Air Transport Industry Group
Smith, Gambrell & Russell, LLP has one of the longest standing aviation practices in the United States, having specialized in and been widely known for its aviation law expertise since the 1920s.
The firm’s aviation practice commenced in earnest with its representation of the predecessor to Eastern Airlines in 1927. Over the years, Smith, Gambrell & Russell has greatly broadened its industry representation to include lessors, financiers, aircraft owners and other airlines in their domestic and international aircraft transactions, including direct purchases, sales and sale and leasebacks with various kinds of debt financing and leveraged and operating leases.
Smith, Gambrell & Russell currently represents, among others, AirTran Airways, Mesa Airlines, Avianca Airlines, SAM, Frontier Airlines, Aires, vivaAeroBus, OceanAir, VIPSA and Wayraperú in aircraft acquisition and financing transactions. In various specific capacities we also represent a number of other international airlines. Past airline clients have also included Continental Airlines and Western Pacific Airlines in equipment financing transactions and Meridiana SpA in aircraft acquisition transactions, and Trans World Airlines, with regard to, among other matters, financing, restructuring, and a prepackaged chapter 11 reorganization case. In addition, the Firm also represents several manufacturers of specialized aircraft and aircraft parts, including Goodrich Corporation, and we formerly represented one of the largest worldwide independent overhaulers of aircraft engines.
We also regularly represent major aircraft lessors and financiers of various types of flight equipment. Clients have included, among others, Aircastle, Bank of America, CIT Group, RPK Capital Management, Caterpillar Financial Services, Aerglobe Management Group, and TransAtlantic Aviation in connection with the acquisition, disposition, financing and leasing of various aircraft.
We are experienced in negotiating and documenting aircraft acquisitions of all types as well as all varieties of the finance and leasing of flight equipment, including, among others, sale and leasebacks, traditional leveraged leasing, operating leases, Japanese lease financings, equipment trust financings and all types of export credit enhanced and other offshore financings. Among others, we have represented various airlines in connection with many aircraft financings guaranteed by the Export-Import Bank, Coface, Hermes, ECGD, SACE, EDC and PROEX, the export credit arms of the United States, French, German, British, Italian, Canadian and Brazilian governments, respectively.
Smith, Gambrell & Russell’s experience enables the Air Transport Industry Group to offer clients cost effectiveness, industry knowledge and a credible “known quantity” in the air transport industry. Our analysis of and solution for each problem incorporates an awareness of many options and alternative structures that have resolved complex issues in the past, allowing us to react quickly to help our clients solve their problems and structure and close transactions on a favorable basis.
The firm also has wide ranging knowledge and expertise in financial restructurings and reorganizations, both in and out of court, with an emphasis on the airline industry. Our experience in this area includes bankruptcy planning for Eastern Airlines and serving as bankruptcy counsel for Trans World Airlines in a pre-pack-aged Chapter 11 reorganization, for Avianca in an exceptional case in which Avianca, a Colombian airline, reorganized under the laws of the United States, and for Skybus Airline, Inc. in its Chapter 11 liquidation case.
Howard E. Turner heads the practice group principally responsible for air transport industry projects and has been active for many years on the ABA’s Aircraft Financing Subcommittee. SGR attorney Peter B. Barlow serves as the chair of the Subcommittee having served as vice chair from 2006-2009. Numerous other partners and associates are involved in the various aspects of aircraft financing, both in practice and on the committee/lecture circuit, reflecting the depth of our commitment to the aircraft, aircraft engines and parts, acquisition, financing, sales and leasing areas.
