Aviation Law

Providing Legal Aid And Representation To A Range Of Aviation Industry Stakeholders

The Calhoun Law Firm, PLC, provides legal advise and representation to aviation sector clients in transactional and dispute resolution matters.

Aviation transactional legal matters are focused on forming arrangements amongst interested parties; formalizing those arrangements in contracts or agreements; and later executing per the terms established.  Arrangements may center on commercial transactions, personnel hiring and management, intellectual property management, E-commerce, corporate structure, and enterprise operations.

Dispute resolution in aviation involves resolving problems between two or more parties. When a party violates the terms of a contract, or when a party’s wrongdoing causes damage to another party’s property or reputation, a conflict arises. Legal representation is offered during negotiations, mediation, arbitration, and litigation conducted to resolve the dispute.

Our aviation clients count on us for legal counsel and representation in matters involving:

  • Aviation Enterprise Formation
    and Structuring
  • Contracts
  • Commercial Transactions
  • Regulatory compliance
  • Employment
  • Intellectual Property
  • E-commerce
  • Dispute Resolution and Litigation
  • Crisis Management

Our Arizona Aviation attorneys advise pilots, airlines, aircraft owners, lessors, airports, maintenance facilities, and flight schools in Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Peoria, and Tempe on contractual, intellectual property, litigation, e-commerce, employment, regulatory compliance, business structuring, and crisis management matters.

Aviation Enterprise Formation and Structuring Law

We provide general business formation law advice to aviation industry clients and counsel them on aviation industry unique business formation matters.

Guidance is provided on business formation considerations common to a variety of businesses including business structure selection, business purchase, franchise purchase, succession planning, business dissolution, and resolving business formation disputes.  Additional details on these topics are provided in the practice area description of business formation.

Additionally, aviation specific business formation counseling is provided on matters that include:

  • In compliance with Part 91.501 of the Federal Aviation Regulations, structuring operations so that they permit the use of aircraft by affiliated businesses and entities through the use of dry leases, interchange agreements, and timeshare arrangements.
  • Company aircraft usage rules should describe the permitted and prohibited uses of the aircraft for corporate, personal, and political candidate purposes, as well as any SEC reporting obligations that may be applicable.
  • Co-ownership arrangements including tenancy in common, where a deceased tenant’s interest passes to heirs; and joint tenancy where a deceased tenant’s interest passes to the surviving co-owners.
  • Alternative ownership structures, such as charter management, joint-ownership, and leasing.

Aviation Contract Law

We provide general contract law advice to aviation industry clients and counsel them on aviation industry unique contract matters.

Guidance is provided on contract considerations common to a variety of businesses including contract negotiation, contract drafting, contract review, and resolving contract disputes.  Additional details on these topics are provided in the practice area description of contracts.

Additionally, aviation specific contract counseling is provided on matters that include:

  • Maintenance agreements for aircraft that detail the inspections and subsequent maintenance that will be performed by a repair facility to ensure the upkeep, repair, and serviceability of an owner’s aircraft. The agreements detail which checks are run, when they are run, and the amount of downtime that is connected with each check. The identified checks range from routine maintenance, such as inspections of wheels, brakes, and fluid levels, to more intensive maintenance, such as inspections of engines and landing gears.
  • Airport lease agreements that grant the lessee use of specific airport facilities for specific purposes such as aeronautical services, aircraft maintenance, chartered air service, maintenance, flight schools, concession facilities, private aircraft hangar, aircraft tie downs, and weather services.
  • An aircraft lease agreement made between an aircraft owner and a lessee that specifies the leased property, the terms and conditions, default remedy, and the process for terminating the lease.

Aviation Commercial Transaction Law

We provide general commercial transaction law advice to aviation industry clients and counsel them on aviation industry unique commercial transaction matters.

Guidance is provided on commercial transaction considerations common to a variety of businesses including negotiating commercial agreements, formalizing commercial agreements, executing commercial transactions, and resolving commercial transaction disputes.  Additional details on these topics are provided in the practice area description of commercial transactions.

Additionally, aviation specific commercial transaction counseling is provided on matters that include:

  • Aircraft purchase documentation including letters of intent and purchase agreements protecting your interests and reducing the risk of disputes and litigation related to failed transactions.
  • Employing a charter-management operator to take responsibility for operation of the owner’s aircraft.  This includes providing pilots, hangarage and insurance.
  • Employing a certified air-taxi operator to take responsibility for management and leasing of an owner’s aircraft to third parties.  A percentage of the generated revenue is paid to the aircraft owner.
  • Aviation project development and construction, contract drafting and administration, bid protests and disputes, and contract claims and litigation.

Aviation Regulatory Compliance Law

We provide general regulatory compliancy advice to aviation industry clients and counsel them on aviation industry unique regulatory compliance matters.

Guidance is provided on regulatory compliancy considerations common to a variety of businesses including identifying regulatory requirements, obtaining state and local permits, obtaining state and local licenses, agency administrative action defenses, and agency disciplinary action defenses.   Additional details on these topics are provided in the practice area description of regulatory compliance.

