News & Analysis as of

Embraer Settles FCPA Charges with DOJ, SEC

“Two out of three ain’t bad” was the refrain of a well known song by rock star Meatloaf some years back. While Meatloaf probably was not thinking about government investigations, sometimes the notion applies as aircraft...more

Embraer FCPA Enforcement Action – Part II

Today I continue my exploration of the recently announced Department of Justice (DOJ) and Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA) enforcement action with the announcement of the...more

Embraer FCPA Enforcement Action, Part I

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning 2016 run of Foreign Corrupt Practices Act (FCPA) decisions with the announcement of the resolution of the Embraer SA...more

New Turbulence App May Prevent In-Flight Injuries

US aircraft experience 65,000 incidences of moderate to severe turbulence each year. Turbulence-related injuries range from minor cuts and bruises to fractures, broken bones, and serious spinal and head injuries. A flight...more

Developments in aircraft and marine finance for 2016

As is the case with other transportation assets, the legal considerations for aircraft and vessel finance providers (FPs) include an amalgam of state, federal and international laws. Summarized below are some of the more...more

Katz to Ankin PR Is Air Travel Still Safe?

With so many airline crashes in the news, one has to wonder if it’s safe to fly anymore. Despite the threat of terrorist attacks, bombs and mid-air explosions, the International Air Transport Association assures passengers...more

Aviation emissions – new global deal looks likely

Government officials are negotiating a market-based mechanism to reduce emissions in the international aviation industry. Ministers from over 190 countries have gathered at the International Civil Aviation Organization’s...more

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

Flying the Unfriendly Skies

In America, there are over 98,000 flight attendants who face the risk of injury or death every time they board an aircraft. Some injuries are immediate, while others can develop slowly over time. Since 2003, nearly 34% of...more

Is Air Travel Still Safe?

With so many airline crashes in the news, one has to wonder if it’s safe to fly anymore. Despite the threat of terrorist attacks, bombs and mid-air explosions, the International Air Transport Association assures passengers...more

Back Injuries An Increasing Concern For Airlines

Flight attendants face an ever growing risk of serious back injuries, because of the improper handling of heavy bags. As the employees continue to preform heavy lifting, their injuries only become more pronounced....more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Layover in Tehran: United States Authorizes Carriers to Land Civil Aircraft in Iran

On July 29, 2016, the U.S. Treasury Office of Foreign Assets Control (OFAC) cleared the runway for non-U.S. operators of civil aircraft to send flights into Iran. New “General License J” authorizes many Boeing, Airbus, and...more

EPA Determines that Aircraft Emissions Contribute to Air Pollution and Climate Change

Synopsis: EPA’s recent finding paves the way for the Agency to develop standards regulating greenhouse gas emissions from aircraft. Businesses in the commercial jet manufacturing and aviation transportation industry should...more

California Environmental Law & Policy Update - July 2016 #5

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

U.S. EPA Finds Greenhouse Gas Emissions from Aircraft Endanger Public Health—a First Step in Adoption of New ICAO Standards

The International Civil Aviation Organization (ICAO) released a draft rule in February of this year proposing a new standard for reducing GHG emissions in new and in-production commercial aircraft. In the wake of the proposed...more

Six Months After Implementation of Iran Nuclear Agreement: Top 10 Observations

Various factors continue to shape and limit trade and investment between Iran and the rest of the world. Six months have passed since the implementation of the nuclear agreement with Iran, officially known as the Joint...more

Could the Flying Car Finally Take Off?

Autonomous vehicles have been hailed as the solution to overcrowded roads and their impact on America’s aging infrastructure. However, recent accidents involving automated vehicles have some wondering if having less cars on...more

DOT Bans Transport of Electronic Cigarettes on Commercial Flights

The U.S. Department of Transportation (DOT) announced a final rule that bans the use and transport of electronic cigarettes on commercial flights. The ban applies to all U.S. and foreign airline carriers with scheduled...more

Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral

As most people (at least in the banking world) know, a security interest is the granting of an interest in property to secure obligations, usually loan debt. If the borrower defaults under its obligations, the bank can...more

Passengers Hold Airlines Accountable For In-Flight Injuries

Injuries on aircraft are a growing problem. The FAA estimates that more than 4,500 people a year are injured from falling luggage alone, and many more suffer because of airline negligence or malfunctioning equipment....more

Drones: FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems

On Tuesday, June 21, the Federal Aviation Administration issued Part 107, the Final Rule for Operation and Certification of Small Unmanned Aircraft Systems (UAS). The Rule comes sixteen months after the FAA issued its Notice...more

Skies Open for Business: FAA Makes Way for Commercial Drones

The new rules will greatly expand and encourage commercial drone use but come with some limitations. After much anticipation, the Federal Aviation Administration (FAA) revealed sweeping new rules on June 21 to facilitate...more

The Revised Provisions on the Administration of Business Licensing for General Aviation

The Ministry of Transportation issued the revised Provisions on the Administration of Business Licensing for General Aviation (Order of the Ministry of Transportation [2016] No. 31)(“Order No. 31”) on April 7, 2016. Order...more

Illinois Supreme Court Finds Special Exemption Unconstitutional

Last Thursday the Illinois Supreme Court struck down a special property tax exemption for a single aeronautical services company operating out of the Quad City International Airport. As noted in the July 2015 FR Alert...more

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