With offices strategically located in the US and around the world, Hunton Aviation is renowned for managing complex, high-value aviation matters. Chambers has praised us for being “engaged in prominent cross-border transactional work for institutional clients across industries, regularly assisting with sales, purchases and significant financing agreements for acquisition and refits of high-end aircrafts.” We are ranked Band One for Private Aircraft in Chambers and Partners High Net Worth Guide, recognized as a leading law firm in Aviation Finance (UK) by Chambers and Partners, and ranked as a leading law firm for Transport Finance and Leasing (UK) by Legal 500.

When aviation matters overlap with other business and regulatory concerns, we take full advantage of the experience of our lawyers in all practice areas to achieve our clients’ goals. Our key focus areas include:

Aircraft

From fixed wing, rotor, commercial (international and regional), military, and government aircraft, to corporate and business jets, to UAVs, engines, and parts—our team has detailed technical knowledge of aviation related assets, their operations, and the nuances that drive value and productivity.

Structured Asset Finance and Bonds

We represent a diverse range of clients, including airlines, lenders, arrangers, lessors, governments, and investors, in complex financial transactions. These transactions encompass tax-structured leases, syndicated and bilateral debt, export credit finance, PDP finance, sustainable financing, restructurings, secured financings, securitizations, and bond financing for airport improvements and other projects.

Leasing and Chartering

From sale and leasebacks to short- and long-term Aircraft, Crew, Maintenance, and Insurance (ACMI) agreements, we have extensive experience in financing and operating leases across jurisdictions worldwide. We serve some of the world’s largest airline fleets and structure engine leases for various clients, including Original Equipment Manufacturers (OEMs), engine lessors, and start-up charter operators. Our experience includes preparing bespoke documentation for our lessor and airline clients, as well as negotiating sale and leaseback arrangements.

Litigation and Arbitration

For decades, we have tried and won aviation accident cases and commercial litigation for significant aviation sector companies, and defended toxic tort cases arising from work performed on aircraft and aircraft components for OEMs. However, we also bring a preventive perspective to our aviation litigation services, often helping clients to identify and implement practices and procedures to mitigate future liability risks before litigation arises.

Corporate

We understand the aviation and defense sector from all sides of a corporate transaction. Our experience includes counseling clients in the aviation, defense, and government services industry (e.g., OEMs, defense contractors, and related service providers) on target acquisition and assessment, due diligence analysis, financing, and managing transaction risks associated with government contractors and subcontractors.

Real Estate

We represent aviation clients in real estate transactions—both acquisition and disposition of real property in the aviation sector, as well as office, industrial, and retail leases, subleases, and ground leases—involving airport terminals and buildings, industrial warehouses, administrative and operational office space, on-airport retail space, hangars, cargo, aircraft maintenance and simulator training facilities, and other aviation-related space. We prepare and negotiate documents, perform due diligence, and assist with title insurance, surveys, entitlement reports, land use approvals, and environmental site assessments. Our market-leading real estate finance practice also advises on commercial loan facilities, including acquisition, construction, permanent, debtor-in-possession financing, mezzanine, and leasehold finance transactions.

Regulatory and Compliance    

We provide comprehensive, strategic counsel on a breadth of regulatory matters, with a focus on aviation issues such as securities disclosure, corporate governance, NYSE-regulatory compliance, transactions, Rule 144A offerings, employment policies, and document retention. Our team has represented airlines, private aviation companies, aircraft owners, US public companies, high-net-worth individuals, government defense contractors, providers of commercial flight training services, investors, and independent infrastructure providers. 

Privacy and Cybersecurity

A stand out leader in the field, our Chambers-ranked privacy and data security practice represents OEMs and lessors in the aviation sector, has assisted clients with responding to over 4,000 cybersecurity incidents and data breaches worldwide, and has handled some of the most significant global privacy and cybersecurity incidents. These include ransomware attacks, cyber extortion threats, deep fakes, denial‐of‐service attacks, credential stuffing/account takeovers, business email compromises, source code compromises, advanced persistent threats, and zero‐day vulnerability exploits. We manage incidents involving virtually every type of personal information, including information related to consumers, clients, users, vendors, and employees across the aviation industry.

