Editorial: Aviation in Florida

01 November 2007

Although they are all recognised leaders in the field, their practices tend to differ from firm to firm with several focusing on the commercial side, offering advice on areas such as aircraft sale and purchase, leasing and financing, alliances and joint ventures as well as airline start-ups. A number of featured practitioners, however, spend the majority of their time working on contentious liability matters, such as those arising out of major accidents, and both areas of specialisation are recognised in this chapter.

The group at Greenberg Traurig LLP is well known on the finance side of the industry and represents leasing companies, financial institutions, airlines and aviation-related businesses on a wide range of issues, encompassing the finance and leasing of engines and spare parts, airline acquisitions and finance as well as general corporate and commercial matters. The firm is one of only three to have multiple nominees in the following chapter, and in Jeffrey Tenen it possesses the most nominated individual in our research. Tenen comes recommended as “a quite exceptional finance lawyer”, and he represents both domestic and foreign carriers, leasing companies and lenders on a wide variety of finance matters. His Latin American expertise was also brought to our attention, and highlights in the region include advising the Salvadorean flag carrier, TACA International Airlines SA, on the first European Export Credit Agency-supported financing of Airbus products to the region. Fellow shareholder Kenneth Hoffman was also consistently endorsed throughout our research. His corporate finance and securities credentials complement his strong aviation practice. Highlights include acting for commercial leasing company Indigo Aviation in its acquisition by AerFi Group. He also acted as counsel to Grupo TACA in its sale of an 80 per cent interest in its maintenance subsidiary ACTS LP, a subsidiary of ACE Aviation Holdings. With two of Florida’s leading lights it is unsurprising that one prominent source was led to remark that: “The group at Greenberg Traurig are known and well-respected transactional aviation lawyers.”

Thornton Davis & Fein PA is a Miami-based “high stakes” litigation firm with a sterling reputation for aviation-related disputes. Senior partner Thompson Thornton is “vastly experienced”, according to sources. He has acted as lead counsel on a number of cases relating to aircraft accidents, mass disasters and product liability claims. Thornton is “highly respected” by sources who also noted that he’s “well received in London”. The firm’s representative clients include AIG, Gulfstream Aerospace, Goodyear, Laker Airways, Lloyd’s of London, Phoenix Aviation Managers and Spirit Airlines to name but a few. Partner Patricia Leid is similarly well regarded, particularly for products liability and aviation related litigation. Respondents to our survey also noted her expertise on employment matters: she spent a number of years with Ogden Aviation Services as director of human resources.

The two featured lawyers from Tripp Scott PA also come highly recommended for their work on the contentious side of the industry. Edward Curtis is “an excellent trial lawyer”, according to rivals, and his background as a naval aviator gives him an invaluable insight into the sector. Curtis is a professor of aviation law at Nova Southeastern University and comes recommended for his work on personal injury and wrongful death, insurance coverage and complex commercial disputes. William Cotterall accompanies Curtis in the chapter and was said to be as “young and good”. With a practice that focuses on product liability and complex commercial litigation in the aviation arena, Cotterall emerges as one of the state’s leading practitioners.

A number of firms stand out thanks to the strong showing of individual practitioners. At Harper Meyer Perez Ferrer & Hagen LLP, partner James Meyer has a “good reputation for commercial, financial and transactional matters”, according to one prominent source. Meyer’s practice extends throughout the Caribbean and he is said to be “very active in Venezuela and Colombia”. Boca Raton firm Goldstein Lapayowker LLP is also strong for sale, purchase, financing and aircraft management and partner Stewart Lapayowker drew nothing but praise. Lapayowker attracts his clients from both home and abroad, advising on issues regarding the acquisition, leasing, registration and financing of aircraft. Among other highlights, he negotiated the purchase of one of the first Boeing Business Jets and Global Express aircraft and he is recommended as “top-tier”. Robert Owens is another respected lawyer on the finance side and comes “highly recommended” by our sources. Owens spent ten years as part of Eastern Airlines’ financial and legal teams and is “an excellent transactional lawyer”. Highlights on Owens’s CV include representing the owners of an aircraft maintenance company in the purchase and finance of two fixed-base operations and an avionics business. He is also known for product liability and complex litigation, an area in which he successfully represented an aircraft engine overhauler in an action against the Peruvian Air Force for the recovery of hundreds of thousands of dollars for the overhaul of an engine.

