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Aviation Plus

Clyde & Co LLP is a dynamic, global law firm that delivers legal services across our core sectors, including aviation. We are airline focussed and operate through a single global practice group, allowing us to serve our clients where and when they need us.

We have a renowned major loss, emergency response and attritional liability air carrier defence practice. In this interactive brochure we present here our wider aviation related capability in working for airlines – what we call ‘Aviation Plus’. 2

Our aviation practice in overview One Aviation Global Practice Group

Consistently top Aviation specialists in each of: Aviation Plus Aviation Liability 50+ ranked by Chambers offices & Partners and Legal Caracas Regulatory Major Loss 500 directories Edinburgh Mexico City Non-contentious Emergency Rio de Janeiro commercial Response Dubai New York Johannesburg Finance & leasing Attritional San Francisco Fleet procurement liability defence 100+ Los Angeles Hong Kong The world’s Commercial dispute Associated subrogated Aviation specialists Miami Shanghai leading firm resolution recovery Montreal Melbourne in the field of Debt recovery aviation law. Toronto Sydney

Who’s Who Legal 3

Our services

Aviation Plus Additional services

We understand the aviation industry and the needs of airlines. Members of our Aviation Plus team have many years of experience representing the airline industry in these areas of work, with several also having worked as in-house lawyers. We always endeavour to provide practical, business orientated, advice. With this combination we provide airline clients with a comprehensive range of services on a worldwide basis: we can serve you as a one-stop shop.

The principal members of our Aviation Plus team are identified here. Details of aviation related value added services that we can provide are available here. Click on the links to navigate this interactive brochure. 4

Regulatory

We advise and act for airlines in relation to all – We wrote the extensive report Brexit scenarios Click to see our experience by region aspects of aviation safety, security and economic for Business Aviation for the European Business regulation, and market access, pursuant to Aviation Association (February 2018) both international and national law. Due to the – Fabrice Pradon, is the chief editor of the French geographic spread of our team, we can and often journal aviation and space laws, Revue française provide advice on a multi-jurisdictional basis. de droit aérien et spatial, and teaches aviation law Members of our team have also written extensively at several universities in this area. For example: We also advise on competition law in the aviation – Tom Van der Wijngaart and John Balfour edit sector, alliances, mergers & acquisitions State the annual Lexology publication Getting the Deal aid rules. John Milligan wrote the main textbook Through – Air Transport in this field, European Union Competition Law in the Airline Industry. – Rob Lawson QC, has contributed to the UK chapter for the last 3 editions of The Aviation Law Review and is a past contributor to the Aviation title in Halsbury’s Laws of England – John Balfour wrote the first complete textbook on European Union air law, European Community Air Law and is a consulting editor of Shawcross and Beaumont on Air Law

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UK – Advising major airlines on EU and – Advising a major airline in relation – Advising a major non-EU airline on ASA ownership and control issues, to issues arising out of the proposed ICAO and EU rules on the equipping Key contacts and related potential restructuring, change of PRM service provider at a of aircraft with underwater locating in anticipation of Brexit major international airport, PRM service devices, liability exposure for non- UK: standards and proposed increased compliance and applicable Rob Lawson QC – Assisting with the establishment of new PRM charges enforcement measures Tom van der Wijngaart UK airlines, including obtaining of their requisite AOC, operating licence and – Advising a major airline and associated – Acting in the ground breaking case route licence. We have also advised in tour operator in relation to the sale and before the English Court of Appeal relation to the procurement of ground marketing of package holiday products concerning the admissibility of Annex handling services and of slots for and linked travel arrangements 13 air accident reports in English civil such start-ups proceedings, Rogers v. Hoyle – Advising various major airlines on – Assisting non-EU airlines in respect compliance of their conditions of – Assisting in writing reports for of their proposed commencement of carriage with EU consumer law, the European Commission on the services to and from the UK, including including in the context of enforcement development of comprehensive air advising in relation to traffic rights, proceedings threatened by the UK CAA transport agreements with non-EU foreign carrier permit requirements, under its Enterprise Act powers states in respect of traffic rights and slots, the establishment of a UK branch air safety; and on possible air transport – Advising a major Asian carrier in office and immigration issues agreements with 10 ASEAN States and respect of the regulations governing the with 6 Gulf Cooperation Council States – Acting for IATA in relation to its sale of package holidays, requirements intervention before the English Court of of the EU Package Travel Directive, – Defending prosecutions in the Crown Appeal in Gahan v. , concerning and the ATOL licensing process Court for alleged offences under the the extra-territorial reach of EU Air Navigation (Dangerous Goods) – Acting for in a case before Regulation 261/2004 Regulations the Court of Justice of the European – Acting for various international airlines Union regarding the availability and – Advising a national airline and in respect of claims brought against use of sixth freedom traffic rights Ambassador to the UK on inadvertent them for compensation for long delay, under the European Common Aviation carriage of foreign nationals cancellation and denied boarding Area Agreement intending to join terrorist groups pursuant to EU Regulation 261/2004

