Aviation Regulatory

Featured Publication:

DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations [Alert]

Jonathon Foglia and Michael Deutsch discuss the U.S. Department of Transportation's proposed changes to regulations, which would enact penalties for wheelchair mishandling, ensure safe, dignified, and prompt assistance, and improve accessibility standards for disabled passengers.

More

Cozen O’Connor’s aviation regulatory team has advised on some of the most consequential matters in the industry, including but not limited to: large airline mergers, the formation of new air carriers, the development of federal rules on aircraft safety and security, and the reorganization and management of airlines in Chapter 11 bankruptcy.

A distinguishing feature of the firm’s aviation team is its ability to work in tandem with Cozen O’Connor Public Strategies, a highly respected and skilled government affairs team based in Washington, D.C., that represents clients before all three branches of the U.S. federal government and various state bodies. Key members of the Public Strategies group have direct aviation industry experience, including a former general counsel to the U.S. Export-Import Bank and former senior staff members of key congressional committees.

Our clients include major U.S. and non-U.S. passenger and cargo airlines; airline trade associations; public charter operators; aircraft, engine, and equipment manufacturers; aircraft lessors; corporate flight departments; air travel distribution companies; advanced air mobility/air taxi and uncrewed aircraft system (drone) manufacturers and operators; air/ground express delivery companies; and logistics specialists. We also advise and represent Fortune 500 companies, banks, private individuals, private equity funds, and other investors with aviation-related operations or transactions.

Our regulatory work encompasses all applicable regulatory and legal requirements, including those administered by the U.S. Department of Transportation (DOT), the Federal Aviation Administration (FAA), the Department of Homeland Security (DHS), the Transportation Security Administration (TSA), U.S. Customs and Border Protection (CBP), the National Transportation Safety Board (NTSB), the U.S. Centers for Disease Control and Prevention (CDC), and the Antitrust Division of the Department of Justice.

Our team assists clients with a wide range of regulatory needs, from securing government approvals to advocating before policymakers and regulators in Washington, D.C., We provide our non-U.S. airline clients with a full spectrum of regulatory assistance in matters including, but not limited to: DOT foreign air carrier permits and exemptions providing traffic rights, FAA operations specifications establishing safety and operating requirements, TSA foreign air carrier security programs, DOT carrier plans to address lengthy tarmac delays at U.S. airports, DOT customer service plans, DOT requirements for accommodating persons with disabilities in air travel, NTSB/DOT plans to address the needs of families of passengers involved in air accidents, CBP agreements addressing passengers entering the United States under the Visa Waiver Program, CBP landing rights, FAA approval for wet leasing and aircraft interchange arrangements, DOT approval for codesharing arrangements and long-term wet leases, and “doing business” state registrations.

Our team also regularly advises aviation clients on antitrust matters, including those before the U.S. Department of Justice. The firm advises on economic and codesharing authority, international routes, frequencies and traffic rights, antitrust immunity, export controls and sanctions, licensing and certification, aircraft registration, taxes and fees, airport slots, rates and charges, consumer protection matters, safety and security, and compliance with standards and recommended practices adopted by the International Civil Aviation Organization.

During the coronavirus pandemic, our aviation team was actively involved in advising major U.S. and non-U.S. airlines and other aviation companies on a wide range of COVID-related issues, including those under the CARES Act.

Share on LinkedIn

Experience

Publications

Lexology Panoramic Air Transport 2025

September 02, 2024

Jonathon Foglia and Amanda Geary Losacco contributed the United States Chapter to the Lexology Panoramic Air Transport 2025 guide.

Global Governance: Goals and Lessons for AI [Microsoft]

May 17, 2024

David Heffernan and Rachel Schwartz contributed the chapter “The International Civil Aviation Organization (ICAO) “ to the Global Governance: Goals and Lessons for AI book published by Microsoft.

Expect Turbulence Ahead as State AGs and DOT Join Forces to Investigate Airlines and Travel Agencies [Alert]

April 25, 2024

Ann-Marie Luciano, Meghan Stoppel, Jonathon Foglia, and Patrick Rizzi discuss the DOT's recent announcement of an Airline Passenger Protection partnership with State AGs to empower AGs to more effectively investigate complaints and enforce state laws.

DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations [Alert]

March 05, 2024

Jonathon Foglia and Michael Deutsch discuss the U.S. Department of Transportation's proposed changes to regulations, which would enact penalties for wheelchair mishandling, ensure safe, dignified, and prompt assistance, and improve accessibility standards for disabled passengers.

Ready for Takeoff: Introducing Powered-Lift in the Next Era of Civil Aviation Innovation [The Air & Space Lawyer]

December 03, 2023

Amanda Losacco contributed an article to The Air & Space Lawyer discussing the Federal Aviation Administration's efforts to integrate powered-lift operations into the National Airspace System.

