He brings extensive experience counseling aviation industry clients on a wide range of regulatory and commercial matters.
Regulation of the aviation industry is intense and unremitting. To achieve compliance and maximize economic performance, participants require dedicated aviation counsel. Now more than ever, given the regulatory implications the aviation industry faces in the shadow of COVID-19, including those attendant to the transport of the vaccine, counsel on the cutting edge is essential. Very few law firms support an aviation practice as diverse and far-reaching as Cozen O’Connor’s, which is also nationally ranked by Chambers and Partners USA in Aviation Regulatory.
The firm represents major U.S. and foreign passenger and cargo airlines, airline trade associations, airports, aircraft, engine and equipment manufacturers, aircraft lessors, international business aviation companies, air travel distribution companies, unmanned aircraft systems (drone) manufacturers and operators, air/ground express delivery companies, and logistics specialists. Our attorneys also advise and represent large corporations, banks, private individuals, private equity funds, and other investors with aviation-related operations or transactions.
Cozen O’Connor advises clients on the full array of aviation laws and regulations, including those enforced by the U.S. Department of Transportation (DOT), the Federal Aviation Administration (FAA), and the Department of Homeland Security and Transportation Security Administration (TSA). More specifically, the firm advises on economic and code-sharing authority, international routes, frequencies and traffic rights, antitrust immunity, export controls and sanctions, air travel distribution, licensing and certification, private aviation, aircraft registration, taxes and fees, airport slots, rates and charges, consumer enforcement, safety and security, and compliance with ICAO standards. During the coronavirus pandemic, our team has been actively involved in advising major U.S. and foreign airlines and other aviation companies on a wide range of COVID-related issues, including those under the CARES Act.
Cozen O’Connor regularly assists with major aviation-related transactions, including mergers, acquisitions, alliances, joint ventures, sale and leasing of aircraft, aviation financings, and aircraft management and ownership agreements. Our finance attorneys support innovative cross-border deals and work closely with attorneys in the tax practice to develop innovative solutions.
As other firms move away from industry-specific practices, Cozen O’Connor has continued to invest in building a one-stop shop for aviation industry clients. With offices in 30 cities across two continents and attorneys with direct experience in aviation regulation, transactions, and litigation, Cozen O’Connor has the capacity to respond promptly and effectively to client needs no matter where they arise. The firm’s regulatory team has advised on landmark airline mergers and the formation of new air carriers, the development of federal rules on aircraft safety and security, and the reorganization and management of U.S. airlines in Chapter 11 bankruptcy.
Another distinguishing feature of Cozen O’Connor is that we operate a bipartisan government relations group based in Washington, D.C. Our skilled government affairs team represents clients before all three branches of the U.S. federal government and various state bodies. Key members of the Public Strategies group have direct aviation industry experience, including a former general counsel to the U.S. Export-Import Bank and former deputy staff director of the Senate Committee on Commerce, Science, and Transportation.
Indeed, the aviation practice as a whole is staffed by longtime leaders of the aviation bar, including a member of U.S. delegations to international air transport agreement negotiations, the editor of leading treatises on aviation law in the U.S. and Europe, and the editor-in-chief of The Air & Space Lawyer, a quarterly publication of the American Bar Association. Cozen O’Connor prides itself on staffing matters leanly with seasoned attorneys and other professionals who can provide sophisticated, cost-effective service.
October 28, 2021
Jonathon Foglia and Rachel Welford discuss the president's proclamation and the CDC's orders that impose additional restrictions and documentary requirements on airlines and other air operators, passengers, and crew members to combat the spread of the virus that causes COVID-19.
July 12, 2021
Jonathon Foglia and Rachel Welford discuss President Biden's executive order to promote competition across the U.S. economy.
June 22, 2021
Rachel Welford discusses the TSA's new Secured Packing Facility program designed to help ease the burden of complying with new cargo screening requirements.
April 29, 2021
Rachel Welford discusses DHS's extension of the REAL ID deadline to May 3, 2023.
March 15, 2021
Rachel Welford and Katie Sobotta discuss the American Rescue Plan Act of 2021 that provides much-needed relief to airlines for the continuation of employee wages, salaries, and benefits.
February 16, 2021
Mark Atwood discusses the CDC, DOT, and TSA's orders and notices requiring all passengers to wear masks but also allowing exceptions for persons with disabilities, and what air carriers should do in the next couple of weeks to determine how to thread this needle.
January 15, 2021
Rachel Welford and Kathryn Sobotta discuss the CDC's new notice and order requiring pre-departure negative COVID-19 tests from all U.S.-bound passengers traveling by aircraft from any foreign country.
December 23, 2020
Congress has passed the Consolidated Appropriations Act, 2021, a comprehensive $900 billion COVID relief stimulus package and $1.4 trillion omnibus bill.
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.”
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.
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.