Government Relations, Economic Development, and Strategic Communications

We have a full-service public affairs consultancy with extensive experience providing non-legal services to support the growth and success of airports, airlines, and the communities they serve. Our team, including a former leader at the US Department of Transportation, a former Virginia Secretary of Transportation, and a former Virginia Secretary of Commerce and Trade, has worked in the public and private sector to secure funding to support or expand airports, spaceports, and domestic and international route offerings; represents airports and their governing bodies before local and state legislatures and government entities; and leverages the presence of airports and commercial/passenger services to support major development projects.

Labor and Employment

Our labor and employment team has represented major airlines, airport authorities, government defense contractors, aerospace companies, logistics providers, and freight transportation companies. We handle union avoidance, election campaigns, union litigation, collective bargaining, and strikes. We develop and execute strategies regarding labor-management relations, including strategic workforce and business planning involving a unionized workforce, collective bargaining, grievance and arbitration proceedings, NLRB election matters, strike contingency planning and execution, and both traditional and non-traditional union organizing strategies, such as corporate campaigns and the rise of so-called “homegrown” unions.

Reorganization and Bankruptcy

We represent clients on both sides of the table in national air carrier bankruptcy cases. Our creditor work in airline bankruptcies is extensive and we also have advised clients as debtor’s counsel on debtor-in-possession financing and reorganization plans, as well as workouts and enforcement of security.

Sustainable Aviation Fuel

We have extensive knowledge of the various sustainable fuel regimes around the globe. Our work includes negotiating offtake agreements and we have spoken and moderated at conferences including the Sustainable Skies World Summit.

Hunton’s aviation team has been engaged in the following work while at Hunton and previous law firms:

Structured Asset Finance and Bonds

• Bond counsel to Atlanta Hartsfield Jackson International Airport since 1999, and consistently lead bond counsel since 2014, including: 
  • all public financings for Atlanta Airport (GARB, PFC and CFC);
  • negotiating airport lease agreements with signatory airlines; and
  • federal tax advice to Atlanta Airport’s Department of Aviation.
• Disclosure counsel to Miami-Dade County in multiple transactions for Miami-Dade County International Airport (MIA).
• Represented a Lithuanian and Chinese joint venture company in the acquisition, financing, leasing, and delivery of Airbus 320 family aircraft in a transaction valued at $300 million, which was recognized as an Asia Pacific Deal of the Year by Airline Economics in 2018.
• Represented a Middle East carrier in first sustainable finance transaction for an international airline to secure funding for a project based on its compatibility with the Sustainable Development Goals of the United Nations.
• Participated in the first and several follow-on dual currency leases for a Dutch airline, denominated in guilder debt and dollar equity.
• Participated in aircraft finance and leasing deals for an Indian airline, an airport privatization bid for an Indian communications company, and financing for a US defense company’s air traffic control systems for Indian airports.
• Represented the rating agency in the first cross-border securitizations of airline ticket receivables from three airlines in Mexico and Chile.
• Advising a Kuwaiti bank on the ijara financing of B777 aircraft via a leasing entity for operations in Kuwait.
• Advising an Israeli airline on the syndicated financing of B787 aircraft with a syndicate of lenders.
• Represented a Middle Eastern airline and the related Ministry of Finance on the structuring of its entire aircraft fleet, including purchase contracts with manufacturers.
• Advising a UK airline in the financing of over 45 ATR 72-600 and Bombardier Q400 aircraft including warehouse structures, tax structures, and pre-delivery financing.
• Represented a multinational bank as the debt participant in a $150 million aircraft leveraged lease deal.
• Assisted bank and institutional lenders with restructuring an airline’s fleet mortgage.
• Assisted an airline in a $100 million revolving bank credit facility fully secured by aircraft, engines, and parts as collateral. We also counseled the airline on a securitization transaction backed by aircraft lease pass-through certificates and another securitization transaction valued at more than $218.5 million.
• Represented an American airline in offerings of convertible debt, as well as in a restructuring of debt that added collateral of spare parts and aircraft engines.
• Advising a US company on the establishment of its new private jet travel business in the US and Europe, including an accordion credit facility and the purchase and conversion of Embraer aircraft for the new fleet.
• Assisted in issuing $65 million in Airport System Subordinate Lien Revenue Refunding bonds during 2001, as disclosure counsel for the City of Houston.
• Represented United Airlines (formerly Continental Airlines) in connection with several transactions related to the redevelopment of Terminal B at Houston’s Bush Intercontinental Airport.
• Represented a subsidiary of Host Hotels and Resorts in connection with the renewal of its long-term lease with the City of Houston for the flagship on-airport hotel at Intercontinental Airport Houston.

