Editorial: Aviation

01 July 2006

Recent years have not been kind to the aviation industry. The International Air Transport Association reported net losses of US$3 billion in 2005/2006, but this still represents a slight financial improvement for the industry. The IATA has also warned of the effect of further significant increases in the price of oil in 2006, which contributed to a spate of air carrier bankruptcies in 2005.

Such activity, in what is a global industry, sees a continuing demand for lawyers with industry-specific expertise. The aviation bar remains prosperous. The research for this chapter identifies 296 specialists in 48 countries. The lawyers featured in this publication are considered leaders in their field and experts in one or more of the main areas of aviation law: commercial, regulatory and liability work.

THE INTERNATIONAL TOP FLIGHT

The 2005 merger between Clyde & Co and Beaumont and Son brought together two of the aviation industry’s most renowned firms. Our research identifies 15 individuals in five countries with specialists across the board, from contentious to finance. John Balfour is the firm’s most highly nominated practitioner and is once again included on our list of the practice area’s elite. Balfour is considered “leading for regulatory matters” and a “doyen of the aviation industry”. Six other Londonbased partners join him in this publication, including Maria Cetta who is known for her insurancerelated work. Two leading practitioners on the contentious side of the industry at the combined firm also make our list: David Wilcox and Catherine West. Wilcox’s strength lies in dealing with major catastrophe work and West is an authority on European, Latin American and Middle Eastern legal systems. Philip Bass bolsters the strong litigation team, which also includes the “fantastic” Timothy Brymer. Ross Williams, head of the space law department, rounds off the impressive London team. Recognised by a source as one of the “most intellectual and commercially able litigators in this field” Williams is included in the publication for the first time. Maylis Casati-Ollier from the Paris office of Clyde & Co is “very, very bright” and “knows how to get to the heart of things.”

Martyn Plaskett leads a strong contingent in the Brazilian market from the firm’s Rio de Janeiro office. Plaskett is rated as “one of the top practitioners in the area” and his contentious practice focuses on both South and North America. The “excellent” Julio Costa and Sarah Catchpole (a new addition to the list) join Plaskett in the final publication and as a team they make up one of Brazil’s leading aviation practices. Moving from Latin America to the USA, Clyde & Co has expanded its excellent aviation practice and has entered into the highly competitive US market, opening offices in Los Angeles and New York. Andrew Harakas and Diane Westwood Wilson bring their first class reputations from the New York office of Condon & Forsyth LLP. Harakas was described to researchers as “a premier aviation appellate and defence trial lawyer” and Westwood Wilson as an “international litigator of consummate skill”.

The firm is also strong in the Asia-Pacific region where the “formidable” David Clark – known for his aviation liability work – and Peng Lim in Singapore are based. Both have extensive experience in Asia, Europe, Central Africa and the Americas and Lim is recognised for her role as instructing solicitor in McDonald v Korean Air & Another, a deep vein thrombosis case. Clifford Chance LLP is another firm with a truly international dimension to its aviation practice: seven partners in five countries make it onto our list. Geoffrey White emerges as the firm’s most highly nominated individual. His financial expertise and “great breadth of knowledge” make him “one of the deans of the bar”. The strength of support for the inclusion of White ensures his place in our breakdown of the practice area’s high flyers. Clive Carpenter and William Glaister, part of a reputedly excellent finance-orientated team, join him on the London list.

In Frankfurt Rico Vanezis features for Clifford Chance. The firm also has a strong grip on the Asian market. Tokyo-based Keiji Isaji has a broad aviation practice and is one of only four practitioners we list in Japan. Fergus Evans concentrates on financial aviation matters and is the only lawyer we identify in Thailand. John Howitt rounds off Clifford Chance’s impressive showing. Howitt joined the New York office from Paul Hastings Janofsky & Walker LLP.

Freshfields Bruckhaus Deringer, another 'Magic Circle' firm, also finds seven partners from its financially-focused practice included in this edition. The London office, (five partners listed), is the aviation practice’s hub, and in Andrew Littlejohns it possesses one of the UK’s most respected practitioners. His work for banks and international insurers places him “right at the top” in the eyes of one lawyer we spoke to. Alongside Littlejohns is the “brilliant” Tim Lintott, head of the asset finance practice with a focus in aviation finance and aircraft leasing. Bob Charlton and Robert Murphy complete Freshfields’ London contingent on our list.