July 06, 2020
On July 2, 2020, the U.S. Departments of Transportation, Homeland Security, and Health and Human Services issued a joint guidance document titled “Runway to Recovery- the United States Framework for Airlines and Airports to Mitigate the Public Health Risks of Coronavirus.”
May 20, 2020
Rachel Welford discusses how and why TSA should begin temperature screenings.
May 13, 2020
Rachel Welford discusses DOT's guidance for airline carriers operating flights to, from, and within in the United States on when it is necessary to offer ticketed passengers refunds.
April 20, 2020
Rachel Welford discusses the FAA's guidance for passenger airlines contemplating using empty apace in their aircraft to transport cargo.
April 15, 2020
Rachel Welford discusses the TSA's RFI soliciting input from the air cargo industry regarding new international screening standards for air cargo.
April 07, 2020
Rachel Welford and David Heffernan discuss DOT's notice regarding "Refunds By Carriers Given the Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel" and what carriers must do to ensure their compliance.
April 06, 2020
Steve Haas discusses the suspension of the FET and what jet cardholders and customers of on-demand charters should do.
March 31, 2020
David Heffernan and Rachel Welford discuss DOT's proposed parameters for implementing the authority granted it by the CARES Act to maintain scheduled air transportation to U.S. points.
March 06, 2020
Rachel Welford discusses DOT's “Enforcement Notice Regarding Denying Boarding by Airlines of Individuals Suspected of Having Coronavirus.”
March 04, 2020
Mark Atwood discusses the February 28, 2020, Notice of Proposed Rulemaking.
February 03, 2020
David Heffernan and Rachel Welford discuss the significant changes the DOT made to its regulations relating to the transportation of service animals by air.
December 02, 2019
It will hardly come as a surprise to readers that air transportation and the trade in aircraft and parts is inherently international. Thus, participants in these industries have to keep an unblinking eye on the increasingly ubiquitous international regimes of trade and economic sanctions that apply to a wide variety of economic activities.
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.
September 09, 2019
How do you create a regulatory framework that sustains the highest levels of aviation security through “shared outcomes”? The Transportation Security Administration’s new Action Plan Program (APP) seeks to answer that essential question.
July 30, 2019
Don Kassilke and Bob Foster discuss OFAC's Iran-Related Civil Aviation Industry Advisory and why it could mean OFAC will be taking a greater interest in the Iranian aviation sector.
April 24, 2019
Don Kassilke and Matthew Howell discuss what the implementation of Title III means in practical terms and how it could impact entities trading with Cuba.
February 06, 2019
Bill Walsh discusses why reconciling SPD-2 and SPD-3 through the new rulemaking process could likely prove beneficial to the commercial space industry.
January 18, 2019
William Walsh discusses the decision in Philadelphia Indemnity Insurance Company v. Hollycal Production, Inc and what it could mean for the future of drone law.
January 07, 2019
David Heffernan, a member of the firm's Transportation & Trade Group and co-chair of the Aviation Industry Team, authored "The Safety and Comfort of Your Airline Seat" for Forbes.
December 11, 2018
Mark W. Atwood and Robert F. Foster discuss the smooth transition of post-Brexit air transport rights for the U.S.-UK trans-Atlantic market, which traditionally has been the busiest sector for air traffic between the United States and Europe as a whole.
November 09, 2018
Robert L. Bowman and Robert F. Foster discuss the Third Circuit's decision in Sikkelee v. Precision Airmotive Corp., that held state-law claims brought against an aircraft engine manufacturer were not conflict preempted by federal law. This decision places equipment manufacturers and other defendants at greater risk of being held liable for state law-based accident claims and other related cases.
October 11, 2018
David Heffernan and Robert F. Foster discuss provisions in the Reauthorization Act that affect air travelers. This is the third article in a three-part series on the FAA Reauthorization Act of 2018
October 11, 2018
David Heffernan and Matthew Howell discuss provisions in the Reauthorization Act that affect airline fees, including some that were omitted from the final legislation but will likely continue to be considered in the future. This is the first in a three-part series on the FAA Reauthorization Act of 2018
October 11, 2018
David Heffernan and Robert F. Foster discuss provisions in the Reauthorization Act that affect airlines’ obligations to accommodate passengers with disabilities. This is the second in a three-part series discussing the FAA Reauthorization Act of 2018.
August 13, 2018
David Heffernan and Robert Foster, attorneys in the firm's Aviation Regulatory Practice, co-authored, "Time To Curb Abuse Of Air Travel 'Support Animal' Rules," for Law360.
May 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.
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 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.