Leasing and Chartering

• Advising a UK airline on sale and leaseback negotiations with numerous lessors as part of a fleet growth and renewal plan valued at circa $750 million.
• Advising a Norwegian startup airline on its new aircraft and engine leases in order to commence inaugural flights and overall business operation.
• Advising a Middle Eastern startup airline on its used aircraft leases, including bespoke aircraft modifications.
• Advising a Middle Eastern carrier on sale and leasebacks, including Islamic finance structures for its wide body aircraft fleet.
• Advising an African airline on the delivery of two A320 neo aircraft that will lead to it becoming the first African airline to operate this aircraft type.
• Advising a UK clearing bank on the operating lease of two Sikorsky S-76C in VVIP configuration for operation in the UK.
• Advising a US-based helicopter operator on lease agreements in respect of offshore operations, as well as sale and leaseback arrangements.
• Established long form and short form precedent ACMI documentation for an Irish charter business, as well as operating lease documentation for used aircraft.

Litigation and Arbitration

• Representing a satellite operator in a $270 million breach of contract and commercial extortion claim against a French aerospace corporation.
• Representing an American aircraft manufacturer in a lawsuit arising out of a helicopter sales contract dispute.
• Achieved dismissal of all claims against our general aviation manufacturer client in an often cited Fifth Circuit case on general jurisdiction principles.
• Won dismissal of all claims against our military trainer airplane manufacturer client in a Fifth Circuit case on the government contractor defense.
• Won dismissal of all claims against our corporate aircraft fractional ownership company client in an employment case of first impression in Texas based on federal preemption under the Airline Deregulation Act.
• Represented a regional airline carrier in an arbitration against a major airline carrier over the interpretation of various aspects of the contracts governing the parties’ relationship.

Corporate: New and Used Acquisitions and Sales

• Advising an international airline group on the multibillion-dollar acquisition of Boeing and Airbus aircraft and GE and Rolls Royce engines pursuant to individual OEM purchase contracts and letter agreements.
• Advising a UK airline on engine purchase agreements along with accompanying total care arrangements for its international operating fleet.
• Advising various high net worth individuals on purchase agreements of new corporate jets and VIP configuration helicopters from manufacturers including Bombardier, Gulfstream, Embraer, Cessna, Leonardo, Sikorsky, Airbus, and Boeing.
• Advising UK and US financial institutions on the establishment of special purpose companies and owner trust structures for the acquisition of new and used corporate and related financing.
• Advising companies on the acquisition of aircraft and engines for on sale and part out.

Corporate: Commercial Contracts and Licensing

• Counseled an American airline in technology transactions with numerous hardware and software companies.
• Represented an American airline in acquisition of interests in several airline services companies.
• Represented an American airline in transactions—including web hosting, software license, and technology consulting agreements—to acquire and support the hardware, software, technical services, and online operations that form the company’s business infrastructure.
• Counseled an American airline in multimillion-dollar, multiyear telecommunications transactions with major international software vendor.
• Guided an American airline in major technology initiatives with two technology companies involving a master agreement establishing a hardware and software alliance between the companies.
• Conducted negotiations for timeshares on executive jet aircraft timeshares for individual clients.
• Negotiating commercial contracts for spare parts, maintenance, and fuel, as well as other agreements related to day-to-day airline operations.

Real Estate

• Represented Archer Aviation, Inc. with the acquisition and development of a 96-acre site in Newton County, Georgia, strategically located adjacent to the Covington Municipal Airport and the chosen location for its high-volume manufacturing facility to produce state-of-the-art electric vertical takeoff and landing (eVTOL) aircraft; assisted Archer in securing $65 million in financing from Synovus Bank and $150 million in equity capital from its partner Stellantis and in finalizing a design-build construction package with Evans General Contractors, LLC for a 350,000 square foot production plant expected to produce up to 650 aircraft per year.
• Represented aviation industry clients in:
  • acquiring a flight simulation and training center;
  • negotiating and leasing of office space and hangarage;
  • acquiring and developing FBOs, hangars, and apron space;
  • financing of training facilities;
  • negotiating and finalizing joint cargo facilities lease agreements with affiliate and non-affiliate carriers;
  • leading discussions with a consortium of airlines against airports in renewal negotiations of terminal leases and airline use agreements;
  • preparing and facilitating sublease agreements with various vendors, including fuel farms; and
  • advising on environmental risks related to hazardous substances (such as PFAs and forever chemicals) and regulatory compliance matters with fire suppression systems.