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Europe

France: – Assisting airlines in their relationship Spain: with consumer protection authorities Key contacts – Acting for various airlines before civil, – Representing airlines in administrative with regards to issues of compliance commercial and criminal courts for proceedings opened by the Spanish of their general conditions of carriage : compensation brought against them national enforcement body concerning and websites with the French Fabrice Pradon for compensation for long delay, issues including non-compliance with Consumer Code Grégory Laville cancellation and denied boarding the PRM Regulation, EU Regulation de la Plaigne pursuant to EU Regulation 261/2004 – Acting for airlines in cases before the 261/2004, deviations after take-off and national laws French criminal courts, including and the illegal transport of weapons Spain: resulting from an air disaster, in relation – Acting for various airlines before social – Defending airlines in cases opened Enrique Navarro to discrimination matters brought by courts in respect of claims brought by regional administrative bodies, passengers, traffic offences committed against them by their crew members including the Catalonia Consumer at an airport, threats made to aircraft Agency and the Balearic Islands – Acting for various airlines before staff by passengers, unruly passengers, Health Agency administrative courts in challenges travel agency fraud and the inadvertent to administrative fines, including in carriage of a drug smuggler – Acting for various international airlines relation to noise pollution, air traffic in respect of claims brought against – Assisting airlines to negotiate and rules infringement, illegal entry of them for compensation for long delay, settle claims brought against them a passenger into French territory, cancellation and denied boarding for compensation in all situations non-compliance with security pursuant to EU Regulation 261/2004, envisaged by contract, aviation regulations, non-compliance with including via the use of a bespoke and national laws EU Regulation 261/2004, and non- iDefend261 software tool compliance of their general conditions – Representing airlines in cases before the of carriage and websites with the criminal courts, including - inter alia French Consumer Code - cases of unruly passengers and bomb- – Advising a major EU airline on threat investigations compliance of its website and conditions of carriage with French regulations

