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Why Most Private Aircraft Operators Violate the FAA's Operating Rules
According to a recent Equipment Leasing & Finance Foundation study on the business aircraft financing market, a high percentage of business aircraft operators do not comply with key provisions of Parts 91, 119 and 135 of the Federal Aviation Regulations (FARs), conducting their flight operations by and through illegal “flight department companies” in violation of these Parts of the FARs. The study also says that few, if any, of those involved these operations intend to change their ways during the study period spanning this year through 2016. See http://bit.ly/1fFEeLg.
Although financiers include provisions in loan and lease documents that the lessee or borrower must comply with applicable law, do they perform audits or at least ask questions to assure that their customers pay attention to, or strictly comply with, these FARs? Do financiers fully appreciate the potentially serious consequences for them and their customers of an enforcement action against the operator, pilots and others by the Federal Aviation Administration (FAA)?
We address these questions and related issues in this two-part article. Part One herein starts with an explanation of how operators can cross the line from Part 91 private operations into the forbidden zone of uncertificated Part 135 commercial operations. With this legal foundation in place, we then share the relevant findings obtained from the 2013 study commissioned by the Equipment Leasing & Finance Foundation. David Mayer, a co-author of this article, wrote the study, titled “From Recession to Recovery: Aircraft Transactions Build Momentum Despite Industry Challenges.” This article contains extensive material from the section of the study titled “The Flight Department Company ' The LLC Conundrum of Part 91.”
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.