DOT Issues Rule on Aircraft Lavatory Accessibility for Passengers with Disabilities [Alert]

July 28, 2023

Jonathon Foglia, Michael Deutsch, and Rachel Schwartz discuss the DOT's new rule requiring lavatories on most single-aisle commercial aircraft operated to, from, or within the United States to be more accessible for passengers with disabilities.

Unintended Consequences: Why the Biden Administration’s Proposed Aviation Consumer Protection Initiatives Will Worsen the Air Travel Environment [The Air & Space Lawyer]

July 27, 2023

Michael Deutsch discusses the Department of Transportation’s (DOT) new proposed aviation consumer protection regulations in The Air & Space Lawyer.

CBP Proposes Changes to APIS System to Strengthen Aviation Security [Alert]

February 21, 2023

CBP looks to strengthen security by enhancing information that commercial aircraft operators must electronically transmit to CBP through its APIS.

House Passes Bill to Create NOTAM Task Force After Significant System Failure [Alert]

January 27, 2023

The task force will study how to improve the FAA’s Notice to Air Missions system after its failure caused a nationwide ground stop earlier this month.

FAA Declines to Extend COVID-19 Relief at U.S. Slot-Controlled and IATA Level 2 U.S. Airports [Alert]

November 02, 2022

The FAA will not extend its COVID-19 related relief policy for U.S. slot-controlled & FAA-designated International Air Transport Association Level 2 airports.

FAA Issues Final Rule Increasing Mandatory Flight Attendant Rest Periods [Alert]

October 14, 2022

The FAA's rule requires that flight attendants receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less.

FAA Modifies International Aviation Safety Assessment Program [Alert]

October 03, 2022

The FAA announced several key changes to its International Aviation Safety Assessment program.

DOT Issues Airline Ancillary Fee Proposal [Alert]

September 28, 2022

The U.S. DOT will consider a proposed rule to ensure that consumers have certain ancillary fee information at the time of ticket purchase.

Barriers to Entry: FAA Proposes Flight deck Physical Secondary Barriers [Alert]

August 15, 2022

The FAA proposes rule to require new aircraft be outfitted with installed physical secondary barriers to further protect the flight deck from intrusion.

DOT Issues Proposed Rule on Airline Ticket Refunds [Alert]

August 08, 2022

The Department of Transportation issued a Notice of Proposed Rulemaking, titled Airline Ticket Refunds and Consumer Protections.

DOT Issues Bill of Rights for Airline Passengers with Disabilities; New Airline Family Seating Notice [Alert]

July 12, 2022

The U.S. DOT has published a Airline Passengers with Disabilities Bill of Rights which describes the fundamental rights of air travelers with disabilities.

Airlines Applaud Lifting of COVID Testing Requirement for U.S. Arrivals [Alert]

June 23, 2022

The CDC rescinded the COVID-19 testing requirement for U.S. arriving passengers on June 15. Airlines for America welcomed the CDC's decision.

TSA Releases Five-Year Air Cargo Security Roadmap [Alert]

January 05, 2022

Rachel Welford discusses TSA's recently releases Air Cargo Security Roadmap.

U.S. Government Requires COVID-19 Vaccination for Foreign Visitors Arriving by Air; Modifies Pre-Departure Testing and Data Collection Requirements [Alert]

October 28, 2021

Jonathon Foglia and Rachel Welford discuss the president's proclamation and the CDC's orders that impose additional restrictions and documentary requirements on airlines and other air operators, passengers, and crew members to combat the spread of the virus that causes COVID-19.

Biden’s Competition EO Mandates Scrutiny of Airline Practices [Alert]

July 12, 2021

Jonathon Foglia and Rachel Welford discuss President Biden's executive order to promote competition across the U.S. economy.

TSA “Secured Packing Facility” Program Will Facilitate Compliance with New Cargo Screening Requirements [Alert]

June 22, 2021

Rachel Welford discusses the TSA's new Secured Packing Facility program designed to help ease the burden of complying with new cargo screening requirements.

DHS Again Postpones REAL ID Deadline [Alert]

April 29, 2021

Rachel Welford discusses DHS's extension of the REAL ID deadline to May 3, 2023.

U.S. Airlines, Aviation Contractors to Receive Additional $15 Billion Under American Rescue Plan Act [Alert]

March 15, 2021

Rachel Welford and Katie Sobotta discuss the American Rescue Plan Act of 2021 that provides much-needed relief to airlines for the continuation of employee wages, salaries, and benefits.

CDC Requires COVID-19 Testing of International Passenger Arrivals in the United States [Alert]

January 15, 2021

Rachel Welford and Kathryn Sobotta discuss the CDC's new notice and order requiring pre-departure negative COVID-19 tests from all U.S.-bound passengers traveling by aircraft from any foreign country.

Congress Provides Additional $15 Billion in COVID-Related Payroll Support Funding for U.S. Airlines

December 23, 2020

Congress has passed the Consolidated Appropriations Act, 2021, a comprehensive $900 billion COVID relief stimulus package and $1.4 trillion omnibus bill.