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Americas – Acting for the airline interests in the – Assisting an international passenger – Advising LATAM airlines regarding ground breaking cases concerning airline in defending against enforcement accession to the Alliance and Key contacts Federal law Pre-emption of State action by the Transportation Security associated FFP, codeshare, contractual, common law obligations relevant to Administration for alleged security regulatory and competition issues North America: aviation safety standards, Abdullah v. breaches Jeff Ellis – Advising the holding company of Inc., airline warning – Assisting an international passenger regarding EU ownership and seat requirements, Witty v. Delta Latin America: airline in its compliance with US and control rules, and potential Airlines Inc., compliance with FAA Peter Macara regulations addressing advertising traffic rights, in respect of a potential security standards, Bavis v. UAL Corpn., practices, handling of passengers investment in an EU carrier and product liability standards, Sikkelee using wheelchairs, passengers with – Assisting in all legal v. Precision Airmotive Corpn. disabilities and passengers travelling aspects related to the commencement – Representing major US airlines in with animals of scheduled operations between civil penalty matters involving FAA – Advising in relation to a regulatory and Caracas, including investigations and fines inquiry from Ontario’s Ministry of representations before the Venezuelan – Advising a major Asian carrier in Government and Consumer Services CAA relation the compliance of its ticket regarding the contents an international – Assisting in certain notices with US Federal Regulations passenger carrier’s frequent flyer mileage program administrative procedures to avoid – Assisting a major US airline in its suspension of its commercial licence dialogue with the DOJ and FAA – Managing negotiations, back wage in Venezuela concerning the promotion of Federal violation settlements, and governmental – Defending Dutch Antilles Express law Pre-emption as the basis for compliance with the US Department Airlines before the Venezuela CAA in determination of liability of Labor on behalf of a large company relation to a revocation of its permission – Assisting a major airline in its to fly into/out of the State application for Safety Act certifications – Assisting and advising an international for various US station based airline to obtain all necessary legal security plans approval, licenses and permits, and compliance to operate at Miami International Airport cargo facilities

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MEA – Advising a UAE government department – Assisting Limited in reviewing on its aviation transport regulations and setting aside a decision by South Key contact Africa’s Air Services Licensing Council – Advising an international helicopter that it was in breach of the statutory MEA: operator with respect to its operations ownership and control provisions of Michael Nelson within South Africa’s Air Services Licensing Act – Advising on ownership and control – Assisting SA Express with making issues for commercial airlines submissions to the South African’s CAA – Advising on security clearance issues in respect of its decision to ground SA involving foreign aircraft operators and Express aircraft foreign registered aircraft in the UAE – Assisting two airlines with an – Liaising with the General Civil Aviation application for an Aircraft Maintenance Authority on the introduction of a new Organisation license and their drone/unmanned aerial system (UAS) interaction with the South Africa NCAA regulations in the UAE – Advising the Africa Development Bank and other African organisations on the Implementation of African Open Skies (Yamoussoukro Decision) – Assisting with a study into opening aviation markets with the 6 countries of the Gulf Cooperation Council – Assisting Comair Limited in its successful objection to an application for scheduled air services licenses by Operations (Pty) Ltd

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APAC – Advising a major APAC carrier on – Advising the HK Board of Airline – Advising a Macau based airline on passenger and other consumer rights Representatives and Carrier Liaison a sub-concession agreement for Key contacts issues in relation to a possible route Group on competition law issues arising government clearance to operate opening to/from South Korea from collective decisions on the pricing certain international flights Asia: of air fares, and security and fuel Peter Coles – Advising a major charter airline on – Advising a airline on surcharges Paul Freeman the commencement of all freighter the commencement of flights into operations to Hong Kong – Advising an international UK airline Mainland China Australasia: on the regulations and laws relating to – Advising APAC airlines on the – Advising large international airline Maurice Thompson marketing and selling holiday packages recovery of ground handling operations in respect of allegations of fraud in in Hong Kong, Mainland China, South in Taiwan following the collapse of the Hong Kong market Korea and Japan a Taiwanese airline – Advising an airline in Hong Kong on – Advising an international airline in – General counsel advisory work in the the introduction of close circuit TV APAC on anti-corruption laws in Hong establishment of scheduled airline cameras in passenger aircraft cabins Kong and Singapore operations (LCC and full service) for – Advising airlines in Hong Kong on World start-up airlines in the Maldives, – Supporting an international airline Health, ICAO and IATA regulations Macau and Hong Kong in APAC in cargo fuel surcharge relating to the communicable diseases competition law proceedings in – Advising a Chinese Corporation on the Australia, by providing advice on – Advising HK airlines on travel agent acquisition of a Hong Kong airline aviation and competition law issues regulations in Hong Kong, the sale of – Advising international airlines on and industry practices in Hong Kong connecting services sold with airline passenger rights in numerous countries and Singapore tickets and agency wording for sales including greater China, Japan, South of connecting services sold with – Advising airlines on the establishment Korea, Singapore, and the EU airline tickets of e-freight trading lanes.