Dirk Schmalenbach is highlighted as “one of the key aviation finance lawyers” in Germany. Alongside Schmalenbach in Frankfurt is “finance-minded” Konrad Schott, who rejoined the firm in 1999 after working as in-house counsel in the structured finance department of Helaba. Jochen Lüdicke in Düsseldorf rounds off this top-rank team the best represented in the country.

White & Case has an impressive geographical spread – we identify aviation specialists in France, England, America and Japan. The “finance expert” Thomas McDonald is the firm’s most highly nominated individual and the most frequently nominated aviation lawyer in France. Within his “truly first-rate” financially focused practice, McDonald has particular experience in French tax leases and European export credit agency-supported finance transactions. Justin Benson in London acts in aircraft finance matters for clients, including Royal Bank of Canada and Bank of Tokyo-Mitsubishi, and was praised highly by many sources. White & Case also has a strong presence in Japan in the form of the “very knowledgeable” Robert Grondine. The USA is, however, the firm’s heartland: three White and Case lawyers make our list. The “first-rate” Richard Smith- managing partner of the Los Angeles office- is joined in the chapter by New York attorneys Michael Smith and James Hayden who were given “top marks” from many respondents.

NORTH AMERICA

The high number of expert practitioners from the US this publication underlines that market’s importance. In total 74 US lawyers appear in the following pages, more than from any other country. A great deal of activity in the market, with a number of high-profile bankruptcy filings, including some of the country’s largest carriers, including United, US Airways, Delta and Northwest, ensures there’s work for these specialists.

Pillsbury Winthrop Shaw Pittman LLP has a highly praised line-up comprising lawyers from its New York, Texas and Washington, DC offices. Pillsbury’s most frequently nominated practitioner, Payson Coleman, practises out of the New York office. Michael Schumaecker, the section leader of the firm’s national finance practice, and William Bowers, also a finance specialist, join him in the Big Apple, making it the firm’s best-represented office. One of the co-leaders of Pillsbury’s aviation, aerospace and transportation industry team is Kenneth Quinn from DC. Quinn serves as general counsel and secretary of the Flight Safety Foundation, an international, independent and not-for-profit organisation. Ranking very highly in the nominations, Quinn was particularly recommended for his litigation and regulatory practice and for his participation in the ABA Forum on Air & Space Law.

In Texas, Thad Thano Dameris leads “a strong team […] that offers repeated and positive surprises and consistently delivers the highest quality integrated legal advice with immediate understanding of how it applies in this unique field of business.” Dameris is co-leader of Pillsbury’s aviation, aerospace and transportation industry group, and his team has a new addition to the book: Bruce Oakley. Oakley, like Dameris, specialises in contentious aviation matters, and “knows how to get results”. He joined the firm in 2005 after serving for four years as a district court judge in Harris County, Texas.

Despite the high-profile departure of Thomas Whalen to Eckert Seamans Cherin & Mellott LLC and the aforementioned loss of Diane Westwood Wilson and Andrew Harakas, Condon & Forsyth LLP remains a leading firm for aviation matters in the US. The firm boasts the expertise of Rod Margo who places in our most highly nominated category thanks to his international reputation. One source noted of Margo that “there is no one better when it comes to insurance.” Frank Silane, manager of the Los Angeles office, has a practice focused on contentious aviation matters and was also consistently recommended. Turning our attention to New York – the most highly represented state in our research – we find the remaining three Condon & Forsyth practitioners. Desmond Barry and Michael Holland both received many commendations for their litigation work and the “excellent” Stephen Stegich completes this “formidable team”.

Vedder Price PC dominates the research in Chicago and its aviation practice has a clear focus on finance. Its office has more featured lawyers than any other firm in Illinois and houses its most highly nominated practitioner: Dean Gerber. According to one source, Gerber is “at the very top of the profession” and is a “legend in the field” of aircraft finance. Gerber has been involved in financings for airlines in Pakistan, the UAE, New Zealand, Chile, India and Panama as a result of his work for the Export-Import Bank of the United States. He also played a key role in the bankruptcy restructuring for United Airlines. Gerber has been involved with two other high-profile airline insolvencies, working with financiers in the Northwest Airlines and Delta Airlines bankruptcies, including MBIA Insurance Company, Bank of America and Lehman Brothers. Also in Chicago, Geoffrey Kass focuses his practice on financing, as does the “great” Joshua Gentner. The firm is recognised as “one of the best in the country” and has six individuals listed in the research. In the New York office, the emphasis continues to remain on aircraft finance work with Jeffrey Veber, the “stand out” Ronald Scheinberg and John Karesh, who make up an excellent team with a real presence in the US market.

