News & Analysis as of

The Cape Town Convention in the UK: IDERA Guidance from the CAA

The UK Civil Aviation Authority (CAA) has now issued detailed guidance on the irrevocable de-registration and export request authorisation (IDERA) process which is available here. All forms referenced below are also available...more

10 Things to Know About the UK Ratification of the Cape Town Convention

Whether you are an airline, lessor or financier in the aviation sector, the UK ratification of the Cape Town Convention, which entered into force on 1 November 2015, will impact the way in which transactions are carried out...more

European Commission Report on Capital Requirements for Covered Bonds

On October 20, 2015, the European Commission published a report (COM(2015) 509 final), addressed to the European Parliament and the Council of the EU, on capital requirements for covered bonds as required by Article 503 of...more

UK Ratification of the Cape Town Convention

It cannot have escaped the attention of anyone involved in the aviation finance industry that the UK is currently in the process of ratifying the Cape Town Convention (being the Convention on International Interests in Mobile...more

FAA Weighs in on Preemption in Product Liability Litigation

Courts across the county have long struggled with the scope of federal preemption in aviation safety and with how an aircraft type certificate issued by the Federal Aviation Administration (FAA) affects aircraft product...more

Game of Drones: UAV Entertainment and the FAA

With unmanned aerial vehicles (UAV) (also called drones) anticipated to become a multi-billion dollar industry in a few years, many are betting that drone gaming will explode as the next big thing in competitive...more

Is Iran Open for Business for U.S. Exporters?

On August 7, 2015, the U.S. Government issued a revised Guidance regarding Iran and also issued a Third Amended Statement of Licensing Policy on Activities Related to the Safety of Iran’s Civil Aviation Industry. The bottom...more

The Nuclear Deal With Iran: The Lifting of Sanctions and Implications for Business

On July 14, 2015, after two years of sometimes intense negotiations, the United States, the United Kingdom, France, Germany, Russia, and China (known as the “P5+1” countries), along with the European Union, signed a Joint...more

Defective seat belt air bag on airplane causes death of worker

Working in and around airplanes can be a dangerous occupation. Some of the most common hazards include head injuries, crushing injuries, serious musculoskeletal damage and exposure to infectious diseases. In a recent case, an...more

Iran – Don’t Forget the General License!

Iran entered into a historic nuclear agreement with the U.S. and other world powers on July 14th 2015. The agreement will allow the licensing of the export, re-export, sale, lease or transfer to Iran of commercial passenger...more

New York is Almost Open for Flying: A Sales and Use Tax Update

Piggy-backing on my colleague Drew’s sales tax update last week on new use tax rules for yachts already in effect, I’m writing with another timely update on New York’s soon-to-be-effective sales and use exemption rules for...more

"Sanctions Relief Under the P5+1 Agreement With Iran: Implications for US, EU and International Business"

Editor’s note: This article was updated on July 23, 2015, to Editor’s note: This article was updated on July 23, 2015, to reflect certain additional information in U.N. Security Council Resolution 2231. On July 14, 2015,...more

The Mitigation Conundrum

The English court has recently clarified the principles of the duty to mitigate loss. The decision in Thai Airways International plc v KI Holdings Co Ltd [2015] EWHC 1250 (Comm) highlights why an innocent party should...more

Top 10 Things to Know About the Easing of Sanctions Under the Iran Nuclear Agreement

The Iran sanctions landscape is poised to change in early 2016, but US persons and US companies will see far fewer opportunities than their European counterparts. On July 14, 2015, the P5+1 countries (the United...more

FAA Requires New Integrated Model for Noise and Air Quality Impact Analysis

In a marked change in longtime Federal Aviation Administration (“FAA”) policy regarding analysis of noise and air quality impacts from FAA initiated, directed or funded projects, FAA has substituted a single new model for the...more

EPA Aircraft GHG Emissions Regulations Take Flight: Agency Announces Endangerment Finding for Aircraft Greenhouse Gas Emissions...

After tackling greenhouse gas (GHG) emissions from passenger vehicles and power plants, the Environmental Protection Agency (EPA) on June 10 announced its latest regulatory initiative—a GHG emissions standard for aircraft....more

Made In China 2025 Plan Designates Unmanned Aircraft As A Key Sector

Support Includes Government Funding, Policy Bank Loans, And Preferential Tax Policies - On May 19, 2015, China’s State Council issued a long-range planning document that specifically designates China’s unmanned aerial...more

Rating Agency Developments

On May 29, DBRS released its updated methodology for rating U.S. asset-backed commercial paper. On May 29, Fitch republished its criteria for rating supranationals. On May 28, Fitch released its updated criteria for rating...more

California District Court Grants Summary Judgment Based on Lack of Evidence Supporting Claims for Asbestos Exposure

A California district court recently granted summary judgment in favor of four defendants on the grounds that plaintiffs had no evidence that a decedent was exposed to asbestos from defendants’ products. (Livingston v. ABB,...more

Brazilian Aircraft Maker in Negotiations to Resolve FCPA Violations

According to its May 19 securities filing, a Brazilian manufacturer of commercial jets has entered into discussions with the DOJ to resolve an FCPA probe launched by the Department in 2010. The government’s investigation...more

Rating Agency Developments

On May 22, DBRS released its methodology for rating entities in the real estate industry. On May 21, DBRS released its methodology for reviewing ratings of Canadian structured finance and covered bond transactions. On May 20,...more

Aircraft Deregistration and Repossession in India: Lessons from Kingfisher and SpiceJet

In 2012, Kingfisher Airlines, one of India's major airlines, ceased operations. India and its courts delayed responses to the request of lessors and financiers to deregister and repossess their aircraft, upsetting the market...more

[Webinar] Meritas Capability - Avoiding Common Mistakes Companies Make When Operating Business Aircraft, May 19, 1:00-2:00 CST

Business aircraft operations are highly regulated by several government agencies. Structuring the ownership and operation of business aircraft in compliance with this regulatory environment is difficult and requires...more

The GAO Issued A Report Recommending Improvements For Aircraft Cybersecurity

On April 14, the Government Accountability Office (“GAO”) issued a report highlighting cybersecurity challenges as the Federal Aviation Administration (“FAA”) transitions to the Next Generation Air Transportation System...more

Managing Ageing Fleets

Manufacturers design modern aircraft with a prescribed lifespan, or ‘design life’ of 25 years. The lifespan includes a specified number of flight hours and flight cycles, which allows the aircraft OEM, owner and operator to...more

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