Additionally, aviation specific regulatory compliance counseling is provided on matters that include:

  • Regulations and standards imposed by the Federal Aviation Administration (FAA) that apply to the production, operation, and maintenance of aircraft.
  • Transportation Security Administration (TSA) regulations and standards covering aviation infrastructure security.
  • Regulation by the FAA governs how, when, and where operators can fly drones for leisure and commercial purposes; along with Arizona supplemental rules that are specific to Arizona drone operations.
  • Licensing and certification of air operations.

Aviation Intellectual Property Law

Securing and enforcing intellectual property rights protects your ideas.

We provide intellectual property legal counsel to pilots, airlines, aircraft owners, lessors, airports, maintenance facilities, and flight schools covering a wide range of aviation intangible assets including:

  • Trademarks identifying and distinguishing the company’s goods or services from those of a competitor. Trademarks are usually words, phrases, symbols, designs, or a combination of these that identify the aviation business’s goods, and services.
  • Copyrights protecting the enterprise’s original drawings, design details, specifications of materials, plans, and reports prepared on behalf of the enterprise.
  • Non-disclosure and non-compete agreements protecting the enterprise’s trade secret information detaining customer lists, aviation processes, marketing strategies, statistical analyses, price lists, product design information, and strategic business plans.

Aviation Employment Law

We provide general employment law advice to aviation industry clients and counsel them on aviation industry unique employment matters.

Guidance is provided on employment considerations common to a variety of businesses including employee versus independent contractor classification, non-compete agreements, non- solicitation agreements, non-disclosure agreements, employee handbooks, company policy training, and employment dispute resolution.   Additional details on these topics are provided in the practice area description of employment.

Additionally, aviation specific employment counseling is provided on matters that include:

  • Federal and state laws governing personnel classification, determination of work staff employee or independent contractor status.  Staff misclassified can result in tax penalties, wage and benefit liabilities, and legal issues.  As a rule-of-thumb independent contractors normally choose assignments, work with little or no supervision, set their own work schedule, have profit and loss accountability, and may work for others, including rivals.  Personnel not satisfying these criteria are normally classified as employees.

Aviation Internet / E-commerce Law

Aviation businesses with websites, business email accounts, or business social media accounts are participating in E-commerce.  Operating online involves inherent risks such as cyber piracy, data breaches, and trademark infringements.  We provide people involved in the aviation industry with legal counsel geared toward ensuring compliance with state and federal online advertising and consumer privacy regulations.  We assist aviation clients with domain name selection, registration, and maintenance.  We assist aviation clients with website hosting, development, and maintenance arrangements.

Aviation Dispute Resolution Law

We provide general dispute resolution advice to aviation industry clients and counsel them on aviation industry unique dispute resolution matters.

Guidance is provided on dispute resolution considerations common to a variety of businesses including negotiations, mediation, arbitration, litigation, and appeals.  Additional details on these topics are provided in the practice area description of dispute resolution and litigation.

Additionally, aviation specific dispute resolution counseling is provided on matters that include:

  • Interference with a contract for purchase of an aircraft.
  • Unauthorized usage of leased hanger space.
  • Violations of the FAA’s Hazardous Materials Transportation Regulations for the improper transport of hazardous materials.
  • Breach of fiduciary duty during purchase of an aircraft.
  • Drone in operation in dangerously close proximity to a person or property or within 500 feet horizontally or 250 feet vertically of a critical facility.
  • Aircraft owner claims for poor workmanship against a repair facility.
  • Enforcing a binding letter of intent for purchase of an aircraft.
  • Aircraft seizure or foreclosure sale.

Aviation Crisis Management

We provide general crisis management advice to aviation industry clients and counsel them on aviation industry unique crisis management matters.

Guidance is provided on crisis management considerations common to a variety of businesses including crisis recognition and characterization, crisis response system activation, and incident management.  Additional details on these topics are provided in the practice area description of crisis management.

Additionally, aviation specific crisis management counseling is provided on matters that include:

  • Investigations of aircraft accidents conducted by the National Transportation Safety Board (NTSB) from the time of initial notification to on-site fact gathering, analysis of facts, and determination of the most likely cause of the accident.
  • Investigations of aircraft accidents carried out by the Federal Aviation Administration to determine whether any regulations were broken or whether any safety issues arose.

Contacting The Calhoun Law Firm, PLC

If our capabilities match your needs, we invite you to contact us today by one of these means:

  • Call us at 877-455-6344 to evaluate our capabilities to address your situation.
  • Submit an inquiry via our Contact Us Form to brief your situation and needs.
  • Schedule a low-cost 45-minute legal Consultation via our client portal to review your situation and approaches by which your objectives can be met.

Our Arizona Aviation Attorneys are experts in handling the legal matters that Phoenix and Tucson area pilots, airlines, aircraft owners, lessors, airports, maintenance facilities, and flight schools address during the course of their daily business activities. Moreover, our Arizona Aviation Lawyers assist aviation small businesses in the Phoenix and Tucson areas with contractual, intellectual property, litigation, e-commerce, employment, regulatory compliance, business structuring, and crisis management matters. Clients from Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Peoria, and Tempe are regularly advised and represented by our firm.