Aviation

Members of our Aviation group have experience as in-house counsel to some of the world’s largest airlines and have represented airlines and leasing companies as outside counsel for many years.

> Download PDF

New York Pedigree. Minnesota Attitude.

Commercial Aviation

Regardless of size, few firms can match the experience and insider knowledge of our aviation attorneys. Members of FMJ’s aviation group have experience as in-house counsel to some of the world’s largest airlines. We’ve been selected as trusted advisors to airlines, leasing companies, financial institutions and investors active in the purchase, sale, financing and leasing of aircraft. We have been entrusted with thousands of transactions—collectively worth billions of dollars.

Our aviation attorneys represent investors, hedge funds, airlines, charter operators, FBOs, aircraft and engine lessors and lessees, lenders, among others, located throughout the world. We are regularly involved in highly-complex commercial transactions, including aircraft finance and leasing, cross-border transactions, structuring, mergers and acquisitions, public and private securitizations, progress payment facilities, residual value guaranties, purchase and sales of aircraft or equipment portfolios, joint ventures, and workouts and restructurings. We regularly negotiate equipment leases, transfers, foreclosures and financings all over the world. We’ve restructured hundreds of aircraft transactions arising out of airline bankruptcies, as well.

“Fafinski Mark & Johnson is one of the best-kept secrets in aviation law. They have a Minneapolis office with a New York pedigree and are the ones to watch in this industry.”

Jan Melgaard, Executive Chairman, Amentum Capital, Ltd.

Airline Bankruptcies

Aviation and bankruptcy frequently go hand in hand. Our aviation and bankruptcy professionals have represented banks, leasing companies, vendors, airports and other creditors in all of the major airline bankruptcies over the last 15 years. Whether repossessing aviation assets, restructuring loan or lease transactions, or navigating preference actions or claims procedures, our professionals have the expertise to represent clients in every stage of the bankruptcy process.

Business Aviation

We also advise corporate flight departments and individuals who wish to acquire, lease or share in the use of privately-owned aircraft and corporate jets. We advise banks, lessors, aviation management companies, charter companies and fractional ownership programs. We work with clients on aircraft ownership and operating structures, aircraft purchase and sale negotiations and documentation, aircraft leasing and financing, regulatory matters, and more.

Aviation Litigation

Lastly, our aviation team is rounded out with experienced litigators for times that lawsuits arise. Because aviation is such a complex and specialized area, it is important to have litigators who truly know the industry. Our aviation litigation team regularly handles aircraft repossessions, lease return condition disputes and FAA enforcement actions, among many other types of disputes. The veteran counsel at FMJ have tried many highly-publicized and nationally-important cases, including the landmark TWA #841 rollover case and Hoeper v. Air Wisconsin, a case that reached the United States Supreme Court, ending victoriously for our client Air Wisconsin and creating implications for the entire airline industry, as well as overall passenger safety.

Related Articles: 

Does the FAA Review of Non-Citizen Trusts Impose New Requirements on all Aircraft Owners?

Letters of Intent – Crafting Road Maps for Success

How to Buy a Business Jet