Major air carriers and their associations, Fortune 500 corporations, and high net worth individuals rely on Thompson Coburn for their business aircraft needs, such as transactions and financing, regulatory compliance and business operations.
Additionally, our experienced team regularly represents the financial institutions that fund these transactions. We offer these services as just one aspect of our full-service Transportation industry practice, which covers every aspect of every mode of transport, and allows us to offer valuable big-picture perspective.
Whether for financial, practical or personal reasons, companies or high net worth individuals may wish to buy (or sell), obtain a fractional interest in, lease a private business aircraft or explore membership programs. But corporate jets aren’t like any other assets — very different rules apply to their underlying business and legal structures, and those who are not well versed in them can easily run afoul of FAA or other regulations. With our years of experience and key government contacts, we not only help keep our clients compliant, but strive to ensure they receive the full benefit of their business aircraft bargain.
Industrial globalization and the increase in international trade demand the agility that an appropriately structured corporate jet can provide.
We take a practical, commercial approach to aviation transactions. Understanding our client’s business needs and realities, we never over-lawyer.
We secure input from all relevant parties throughout client organizations, in order to craft true and practical solutions.
We are often referred by brokers representing the other side of prior deals, a compliment and testament to our work.
financing and closing aviation deals
Our attorneys represent aircraft owners, lessees, lenders and lessors with respect to the financing of aircraft acquisitions, including direct loans and financing leases. We have also assisted financial institution clients in developing forms for a variety of financial products relating to aircraft finance. Offering a deep understanding of optimal aircraft operational structures, we regularly advise clients on wet and dry leases, aircraft management agreements, aircraft services agreements and other transactions.
regulatory compliance
Entities or individuals using business aircraft today must contend with an ever evolving set of economic, safety and security regulations. Our teams work closely with the agencies that regulate the aviation industry, including the Department of Transportation, the Federal Aviation Administration (FAA) and the FAA’s Aircraft Registration Branch in Oklahoma City, Oklahoma. We apply our knowledge of the aviation regulatory system to develop innovative and precedent-setting operating structures for carriers. We also guide clients through regulatory and other administrative matters before the DOT for the cargo and passenger air carrier industry, and represent small operators in Federal Aviation Administration (FAA) enforcement actions (e.g., hazardous materials violations) and responding to FAA inquiries.
aircraft operations
Our attorneys help clients comply with the safety, environmental and operating regulations and conventions that govern the aviation industry, both domestically and internationally — including concerning air transportation liability rules covered by the Warsaw and Montreal Conventions. The firm has also guided clients through the growing challenges and costs associated with handling disruptive and unruly passengers. Finally, we advise aviation clients on HAZMAT compliance issues involving U.S. federal regulations, the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the IATA Dangerous Goods Regulations.
case studies
Business Aircraft: Not ‘Business as Usual”
Client issue: Sophisticated corporations are accustomed to forming special purpose entities to acquire and own certain assets. However, in aviation, this would run clients afoul of FAA rules—and this is just one example of potential pitfalls for the aviation unwary.
TC Approach: We take private corporate aviation matters off of the desks and minds of already overburdened corporate GCs or CFOs, applying our vast knowledge and experience in every aspect of aviation to create safe and effective aircraft-related structures.
Outcome: A smooth ride for our business aircraft aviation clients, with as little turbulence as we can manage.
Inherent structural security—and privacy
Client issue: For companies or high net worth individuals flying private, discretion is essential. Beyond basic safety and security concerns, flying executives to a certain location multiple times—for example, for confidential merger talks—can attract attention, spur rumors and potentially even move markets.
TC Approach: While this is rarely our primary objective, one natural consequence of the way we set up private aircraft structures is that they are not as easily penetrable by the casual ‘nosy body.’
Outcome: Clients can rest easier, knowing they are following structural and operational best practices, with the greater privacy they deserve and desire.
