Issues in Aviation Law CLE
About the Program
The second "Issues in Aviation Law" continuing legal education program is being presented by Washburn University School of Law's Centers for Excellence and the Washburn Committee on Air and Space Law in the Air Capital – Wichita, Kansas – by request of participants on Friday, May 29, 2015, from 9:30 a.m.-2:00 p.m.
Yingling Aviation will host the program in its Main Hanger located at 2010 S. Airport Road, Wichita, Kansas.
9:30 a.m. — Registration (Yingling Aviation, Main Hanger)
HIMS (Human Intervention Motivation Study) Advancements and Updates
Ron P. Pope, Ralston, Pope & Diehl, LLC
Joseph P. LoRusso, Ralston, Pope & Diehl, LLC
This follow-up to the May 2014 certificate defense presentation will take a more focused and specific look at the FAA HIMS Program. The presentation will cover the advancements and updates surrounding HIMS applicability as they relate to FAA Part 135 and Part 91 drivers. As a result of the recent ATP legislation changes, a growing number of pilots are entering into time-building aviation careers outside of the realm of the airlines. As a result, there has been an influx of pilots who, while their lives depend on their ability to fly, have not been afforded the same substance dependent treatment and administrative opportunities as their airline counterparts. The presenters will address the recent buzz over the practicalities of administering the once solely airline-based HIMS Program to the aviation industry as a whole, which has effectively created our motto, "share the sky, don't get high." This presentation will show the feasibility of applying those treatment advances, while providing a game plan to address the issues in its current administratively ambiguous state.
11:15 a.m. — Break
Deals: When the Handshake Didn't Take
Kent S. Jackson, Jackson & Wade, L.L.C.
Kali M. Hague, Jackson & Wade, L.L.C.
Economic points make a deal attractive, but carefully negotiated provisions make a handshake stick. When a deal does goes south, thoughtfully worded terms (including "boilerplate" language) encourage an uncooperative party to perform, give demand letters backbone, and aid the compliant party in reaching a timely settlement. Contract default situations occur more often than a buyer or seller may expect. The presenters will walk through deals that turned litigious and explain how crossing "t's" and dotting "i's" enabled the wronged party to prevail. Attendees are encouraged to participate during the presentation (all questions and scenarios will be hypothetical).
12:40 p.m. — Lunch (provided)
Commercial UAS Operations: Recent Developments
Christopher T. Leach, Moye White LLP
This presentation will cover recent development in the FAA’s efforts to regulate unmanned aerial systems (UAS) along with a discussion of both permitted and prohibited commercial operations. The discussion will cover the challenges would-be commercial operators face in obtaining approval as well as the process of obtaining approval.
2:00 p.m. — Break
Aircraft Finance Issues Worldwide
Laure Ice, Textron Financial Corporation
This session will cover issues faced by Textron as a captive finance company providing aircraft finance worldwide, including the application of the Capetown Convention, determining the appropriate structure (loan/lease, etc), drafting documents, and closing logistics.
3:00 p.m. — Adjourn
Kali M. Hague joined Jackson & Wade L.L.C. in 2010 and advises clients throughout the country and internationally on all aspects of business aviation law. She is co-author of the Federal Aviation Regulations Explained series and her articles are featured in Business & Commercial Aviation and Twin & Turbine. Prior to joining the Jackson & Wade, Ms. Hague worked in-house for a Part 135 charter operator.
Laura Ice is Deputy General Counsel at Textron Financial Corporation based in Wichita, Kansas. She has spent the past 17 years managing aircraft finance transactions worldwide, including drafting and negotiating documentation, retaining and directing outside counsel, determining appropriate structures and procedures, and managing workout, repossession, litigation, and bankruptcy matters. Her experience includes an overseas assignment working from the Textron office in England. Prior to joining Textron, Ms. Ice worked for 13 years as an associate and then shareholder with the Wichita law firm of Adams & Jones.
Kent S. Jackson is founder and managing partner in the law firm of Jackson & Wade, L.L.C. He is a member of the NBAA Associate Member Advisory Council, co-author of the Federal Aviation Regulations Explained series and is the legal columnist for Business & Commercial Aviation. Mr. Jackson was the founding Chairman of the NBAA Tax Committee and the Regulatory Issues Advisory Group.
Christopher T. Leach is a Partner at Moye White LLP in Denver Colorado. He is a 2003 graduate of the University of Denver Sturm College of Law, where he served as editor-in-chief of the Transportation Law Journal. Mr. Leach handles a broad spectrum of transactional aviation law as well as commercial litigation with an emphasis on business disputes within the aviation industry. His practice includes representing clients in aircraft acquisitions, ownership structuring, regulatory guidance, and airport development matters. Mr. Leach is the current Vice President of the Colorado Business Aviation Association.
Joseph P. LoRusso is a licensed attorney in practice with Ralston, Pope and Diehl and a licensed pilot. He is a 2014 Washburn Law graduate and was instrumental in forming and serving as President of the Washburn Law Committee on Air and Space Law (CASL) while in law school. The organization is dedicated to topics and opportunities in the aerospace law field and supports students in their pursuit of knowledge and experience in all aspects of aviation and space law while forging relationships with industry leaders and legal practitioners. Mr. Lorusso was involved with that group in putting together the first Washburn Law aviation CLE in 2014.
Ron P. Pope is a partner with the firm of Ralston, Pope and Diehl in Topeka, Kansas. He is a 1983 Washburn Law graduate and focuses his practice on medical malpractice, personal injury, and product liability litigation. Mr. Pope is an adjunct instructor at Washburn Law and a member of the Lawyer-Pilots Bar Association. He is a licensed commercial pilot, instrument rated commercial flight instructor, instrument flight instructor, ground school instructor, multi-engine flight instructor, and turbine flight instructor. Mr. Pope also has a Black belt in Tae Kwando.
$99 - Attorneys for CLE credit
$49 - Pilots/Non-students
$15 - Students (cost of lunch)
See registration form.
Program fee includes lunch, reporting hours of attendance to the Kansas CLE Commission, and written materials. Please pre-register at least 48 hours in advance. Seating is limited.
CLE Credit: Pending (for 5.0 CLE hours).
If you cannot attend the seminar, you may send a substitute. If you cancel your registration at least two (2) business days prior to the seminar, your registration fee will be refunded. After that date, non-attending registrants will receive the course materials. Please allow two weeks for delivery. The sponsors reserve the right to cancel this seminar and return all fees.
If you require special services or auxiliary aids to assist you while attending the event, please call Donna Vilander at (785) 670-1105.
Attendees who would like to fly in for the CLE can receive a fuel discount from Yingling Aviation:
- Avgas (100LL) - 35 cents off retail
- Jet A = 45 cents off retail
Yingling Aviation is also offering tie-downs/hangar storage. See the Yingling website, or call Dennis Simmons or Jerry Pickett at the Yingling customer service number, (316) 943-3246, with questions.
Washburn University School of Law
Continuing Legal Education
1700 SW College Ave.
Topeka, KS 66621
cle [at] washburnlaw.edu