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Why Most Private Aircraft Operators Violate the FAA's Operating Rules
Last month, we noted that, 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. Further, few, if any, of those involved in this situation intend to change their ways during the study period spanning from now through 2016.'
We first explained how operators can cross the line from Part 91 private operations into the forbidden zone of uncertificated Part 135 commercial operations. Building on this legal foundation, we then shared 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.”
In this Part Two herein, we describe certain limited and narrow exemptions that do allow specific “commercial” aircraft operations to be conducted solely under Part 91 rather than the operator also having to fully comply with Parts 119 and 135 as well. We end with a short description of four additional risks associated with an illegal flight department company that every lawyer (and client) should know before using an SPE in a structure created to operate business aircraft in the event an operator cannot ' or does not want to ' fit into the basic rules or their exemptions as noted above.'
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.