeman, of Cozen O'Connor Public Strategies, discusses t the U.S. government’s heightened passenger and aircraft screening procedures for all U.S.-bound flights with Law360.
May 15, 2017
Selection to Super Lawyers is based on peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.
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."
January 26, 2017
Robert Freeman, of Cozen O'Connor Public Strategies, is quoted in the Law360 article titled, "Dems' $1T Infrastructure Plan Tees Up Fights Over Funding.
January 18, 2017
Vogel brings more than eight years of experience in maritime, national security, transportation infrastructure, and trade law to Cozen O’Connor’s Transportation & Trade Group.
January 02, 2017
Robert Freeman discusses the transportation industry, which is anxiously anticipating legislation implementing President-elect Trump’s estimated $1 trillion infrastructure proposal and reauthorizing the FAA, as well as new rules integrating emerging technology such as drones and autonomous and connected cars in 2017.
December 12, 2016
Cozen O'Connor was recognized as the 2017 U.S. News – Best Lawyers "Law Firm of the Year” for outstanding work in Admiralty & Maritime Law. Cozen O’Connor is one of only five firms to have been honored with this prestigious recognition in this area of practice since the inception of “Best Law Firms” in 2010.
November 30, 2016
Robert Freeman of Cozen O'Connor Public Strategies discusses President-elect Trump's choice of Elaine Chao to lead the U.S. Department of Transportation, and Trump's commitment to infrastructure.
November 09, 2016
In a special Election 2016 Law360 article, Robert Freeman discusses the benefits of the transportation-focused election ballot initiatives.
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.
December 08, 2015
Julia Molander is quoted in EHS Today on the autonomous vehicle industry and the direction it is going.
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.
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."
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.
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.
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.
November 10, 2014
Cozen O’Connor is pleased to welcome James D. Schultz back to the firm as a member and chair of the newly formed Government Law and Regulatory Affairs Practice. Since 2011, Schultz has served in the Governor’s Office of General Counsel. He was appointed as First Executive Deputy General Counsel in 2011 and in 2012 was appointed by Governor Tom Corbett to head that office as General Counsel of the Commonwealth of Pennsylvania.
May 30, 2014
Chambers USA recognized 29 Cozen O’Connor lawyers as leaders in their respective fields; six attorneys were recognized nationally and eight were ranked in the top band. Stanley Sher was named a “Senior Statesman” in the “Transportation: Shipping: Regulatory (outside New York)” industry, for the pivotal role Sher plays in the firm’s continued success in the transportation industry.
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.