Holland & Knight LLP has three wellrespected lawyers in this edition. Former chairman of the subcommittee on aircraft financing of the American Bar Association John Pritchard “can do it all”, but concentrates his practice on aircraft, equipment and facility finance. With a “very sharp and keen mind” and a reputation as “one of the deans of aircraft finance”, he is one of the practice area’s most highly regarded. Joining Pritchard in the following pages is Randal Robert Craft, head of the litigation practice group in the New York office and a specialist in contentious aviation matters. In San Francisco, Holland & Knight boasts William Piels, an authority in aircraft finance and leasing transactions and “an obvious choice” for such work.

Oklahoma City is home to Federal Aviation Administration Registry and is therefore an area of national importance within aviation, and as a result is home to some exceptional talent. Daugherty Fowler Peregrin Haught & Jenson has three practitioners in this edition and special FAA counsel Robert Peregrin is the top practitioner in the state, based on the number of nominations he received. He garnered a great deal of respect for being “a whirlwind of activity”. Robin Jenson has an acclaimed international practice, assisting clients as special FAA counsel in structuring and closing transactions involving the sale, registration, leasing and financing of commercial, corporate, and private aircraft and the filing of such transaction documents with the FAA Registry. The other eminent name in this top tier trio is the equally active Susan Haught, also a special FAA counsel. In reference to this team; one respondent noted that, “everyone could learn from them”.

The presence of Boeing’s Phantom Works (the company’s advanced research and development unit) and Shared Services Group in Seattle makes Washington state a key jurisdiction. The industry giant has strong links to Seattle-based Perkins Coie LLP and the two specialists we list practise with this “highly regarded outfit”, making it the go-to firm in the state. Partner Keith Gerrard is “right at the top” and is known for the 25 years he has spent working on the defence of Boeing in aviation accident cases. Thomas Mclaughlin is a former Boeing aerodynamicist and handles litigious aviation matters with “consummate skill”.

Canada is another jurisdiction with exceptional talent and our research identifies 15 individuals from as many firms. Leading the way is Donald Gray, head of the aerospace group for Cassels Brock & Blackwell LLP. Gray specialises in aircraft finance and commercial and regulatory law and is also well known for his work with the Cape Town Convention. Bruce MacDougall from Paterson MacDougall in Toronto is another “leading player” and said to be the “leader in Canadian aviation”.

EUROPE

Europe, like North America, has a highly developed aviation industry and is home to some of the key legal players. Norton Rose’s strength in Europe is emphasised by the inclusion of seven aviation practitioners, four based in London, two in France and one in Germany. Turning first to the firm's headquarters in England, where the head of the aviation group, Jeremy Edwards, and his colleague Peter Thorne are “as good as you can get” for aviation finance. Patrick Farrell adds another dimension with a dispute resolution practice, regularly advising aircraft lessors on the contentious aspects of asset finance transactions. He and Owen Mulholland really “stand out”. In France, George Paterson, the international managing partner of the Paris practice and head of its aviation team, was constantly recommended. The recent hire of Glen Matheson from Freshfields adds further strength to the Paris office. The firm’s strong suit is undoubtedly finance work and this is borne out by the presence of Ralph Springer in our Munich list, whose “good standing in the [aircraft finance] market” and in-house experience with a European asset finance company make him a valuable asset.

Norton Rose’s Singapore-based Simon Briscoe flies the flag as the firm’s most highly nominated lawyer. Indeed, the firm is known to be “very active in the region” and Briscoe “offer[s] solutions and compromises in aircraft leasing and financing deals” as part of an enviable practice. Briscoe is recognised as an international luminary at a firm with excellent strength and depth in Europe.

Barlow Lyde & Gilbert’s strength in insurance was mentioned as an added attribute by admirers of the aviation team - with particular praise for its work in in the contentious aviation arena. BLG's five “stellar” nominees in London are Nicholas Hughes, chairman of the aviation committee, and the “first-class” Giles Kavanagh, coordinator of the aerospace team. Both individuals practice in the contentious and regulatory areas. Richard Gimblett is known for his time as in-house legal adviser at the UK Civil Aviation Authority; and Jeremy Shebson, like Gimblett, works on contentious aviation issues and was constantly recommended. The recent hire of Glen Matheson from Freshfields adds further strength to the Paris Office. Neil McGilchrist is another highly experienced member of the team. The firm also features outside Europe with Peter Coles in Hong Kong.

