Aviation

Achieved a trial victory in a declaratory judgment action challenging the application of the State of Massachusetts’ paid sick leave law on the ground that the law is preempted by the federal Airline Deregulation Law.

Advised Alaska on its proposed US$1.9 billion acquisition of Hawaiian Airlines.

Achieved a major victory for American Airlines when it secured a permanent injunction against unions representing American mechanics, which initiated slow-down efforts that led to the cancellation of 722 flights from the time American filed its lawsuit and the TRO was issued. The TRO enjoined the union and its members from slowing down in the performance of their job duties, refusing to accept overtime or assignments away from base as they would in the normal course, or otherwise interfering with American’s operations.

Obtained dismissal of a biometric privacy class claim in a first-of-its-kind decision, critically important to the industry as a whole, amid states’ increasing efforts to adopt biometric privacy laws.

Obtained summary judgment dismissal of a nationwide Age Discrimination in Employment Act (ADEA) collective action on behalf of more than 600 former flight attendants based on American’s implementation of Voluntary Early Out Programs as a result of the COVID-19 pandemic. The Ninth Circuit Court of Appeals affirmed this victory.

Secured a win for what was previously US Airways in a closely watched re-trial of a landmark monopolization and rule-of-reason two-sided market case brought against travel-booking company Sabre Corp.

Achieved a string of summary judgment victories for several major airlines in separate class actions alleging violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Helped this client and the Tweed New Haven Airport Authority execute a 43-year Lease & Development Agreement for a major upgrade of the Connecticut airport. The transaction is structured as a first-of-its-kind public-private partnership (P3) between an airport and a private operator, making this an historic deal not only for Avports, but for the US aviation industry as a whole. We also represented Avports in negotiations with Avelo Airlines, a new mainline airline that will make Tweed its first East Coast base.

Advised on a US$1.4 billion term loan credit agreement with a new leasing vehicle and the acquisition of a portfolio of 70 aircraft.

Advised bank lenders in the financing of over $2 billion of debt facilities for the acquisition of aircraft by major airlines including American, Atlas, Delta, DHL and Republic.

Represented investors and other participants in the planned US$18 billion redevelopment of passenger terminals at New York’s John F. Kennedy International Airport. In November 2022, we finalized development arrangements and initial financing for the last piece of the redevelopment plan, a US$4.2 billion deal to develop a new Terminal 6, with construction beginning in early 2023. The first phase of the new Terminal 6 facilities is scheduled to open to the public in early 2026. The completed terminal, which will total more than one million square feet and include capacity for 10 gates, will provide an anchor for passenger travel on JFK’s north side. Our client JFK Millennium Partners—which includes Vantage Airport Group, American Triple I, RXR Realty LLC, and JetBlue Airways—has partnered with the Port Authority of New York and New Jersey, the governmental agency that oversees JFK, to execute the project.

Advised on acquisitions and dispositions under a US$600 million revolving credit facility with a US aircraft lessor involving more than 30 aircraft.

Guided this client in the redevelopment and operation of the Central Terminal at New York’s LaGuardia Airport on, among other issues, real estate development, corporate governance, leasing, financing, construction, and environmental matters. Construction on the Central Terminal was substantially completed in July 2022, and construction has begun on a new “central hall,” which will link the new terminal to other airport facilities.

Achieved a win in the Ninth Circuit Court of Appeals, which affirmed the district court’s dismissal of a putative class action brought by mechanics against their union and United, alleging that the airline violated the mechanics’ collective bargaining agreement and ERISA by certain actions related to the airline’s retirement plans and colluded with the union.