News & Analysis as of

Commercial Leases Aircraft

Latham & Watkins LLP

Russian Exclusive Jurisdiction Clauses Fail to Stop Aviation Insurance Litigation in England

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The English High Court found that a current risk of unfair trial in Russia justified declining to enforce Russian exclusive jurisdiction clauses. The English High Court has cleared the way for major aviation insurance...more

Benesch

Glossary of the Top 75 Transportation & Logistics Contracts

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Our team’s passion for the transportation and logistics industry is driven in part by the undeniably practical, tangible, real-world nature of the work. Having a deep bench of attorneys who focus exclusively on transactional...more

BCLP

High Court considers repudiatory breach and wrongful termination in an aircraft lease contract dispute

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The High Court recently considered the termination of an aircraft lease to purchase contract between OCA and Novans (an aircraft broking and consultancy company). In finding for the Claimant, the judgment considers the thorny...more

Katten Muchin Rosenman LLP

The Desirability of Registering a New International Interest When Extending the Term of a Lease

Introduction This Aviation Advisory considers the desirability of registering a new international interest at the International Registry corresponding to the extension of the term of a lease of an aircraft, airframe or...more

Katten Muchin Rosenman LLP

Protecting a Lessor Against the Recharacterization in Bankruptcy of a Full Payout Aircraft Lease as a Disguised Security Agreement

Often an aircraft financer will structure a secured aircraft loan as a full payout lease in order to facilitate the exercise of remedies in the case of a default by the borrower airline. Specifying that the lease is governed...more

BCLP

Temporary aircraft cargo conversion – what legal and regulatory issues should airlines and lessors be considering?

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The global pandemic caused by Covid-19 is a severe and unprecedented challenge for the aviation industry. As widespread travel restrictions have been implemented, global demand for passenger air travel has plummeted....more

Pillsbury Winthrop Shaw Pittman LLP

New York Bankruptcy Court Strikes Liquidated Damages Provision and Related Guarantee as Unenforceable Penalty

New York bankruptcy court cautions against liquidated damages provisions that are “invariant to the gravity of the breach.” Liquidated damages provisions must be based on a “causal link” between the anticipated harm and...more

King & Spalding

Renewed Interest in Synthetic Leases - A Refresher and Changes Under the New (ASC 842) Lease Accounting Standard

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A synthetic lease is a financing technique structured to be an operating lease for the lessee’s financial accounting purposes and a financing for U.S. federal tax purposes. Synthetic leases are most often used in acquisition...more

Holland & Knight LLP

Holland & Knight's Israel Practice Newsletter: Spring 2018

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Holland & Knight invites you to read our Spring 2018 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than...more

Benesch

Aircraft Less Lesson Learned: Is Your Aircraft Properly Insured?

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Commercial transactions, particularly those involving aircraft lease agreements and insurance coverage, often involve numerous parties and complex relationships between them. The Eleventh Circuit’s decision in Aviation One of...more

Pillsbury Winthrop Shaw Pittman LLP

In re Avantair: Is My Airplane Now Yours?

Last month, the United States Court of Appeals for the Eleventh Circuit upheld the Bankruptcy Court and United States District Court for the Middle District of Florida determination that the authorized swapping of parts among...more

Morris James LLP

Aviation Orphan Trust Structure

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The use of traditional leveraged lease transactions for the financing of commercial aircraft has dropped dramatically in the last 5 to 10 years. Due to changes in economic conditions, tax laws, and accounting procedures,...more

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