David M McDonald at McDonald & McDonald is “excellent for insurance litigation and defence” and has “strong ties to London”, according to one prominent source. McDonald’s defence work in Federal Aviation Administration (FAA) enforcement actions was also brought to the attention of researchers. Cecile Hatfield practises at her own firm in Miami and was also consistently endorsed during our research. Hatfield focuses on litigation, insurance defence and aviation products liability and represents manufacturers, operators, insurers, pilots and maintenance facilities in actions brought by the FAA.

Cozen O’Connor is a full-service firm with 21 offices in the US and international operations in London and Toronto. The firm boasts an enviable reputation for insurance work and “excellent litigator” Rick Dunn joined the firm as Miami office managing partner in May 2006. Dunn focuses on complex business litigation with a portion of his practice dedicated to the defence of airlines and aviation component manufacturers. Barry Newman at Spohrer & Dodd PI was also consistently nominated with respondents recommending him as a “highly qualified litigator” who does “lots of plaintiff work”. The firm represents individuals and families affected by the actions of corporations or individuals and Newman has represented clients on aviation claims in Arizona, Florida, New Mexico and Connecticut as well as Saudi Arabia. One source remarked: “No list of the top aviation lawyers in Florida would be complete without him.”

John Murray practises at full-service civil litigation firm Murray Marin & Herman PA and concentrates on the defence of manufacturers, service providers, operators and insurers. Murray has strong ties to underwriters in London and has litigated cases throughout the US, Caribbean and in Argentina. Ricardo Martínez-Cid co-chairs the aviation & space law committee of the American Bar Association and is recommended as a “very strong litigator on the plaintiff side”. Martínez-Cid is a partner at trial and appellate firm Podhurst Orseck PA and has represented victims in aviation disasters such as those involving GOL Flight 1906 in Brazil, 2006; Comair Flight 5191 in Lexington, Kentucky, 2006; and Helios Airways Flight 2U522 in Cyprus, 2005. William Burd is a partner in the Miami office of Tew Cardenas LLP and another leader, according to our findings. Burd’s litigation and product liability practice was brought to the attention of researchers and his representation of carriers and manufacturers is said to be particularly strong. Sources also noted his technical background as an accident investigator, combat pilot for the US Navy and pilot for a major US airline.

Jerry Trachtman is another “strong litigator”. He practises at his own firm – the Law Offices of Jerry H Trachtman PA. A former chairman of the Florida Bar aviation law committee, Trachtman’s plaintiff practice was brought to the attention of researchers. He also represents pilots in FAA and Department of Transportation enforcement actions. Stuart Goldstein is a former counsel to the Air Line Pilots Association International and his firm, the Law Offices of Goldstein & Sordo, specialises in the representation of pilots and other FAA certificate holders before the FAA and the Department of Transport.

Carlton Fields PA is a full-service firm with more than 230 lawyers and consultants in offices throughout Florida and another office in Atlanta, Georgia. The firm comes recommended for the strength of its aviation defence practice. Shareholder Emmet Schwartzman is a “must for inclusion”, according to one prominent source and his aviation defence practice focuses on claims arising from airline disasters, labour and employment practices and insurance coverage matters. Jeffrey Ludwig at Ludwig & Associates PA has a broad aviation practice encompassing aircraft title, sales and accidents. The firm’s clients include fixed-base operators, flight schools, owners, operators and pilots as well as the foreign operators of US registered aircraft. Ludwig comes recommended as “first-rate” and has litigated cases within the state as well as abroad. Robert Leaf Feldman completes our round-up of Florida’s leading lights. Practising at his own Miami-based firm he was consistently endorsed throughout the research.

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