Editorial: Aviation in California

01 August 2007

Williams Piels is the most highly nominated of a three-strong contingent from Holland & Knight LLP. Piels was recommended to researchers for his expertise on aircraft finance and leasing, an area in which he has worked for many of the industry’s leading lessors and financial institutions. One respondent to our survey commented, “I have a lot of respect for Bill. He’s a very good aviation lawyer”, while another remarked, “he’s great to work with and gets to the point quickly.” Regarded as an “obvious choice”, Piels emerges as one of California’s leading lights. Thomas Zimmer chairs the firm’s finance group and represents equity, debt and operators on transactions relating to aircraft. Charles Coleman is rated as “a quite exceptional litigator” having handled numerous high-profile cases across a wide variety of industries including aviation. Coleman’s product liability practice was also brought to the attention of researchers and his CV includes the defence of a leading European air carrier in multidistrict litigation proceedings involving alleged “deep-vein thrombosis” claims under the Warsaw convention. He also defended a complex wrongful death claim brought by the heirs of a leading Brazilian industrialist who died as a result of a helicopter accident. Holland & Knight has more nominees in this section than any other firm.

In terms of sheer quality and market presence it is hard to look beyond the duo of Rod Margo and Frank Silane at national firm Condon & Forsyth LLP. Los Angeles based Margo received more recommendations than any other practitioner in the chapter and “has a very solid reputation, primarily in the aviation and insurance practice”, according to a pre-eminent source. Aside from a renowned insurance focus, Margo also comes recommended for his litigation and transactional credentials. Recent representative matters on which he has worked include acting as lead counsel for several air carriers relating to litigation over claims for DVT. He also represented several IATA carriers in environmental litigation concerning the application of the California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as ‘Proposition 65’. Silane manages the firm’s Los Angeles office and according to respondents has “handled lots of major litigation”. Silane is particularly well known for his knowledge relating to multi-district tort and insurance litigation and during our research one competitor remarked: “Frank’s a lovely guy and I would not hesitate to refer work to him.” 

White & Case LLP also boasts two nominees on the following pages. “First-rate” Richard Smith serves as executive partner of the firm’s Los Angeles office and was consistently endorsed during the research. One prominent source remarked, “Rick is a very capable lawyer and does a very fine job in the aviation finance and leasing field”, an area in which he has advised lessors, lessees, lenders, intermediaries and equity interests. Smith’s practice is international in scope and he also comes recommended for his knowledge relating to airline bankruptcies and workouts having acted for aircraft lessors on the United Air Lines bankruptcy. James Cairns is also recognised for his leasing and equipment finance practice on behalf of lessees, lenders, intermediaries and equity interests on transactions in the US, Canada, Jamaica, Bermuda and Switzerland, among others. Representative clients include Babcock & Brown Aircraft Management, which manages a portfolio of 219 leased commercial aircraft with a total value of $5.8 billion. 

Mendes & Mount LLP also fields two nominees and maintains an excellent reputation for work relating to the insurance industry. In Garth Aubert and James Hunt it possesses two of California’s premier practitioners. Hunt is rated as a “quite exceptional products lawyer” and among other matters he worked on the Bell Helicopter “mast bumping” cases. Garth Aubert also comes praised as an “outstanding litigator” and representative matters include defending an aircraft overhaul facility in multi-state litigation arising from the crash of a DC-8 aircraft. He is also currently representing one of the defendants in the lawsuit filed by the estate of Cory Liddle, the New York Yankees pitcher whose Cirrus aircraft crashed into a New York apartment building in October 2006. In addition, Aubert is representing a defendant in litigation arising from the February 2005 crash of a Cessna Citation 560 on approach to Pueblo, Colorado with the loss of all eight on board. 

Joe Malinowski heads the aviation finance and leasing group at Kaye Scholer LLP and is one of the most respected names in the industry. Malinowski comes recommended as “one of the very top lawyers in the field”. He has recently worked on multiple operating leases, the sale and purchase of aircraft (with or without leases attached) and general aircraft related matters. Representative clients include aircraft leasing company AWAS, which in May 2007 acquired San Francisco -based Pegasus, one of the world’s leading capital providers to airlines. He also does work for Aviation Capital Group and Boeing among others. Internationally renowned Clyde & Co LLP expanded into the Los Angeles market in June 2006 with the hire of Kevin Sutherland from Condon & Forsyth LLP. Sutherland is now based out of San Fransisco and although his work is predominantly on the contentious side of the industry he’s also starting to branch out into leasing work. Over the years he has defended airlines and manufacturers of commercial, aviation, space and military products and is currently representing British Airways and Virgin Atlantic in DVT litigation. He also worked on the 2004 crash of China Yunnan Airlines Flight 5210, a Bombardier CRJ-200, near Baotou in China, as well as the 1996 crash of Transportes Aereos Regionais’s Fokker F100 near São Paulo, to name but two. His experience in the field led one source to remark, “I have worked recently with [him] on several cases and respect him as being an excellent and ethical litigator, and a tenacious advocate for his airline clients.” 

Mitch Popham of Locke Lord Bissell & Liddell LLP’s LA office also comes recommended for his aviation products liability practice. Representative matters include acting as lead counsel on an aviation products liability insurance coverage and bad faith matter with approximately $100 million in potential exposure that reached the California Supreme Court. Shalem Massey represents Bryan Cave LLP on the following pages and was consistently endorsed to researchers. Massey joined the firm from Mendes & Mount and has litigated both national and international crash cases relating to commuter, military and general aviation. His work on behalf of airports and manufacturers of seatbelts, altimeters and other aviation related products was particularly noted. Representative matters include acting as counsel for the navigational data supplier Jeppesen Sanderson in litigation which arose out of the crash of American Airlines flight 965 to Cali in Colombia. Patrick Bailey of Santa Monica-based Bailey & Partners is another of California’s “well respected aviation products lawyers” and maintains an “excellent reputation”, according to sources. Lee Lipscomb co-founded Engstrom Lipscomb & Lack in 1974 and, as a commercial pilot and flight instructor, brings his technical knowledge to the table. Lipscomb has a broad practice and represents airlines, manufacturers, pilots, victims, survivors and other parties that have suffered loss as a result of major aviation accidents. Praised as an “extraordinary trial lawyer” he emerges from our research as one of the go-to lawyers in the state. 

Phillip J Kolczynski Law Corporation specialises in the representation of carriers, owners and industry professionals. Founding partner, and former chair the American Bar Association’s aviation litigation national institute, Phillip Kolczynski was consistently endorsed. His practice includes representing plaintiffs in litigation relating to wrongful death and personal injury. William Wimsatt of Magaña, Cathcart & McCarthy was praised as “a very good plaintiff lawyer” who “knows aviation”. Though some of his practice falls outside the aviation sphere, he has represented plaintiffs in litigation relating to accidents involving both fixed-wing aircraft and helicopters. 

Morrison & Foerster LLP features in this chapter thanks to the strong showing of James Huston in our research. Huston’s defence of airlines and manufacturers in accident and contract litigation was noted and representative clients include Alaska Airlines, Southwest Airlines and Sikorsky Aircraft. Lee Horton of Waller Lansden Dortch & Davis LLP also comes highly regarded and is the final nominee in the chapter. A Fellow of the American College of Trial Lawyers, his dispute resolution credentials were highlighted.

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