In the UK, one niche firm asserts its authority among some much larger competition. Created in 2003, Gates and Partners basks in the success of its founder and former Beaumont’s partner, Sean Gates, who remains at the top of the most highly regarded individuals list. One source noted: “If you have negotiation then you would put him above everyone. If you need settlement, he is the man”.  He is well known for his work on aviation disaster matters, including directing the disaster management in the aftermath of the Helios Airways Boeing 737 crash outside Athens in August 2005. The “brilliant” Paul Freeman who specialises in, among other areas, aviation disaster management, insurance and regulatory issues is another distinguished nominee. The firm recently opened an office in Singapore on the back of the high-profile lateral hire of David Johnston from BLG.

Catherine Duffy sets the standard in Ireland, making A & L Goodbody “the go-to firm” in Dublin for aviation finance work. As we have already seen, Germany is well represented with practitioners from large international firms stamping their authority on the market. It is the “outstanding” Nikolai Ehlers from Ehlers Ehlers & Partner in Munich, however, who tops the table in Germany. As one of the practice area’s most highly regarded individuals, Ehlers is “phenomenal” for aircraft finance and is treasurer of the European Air Law Association. In the Netherlands, Berend Crans from De Brauw Blackstone Westbroek leads the nominations, receiving more votes than any other practitioner in his jurisdiction. As head of De Brauw’s finance practice, Crans specialises in aviation and aircraft finance and his work in this area earns him a place among the practice area’s most highly regarded individuals.

Giuseppe Guerreri received the most votes by far in Italy. “Highly regarded” by his peers for his broad practice in financial and contentious aviation matters, Guerreri is this country’s top aviation practitioner. Mannheimer Swartling Advokatbyrå leads the Swedish research. The firm claims three of the seven practitioners in our Swedish list, two of whom are new entries into this edition. Sven Unger, a specialist in contentious aviation issues, remains at the top of the Swedish list on nominations and is joined by finance professionals Jan Dernestam and André Andersson. Andersson heads the firm’s banking and insurance practice group.

SOUTH AMERICA

Brazil is the best-represented Latin American country in the research, with 11 individuals to be found on the following pages. A great deal of international interest has been generated by the bankruptcy of Varig, Brazil’s biggest international airline. Kenneth Basch’s participation in the Varig matter won him much recognition and he is the leading practitioner in this jurisdiction, receiving the most votes. Basch was also hailed by one lawyer we spoke to as a “terrific local counsel [and] top of my list in Brazil”. Another very highly regarded individual is Maria Regina Lynch from Xavier Bernardes Bragança Sociedade de Advogados. Recommended as “the first lady of Brazilian aviation”, Lynch deals with both financial and contentious aviation matters and received numerous positive endorsements. Ana Luisa Derenusson joins Lynch in this outfit and is “fantastic for international [aircraft] leasing” matters.

Argentina and Mexico both have four individuals in this edition and the leading lights from local firms shine through in the research. Elizabeth Mireya Freidenberg from Freidenberg Freidenberg & Lifsic leads in Argentina and “knows the area inside out”. Freidenberg’s Mexican counterpart, in terms of nominations, is José Raz-Guzmán from Mijares Angoitia Cortes y Fuentes SC in Mexico City. Raz- Guzmán concentrates his aviation practice on aircraft finance, representing lessors and lenders in transactions concerning both commercial and corporate aircraft in Mexico.

AUSTRALASIA

The two most frequently nominated lawyers in Australia practise at Ebsworth & Ebsworth, making it the country’s premier firm for aviation law with an “impressive liability practice”. Ian Awford upholds his “excellent reputation in the industry” and remains the country’s most highly nominated lawyer. The second feather in Ebsworth’s cap is “leading aviation liability lawyer” Simon Liddy. Recommended for his “good knowledge of aviation issues” Liddy is also a national council member of the aviation law association of Australia and New Zealand.

In New Zealand, practitioners from two of the country’s most prominent firms share the top spot. Buddle Findlay is home to Frank Porter, a “leading light” in the aircraft finance arena, and his numerous international endorsements reflect his outstanding reputation. David Mcpherson from Bell Gully is also an “expert in aircraft finance” and leasing, with an expanding domestic and international practice that has earned him a great deal of recognition. The shining recommendations that both McPherson and Porter received highlighted their leading status in the global aviation market.

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