– Advising a HK airline in respect of – Advising a major US airline on a US SEC investigation into insider Hong Kong government clearance dealing on flights of code share alliances

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Non-contentious commercial

We undertake a wide variety of non- Click to see our experience by region contentious commercial work supporting airline interests.

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UK – Drafting airline conditions of carriage, – Advising in relation to a seat sale – Developing, drafting and negotiating and advising on their compliance with agreement made between a charterer a framework agreement to govern Key contacts aviation and consumer legislation of airline flight accommodation and inter-company slot transfers within a major international tour operator a European air carrier group UK: – Advising airlines in relation to alliance Tom van der Wijngaart agreements, code share and frequent – Drafting charter broker conditions and – Advising an air carrier regarding Roger Whipp flying programmes assisting in development of web-based the operation of slots under remedies sales platform granted by the EU Commission – Assisting with the negotiation for and drafting of a proposed agreement for In relation to slot transactions: – Advising a major European airport a common ground service equipment regarding the interrelation between We have acted and advised in relation scheme for use at a major international the EU Slot Regulation and the to over 60 slot related projects of various airport domestic environmental legislation kinds, including: of its home State – Drafting parts trading terms and – Assisting with its aircraft maintenance agreements, – Advising a major European airport purchase from the administrators including long term MRO agreements regarding the implementation of ‘local of Ltd of Monarch’s rules’ under the EU slot regulation – Drafting and assisting with the entire portfolio of take-off and landing negotiation of a wet lease agreement slots at London to fill gaps in an airline’s operational – Acting for in its sale and requirements due to unexpected leaseback of its London Gatwick Airport aircraft unavailability, and advising slot portfolio in relation to necessary regulatory approval for the same – Developing and drafting an innovative tripartite structure for the disposal of – Drafting an ACMI wet lease agreement London take-off and to provide aircraft for a scheduled landing slots by two carriers, attracting helicopter service a record sale price

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Europe

France: Spain: Key contacts – Drafting airline general conditions – Reviewing commercial agreements of carriage, and advising on their related to loyalty programmes, France: compliance with aviation and promotions and the provision of Fabrice Pradon consumer legislation commercial services to airlines Grégory Laville de la – Advising on the transfer of aircraft titles – Reviewing and recommending changes Plaigne and certificates as between two airlines to General Conditions of Carriage on their merger Spain: Enrique Navarro – Assisting airlines to prepare and structure their communications with the press – Advising on the creation of an engine pool between two major airlines – Advising on fuel supply issues in relation to a major air carrier

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Americas – Reviewing and drafting air carrier – Assisting an international passenger conditions of carriage, code share carrier restructure its US workforce Key contacts and indemnification agreements and negotiating employee severance agreement – Advising a major international carrier North America: in relation to code share and connecting – Advising a major Latin America Jeff Ellis carrier relationships carrier regarding aircraft maintenance contracts Latin America: – Drafting and negotiating air charter Peter Macara and interline agreements for a – Advising and assisting a US carrier California based freight forwarder in the negotiation of a wet lease of a B737-800 aircraft to a Venezuelan airline – Assisting an international passenger carrier in negotiating commercial advertising and promotional contracts – Assisting an international passenger carrier respond to commercial activities that infringed on its trademark – Drafting an employment handbook for international passenger carrier to ensure compliance with California law

