In a world full of people, only some want to fly
Isn’t that crazy?
But we’re never gonna survive unless, we get a little crazy
No we’re never gonna to survive, unless we are a little crazy
Crazy (Seal)
It is a poorly kept secret, among those in the industry, that working in commercial aviation is addictive. Once you work in the business, you tend to stay in the business. People shift jobs and cities and employers frequently, but it is rare for someone in airline operations or aircraft finance to leave and move to another industry. And if that seems odd, it is even more interesting when you consider that aviation is considered by many to be a “hostile industry,” as Delta General Counsel Ben Hirst has called it.
Aviation is highly competitive, heavily regulated, frequently operating on slim margins, and easily impacted by external forces like the economy, gas prices, disease, and war. Consider the headline that appeared in the New York Times this week: “Another Day of Airline Chaos: Thousands of Travelers Are Still Stranded.”
So, what is it that draws people into the industry and tends to keep them there? We cannot answer this question for everyone. But as we approach the end of 2022, we wanted to take the time to reflect on the role of the aviation law practice at FMJ and what tends to keep us as willing contributors, participants, and/or captives in the industry. Please continue reading for a few thoughts on what aviation means to our Aviation and Transportation Team.
Kevin Johnson
Airline people are a special breed.
“Airline people are tasked daily with keeping a huge logistical enterprise running, they are frequently asked to do much with almost nothing, but they are also hugely loyal to the mission and endlessly inventive. In their hearts, they know that the aircraft need to fly and that passengers need to get to their destinations, and they will go to whatever lengths they need to in order to make that happen. That was one of the big lessons I learned when I was hired into the Law Department at Northwest Airlines, and I adopted their mission and attitude as my own.”
“Another lesson I quickly learned was that aviation law is the intersection of a seemingly endless range of disciplines, from labor issues and strikes to passenger rights, from antitrust enforcement to international treaties, and from FAA regulation to bankruptcy law to equipment leasing and finance. It’s barely contained chaos, really, and I found it endlessly fascinating. Throughout my career, I have become very adept at dissecting improbably complex problems and breaking them down to as many discrete pieces as necessary in order to find solutions and strategies for dealing with them, and my aviation practice has fed that for me. And as a result, I have also learned that between the loyalty and chaos, there would never be another job or industry that could keep my attention in the same way as the aviation industry has, and I am thankful for every minute of it.”
Bob Fafinski
Classically Trained.
“I had the good fortune to be introduced to Sun Country Airlines during the early years of that airline’s history. For years, I traveled with executives of the airline, including the CEO, John Skiba, doing deals around the world. We negotiated lease transactions in person with major lessors, and other airlines – it was the best training a young lawyer could have hoped for. Those opportunities allowed me to meet major players in the industry and opened the door to relationships with dozens of other aviation companies, many of whom are still clients to this day.”
“What I love about this industry is the people, the characters, the stories, solving the challenges, and celebrating the successes. To this day, I have maintained deep friendships, not only with my clients but with those I sat opposite from at the negotiating table. Although the industry has changed – the best part – the personal relationships with the great people in this business is what makes aviation such a unique industry.”
Kristina Keppeler
Kristina is dipping her toes in the aviation law pool.
“Before arriving at FMJ in April this year, I had very little exposure to aviation law. With FMJ, I have been drawn into more and more aviation-related transactions, including mergers and acquisitions of aviation vendor companies and charter operators. I have also worked on a number of sales and transactions involving aviation assets such as aircraft, parts, hangars, and other related resources. I enjoy applying my business law knowledge to this unique and exciting field. I feel like I am just starting to glimpse a much larger world, and I am anxious to dive in for more.”
Pat Rooney
Pat is a Trial Lawyer First.
Pat Rooney is an exception on this list: a trial lawyer who loves the practice of law and the handling of litigation first and foremost. He’s as at home with an intellectual property licensing case or a minority shareholder dispute as he is with a contract dispute between an airline and an aircraft leasing company. Pat has never been bitten by the aviation bug in the way many others have, but he is driven by a deep dedication to the practice of law. And when an aviation client needs someone to take the lead in a complex case, protect them from an enforcement action by the FAA, or enforce their rights under a lease or supply contract, there is no better ally for the transactional attorneys on this list. We are fortunate to be able to partner with Pat to help our clients through disputes and litigation.
David Runck
David understands that bankruptcy and aviation work often go hand-in-hand.
David Runck is the head of FMJ’s Bankruptcy & Insolvency Group. But as a sounding board for some of the most complicated of aviation related problems, he is also an honorary member of the Aviation and Transportation Group. Airlines and bankruptcy always seem to go hand in hand, and David’s experience and knowledge are a valuable asset to our team and our clients. He is always willing to help to work through the complexities of bankruptcy in an aviation setting. While David may not be a full-time “aviation” lawyer, he appreciates the sophistication of the practice and is a willing participant when asked to weigh in, whether it is on how to recover aircraft, parts, and aircraft records in an airline bankruptcy or teasing out loopholes and strategies in a complicated contract.
Don Mark
Aviation is all in the family for Don.
Don Mark was there the day his father came off the aircraft from his last flight as a Northwest Airlines pilot after 33 years. Then-president Donald Nyrop and a reception line of sharply dressed airline captains saluted his retirement after so many years in the air. Don’s mother was also a flight attendant at Northwest for decades, and Don himself obtained a private pilot’s license.
So, it was no surprise that when Don became a lawyer, he was drawn into aviation law and insurance defense of airlines and pilots after accidents and incidents. Don has tried dozens of complex cases in many industries over the years since, but he has always been most passionate about his aviation cases. From defending TWA and pilot Hoot Gibson in a trial that made the network news every night for weeks in the 1970s, to defending Air Wisconsin in a TSA case before the U.S. Supreme Court, Don has been and continues to be a zealous advocate for the industry that he has loved since an early age.
So, why do we do it? The better question at this point is, “how could we not?” Please reach out anytime, and just let us know how we can help.
We will see you at the negotiating table, in the boardroom, in the courtroom, or on the tarmac.
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