Regulatory and Compliance

• Advising US public companies and high net worth individuals who own and operate business aircraft registered in the United States.
• Drafting corporate aircraft use policies to cover personal use under US law, SEC reporting of corporate aircraft usage, and related issues.
• Represented an American airline in all aspects of SEC and NYSE compliance.
• Advised on complex environmental issues involving airport fuel and maintenance operations, including propylene glycol discharges and above and underground fuel storage tank contamination, and conducted due diligence and issues evaluation on these environmental liabilities, for clients that include a foreign investor considering the purchase of a US carrier, a US carrier regarding its operations, and fixed-base operators and airports.
• Advised on antitrust compliance involving mergers, acquisitions, and other business combinations.
• Counseled on FAA permits and regulations covering air charters and contract carriers.

Government Relations, Economic Development, and Strategic Communications

• Representing the governing body of a midsize commercial airport before state and local governments.
• Represented the governing body of a major international airport before state government.
• Led an intergovernmental team that secured public funding for expanded international offerings from a major commercial airport.
• Secured $50 million in state funding for retention of a major commercial airline’s regional hub service.
• Led legislative efforts to establish a new public incentive fund for use by commercial airlines in the marketing, promotion, and advertising of new passenger air service.
• Secured millions in state funding for maintenance, renovation, and expansion of small and medium commercial airports.
• Led legislative efforts to modernize Virginia’s categorization of various commercial airports.
• Secured state funding for establishment of an aircraft maintenance training program through a public-private partnership.
• Secured state funding and support during representation of a regional commercial spaceport.
• Managing director of practice group serves on the board of directors of the Washington Airports Task Force.

Labor and Employment

• Represented a national airline regarding a Teamsters-led pilots’ strike and public smear campaign over safety issues, including strategic response, judicial intervention, negotiation, public communication strategy, and enforcement of rights under the Railway Labor Act (RLA).
• Represented North American airline carrier in mediation regarding collective bargaining agreements and labor negotiations that included elements of the RLA; provided in-depth analysis regarding unionized company employees and impacts from RLA requirements.
• Successfully argued for deferral to the RLA procedures for dispute resolution in Whitaker v. American Airlines, Inc., 285 F.3d 940 (11th Cir. 2002).
• Representing major metropolitan airport authority in connection with its drug policy, along with providing general labor and employment advice.
• Represented metropolitan airport authority on a sensitive internal investigation regarding race and gender discrimination claims, enabling the airport authority to successfully defend against the complainants’ EEOC charge of discrimination.
• Retained as strategic labor relations and collective bargaining counsel by nationwide freight transportation company and subsidiary; advised on the development and implementation of new technologies in the transportation sector, their effect on labor relations with the Teamsters, and the impact on the company’s negotiations for a new national master collective bargaining agreement.

Reorganization and Bankruptcy

• Advised on debtor-in-possession financing and on the subsequent reorganization plan as debtor’s counsel to America West in its Chapter 11 bankruptcy.
• Represented a Canadian airline as an investor in Continental Airlines on its emergence from Chapter 11 bankruptcy.
• Counseled ABN in the Chapter 11 bankruptcy and Chapter 7 liquidation of a California commuter air carrier.
• Advised the official committee of creditors in the bankruptcy of an air cargo company.
• Represented a global bank as the agent of the senior secured bank lender to a commercial air carrier in the company’s Chapter 11 bankruptcy.
• Advising a South African bank on the restructuring of a UK airline’s €500 million debt and the successful exit from examinership in Ireland.
• Advising a Canadian based helicopter business on the asset restructuring of its operations in over 15 jurisdictions worldwide.

Immigration

• Handled immigration issues for major US airlines, such as training visas, employment visas, and permanent residency sponsorship.
• Retained by a top US aerospace company to coordinate visas for a training program involving airplane construction for over 100 individuals.