DOT Implements New Legal Paradigm for Regulating Airlines [Alert]

December 21, 2020

The U.S. Department of Transportation (DOT) recently issued new regulations codifying specific criteria for interpreting its fundamental regulatory authority under 49 U.S.C. section 41712 to prohibit airlines from engaging in “unfair or deceptive practices.”

DOT Confirms That Comfort Animals Are Not Service Animals [Alert]

December 07, 2020

David Heffernan and Rachel Welford discuss the DOT's new regulation, “Traveling by Air with Service Animals,” that substantially revises its rules governing the transportation of service animals onboard aircraft.

DOT Provides Airline Payment Flexibility for Enforcement Penalty During COVID-19 [Alert]

July 17, 2020

David Heffernan discusses the DOT's consent order against Volaris and how it may provide insights into how DOT is approaching enforcement during COVID-19.

DOT/HHS/DHS Issue Joint COVID-19 Guidance to Airlines and Airports

July 06, 2020

On July 2, 2020, the U.S. Departments of Transportation, Homeland Security, and Health and Human Services issued a joint guidance document titled “Runway to Recovery- the United States Framework for Airlines and Airports to Mitigate the Public Health Risks of Coronavirus.”

TSA Has Legal Authority to Conduct Air Passenger Temperature Screenings [Alert]

May 20, 2020

Rachel Welford discusses how and why TSA should begin temperature screenings.

DOT Issues New Guidance Regarding Airlines’ Obligation to Provide Passenger Refunds [Alert]

May 13, 2020

Rachel Welford discusses DOT's guidance for airline carriers operating flights to, from, and within in the United States on when it is necessary to offer ticketed passengers refunds.

FAA Issues Guidance for Airlines to Carry Cargo in Passenger Cabin

April 20, 2020

Rachel Welford discusses the FAA's guidance for passenger airlines contemplating using empty apace in their aircraft to transport cargo.

TSA Explores Ways to Streamline International Air Cargo Screening [Alert]

April 15, 2020

Rachel Welford discusses the TSA's RFI soliciting input from the air cargo industry regarding new international screening standards for air cargo.

DOT Offers Airlines No Relief From Ticket Refund Obligations in Light of COVID-19 Flight Disruptions [Alert]

April 07, 2020

Rachel Welford and David Heffernan discuss DOT's notice regarding "Refunds By Carriers Given the Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel" and what carriers must do to ensure their compliance.

CARES Act Suspends Air Transportation Federal Excise Tax

April 06, 2020

Steve Haas discusses the suspension of the FET and what jet cardholders and customers of on-demand charters should do.

DOT to Impose Minimum Air Service Obligations For U.S. Carriers Receiving CARES Act Financial Assistance [Alert]

March 31, 2020

David Heffernan and Rachel Welford discuss DOT's proposed parameters for implementing the authority granted it by the CARES Act to maintain scheduled air transportation to U.S. points.

DOT Clarifies its Enforcement Policy Regarding Coronavirus [Alert]

March 06, 2020

Rachel Welford discusses DOT's “Enforcement Notice Regarding Denying Boarding by Airlines of Individuals Suspected of Having Coronavirus.”

Comfort Animals are Not Service Animals: U.S. DOT to Narrow Scope of Service Animal Accommodations [Alert]

February 03, 2020

David Heffernan and Rachel Welford discuss the significant changes the DOT made to its regulations relating to the transportation of service animals by air.

In The News

Jonathon Foglia Named Fellow of the American Bar Foundation

July 19, 2023

Jonathon Foglia, a member of the firm’s Transportation and Trade Group, has been named a fellow of the American Bar Foundation.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

14 Cozen O'Connor Attorneys Named 2023 D.C. Super Lawyers and Rising Stars

May 30, 2023

Super Lawyers has named 14 Cozen O’Connor attorneys to its 2023 Washington D.C. Super Lawyers and Rising Stars lists.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 14 Cozen O'Connor Attorneys in its 2022 Legal Guide

July 11, 2022

For 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Cozen O'Connor Adds Former KMA Transportation Partner To DC Office

June 09, 2021

Jonathon Foglia was featured in an article published by Law360 that discusses his move to Cozen O'Connor.

Cozen O’Connor Enhances its Aviation Practice with the Addition of Jonathon Foglia

June 01, 2021

He brings extensive experience counseling aviation industry clients on a wide range of regulatory and commercial matters.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

Contacts

David Heffernan

Chair, Transportation & Trade

dheffernan@cozen.com

(202) 463-2537

People

Awards

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 14 Cozen O'Connor Attorneys in its 2022 Legal Guide

July 11, 2022

For 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

April 25, 2019

Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.

Related Practice Areas

Keep up-to-date with the latest news from Cozen O'Connor

Enter your City or Zip.

Probably shouldn't change this:
Sign up to receive alerts, publications, and event / webinar invites.

By submitting your contact information, you are giving Cozen O'Connor consent to contact you via email.