July 25, 2017
This edition of the Cozen O’Connor Drone Report discusses the unmanned aircraft systems (UAS)/drone-related provisions of the recently introduced FAA reauthorization bills, a recent FAA chief counsel’s legal interpretation regarding drone operations near private heliports, the Department of the Interior’s data-sharing initiative to prevent unauthorized drone operations over wildfires, the Drone I.D. Rulemaking Committee’s recent meetings, a recent judicial proceeding on the GoPro drone case, President Trump’s offer to sell drones to India as part of the joint “Prosperity Through Partnership” initiative measure between the United States and India, and the latest state regulations and legislation regarding drones.
July 10, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses the latest FAA reauthorization bills, the Department of Homeland Security’s enhanced aviation security measures, the DOT Inspector General’s audit reports regarding the FAA’s oversight of suspected unapproved parts and check pilot qualifications, the Department of Commerce’s investigations regarding aircraft imports from Canada, and the latest DOT and FAA enforcement actions.
July 06, 2017
David Heffernan and Jennifer Urban, of Cozen O'Connor's Transportation and Trade Group, published "US Regulation of Commercial Uses of Drones" for Expert Guides.
June 23, 2017
Jennifer Urban and Rachael Wallace discuss the D.C. Circuit Court’s recent decision against the FAA’s registration requirements for recreational drones, the latest findings and recommendations of the FAA’s Drone Advisory Committee, FAA Administrator Huerta’s recent statement on drone safety, and the introduction of the Drone Federalism Act of 2017 in the U.S. Senate.
May 08, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses the FAA’s regulatory reform review, the FAA’s and PHMSA’s increases in civil penalty amounts, recent amendments of hazardous materials regulations, the Congressional oversight hearing on U.S. airlines’ customer service and contracts of carriage, and the latest DOT and FAA enforcement actions.
April 26, 2017
David Heffernan discusses why the recent incident on United Airlines was an anomaly and not evidence of the need for additional legislation or regulations with industry-wide effect.
April 24, 2017
David Heffernan, Michael Klein and Jennifer Urban discuss how drones will revolutionize the way water and sewer systems operate and the legal restrictions that accompany this new practice.
March 31, 2017
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s tentative award of Mexico City slots, DHS/TSA’s prohibitions on the in-cabin carriage of certain personal electronic devices on nonstop flights to the U.S. from ten Middle Eastern and North African airports, DOT’s withdrawal and compliance deadline extensions for various consumer protection-related rules, GAO reports on the status of DHS’s biometric air exit system and FAA certification processes for aviation products, President Trump’s executive order on the reorganization of executive branch agencies, and the latest DOT and FAA enforcement actions.
February 14, 2017
David Heffernan and Jennifer Urban of the Aviation Regulatory group discuss current issues in aviation, due to the change in administration.
February 13, 2017
This edition discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and JFK slots to other airlines, DOT’s proposed rule to require airlines and ticket agents to disclose baggage fees, the FAA’s final rule amending small aircraft airworthiness standards, new DOT training materials for airlines and their employees and contractors regarding compliance with Part 382 disabled passenger regulations, DHS’s increase of certain aviation-related civil penalties for violations of immigration and TSA rules, GAO criticism of U.S. Customs and Border Protection’s predeparture programs, and the latest DOT and FAA enforcement actions.
February 06, 2017
David Heffernan and Jennifer Urban discuss how President Trump's recent executive order “Reducing Regulation and Controlling Regulatory Costs,” and anti-regulation policy generally, could impact the aviation industry.
January 02, 2017
William Walsh, co-chair of the Aviation Industry Team, discusses the significant tension between the Federal Aviation Administration regulation for commercial drones and any conceivable economic model of a profitable retail drone delivery operation.
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.
June 09, 2021
Jonathon Foglia was featured in an article published by Law360 that discusses his move to Cozen O'Connor.
June 01, 2021
He brings extensive experience counseling aviation industry clients on a wide range of regulatory and commercial matters.
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.
April 25, 2019
Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.
April 08, 2019
Rachel Welford has returned to the firm’s Transportation & Trade Group. She joins Cozen O’Connor from American Airlines, where she served as the director of security and government affairs.
June 15, 2018
The U.S. edition of The Legal 500 recognized Cozen O’Connor’s Aviation, Construction, and Shipping practices as well as attorneys Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, and Anne Mickey.
April 13, 2018
David Heffernan, a member of Cozen O’Connor Transportation and Trade Practice Group, and Rob Freeman, a government relations principal in Cozen O’Connor’s Public Strategies Group, were named to JD Supra 2018 Readers Choice Awards Top Airlines/Aviation Authors.
September 20, 2017
Mark Atwood, of the firm's Transporation and Trade Group, was quoted in the Sun Sentinel's article, "Deja vu for airlines, cruise lines as Hurricane Maria prep begins."
September 15, 2017
Mark Atwood, a member of the firm's Transportation and Trade Practice Group, was quoted in the Sun Sentinel's article, "Days after Irma hits, South Florida airports, hotels, cruise lines look for return of customers."
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.
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.
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."