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MEA – Acting for a Middle Eastern airline on its – Drafting numerous agreements and – Handling a Middle Eastern airlines’ joint venture in relation to projects in contracts in relation to the new facilities extensive trade mark portfolio Key contact Abu Dhabi, Dubai and Ras Al Khaimah, at Dubai International Airport, Al throughout the world, including including property due diligence, Maktoum International Airport (Dubai prosecuting its core brands in over MEA: drafting and concluding leasing and World Central International Airport), 60 jurisdictions Michael Nelson ownership arrangements, and drafting and reviewing standard contracts for – Advising on the procurement of global and negotiating project development ongoing work at Concourse 3 media planning and buying contract documentation – Advising a Gulf-based international for a major international airline – Advising on the disposal of 100% of the airline on all aspects of its IT – Managing a Middle Eastern airline’s shares in three subsidiaries by ADAC procurement and licensing trade mark portfolio in over 70 to – Advising a number of airports on their jurisdictions, and providing related – Advising a KSA airline on the unique general commercial requirements – advice to the management teams on divestment and privatisation of one including a bidding and procurement brand strategy and implementation of its wholly owned service providers process, catering, facilities – Advising a national East African airline management, maintenance, security, – Acting for a number of airlines on on the restructuring of its workforce fuel supply, and franchising/retail establishment and licensing in the UAE and resulting redundancies in UAE, exploitation and Kingdom of Saudi Arabia – Advising a UAE based aviation – Advising on the operation and conglomerate on the establishment of – Advising a UAE low cost carrier on maintenance of one of the world’s airport lounge, meet and assist, and various employment matters, including largest airport baggage handling passenger chauffeur drive services in disciplinary and termination issues, systems licence agreements Bahrain and implementation of staff policies and – Advising a Middle East ground handling recoupment of staff training costs – Advising a Middle East ground handling company on strategically important provider on the purchase of an aircraft – Providing employment law training to long term airport concessions and lease cleaning business in Australia HR personnel for a national GCC airline agreements in South East Asia and the – Advising various FBOs, aircraft Middle East operators and owners on aircraft management agreements

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APAC – Advising numerous APAC airlines on – Advising an international airline on all – Advising airlines in the Maldives, codeshare agreements, ground handling legal and regulatory issues arising from Macau, Singapore, Hong Kong and Key contacts agreements, overflight agreements, the appointment of a general sales agent Taiwan on dry and wet leases, general conditions of carriage, cargo in Australia ACMI and special lift charters Asia: and AWB terms Peter Coles – Acting for airlines in relation to the – Advising a Hong Kong airline on – Advising a major European airline introduction of e-freight, use of e-AWBs emergency charters from crises Australasia: on the formation of joint venture in and processes; and also advising in Indonesia and Thailand Maurice Thompson Hong Kong for logistics operations regularly in relation to the online sale of – Advising an APAC airline on US passenger tickets and related payments – Advising APAC airlines on interline and White House charters intermodal agreements for passenger – Acting for start-up airlines in APAC services with buses, ferry and railway on a range of issues including advising companies on the hire of pilots and management, training bonds, aircraft type – Advising an airline on landing gear certification, handling of cargo and exchange agreements with a MRO and marketing – Advising a Middle East airline in respect – Advising airlines in relation to foreign of extra territorial tourism law in the direct investment decisions in Hong PRC and contracts with travel agents Kong, Mainland China, the Maldives, and tour operators Philippines, Singapore, Taiwan and the – Advising a Hong Kong airline group US, including due diligence, ownership on block space agreements with tour and control, structures, insurance and operators and travel agents acquisitions – Advising on the restricting of joint – Advising airlines on GDPR compliance, ventures of a major APAC carriers including drafting new policies for data within Asia privacy, processing, transfers and data protection officers

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Finance & leasing

We provide advice in relation to all types – Airfinance Journal 2018 Islamic Financing Deal of the Click to see our experience of financing and leasing: export credit; Year – acting for Al Ahli Bank of Kuwait, First commercial; finance lease; tax-driven Abu Dhabi Bank and Noor Bank on an unsecured revolving $800 million credit facility with Dubai leases; pre-delivery finance; AFIC and Aerospace Enterprise Balthazar supported; operating lease; wet lease; and charters. – Aviation Finance Law Firm of the Year, Airline Economics conference, Dublin, 2016 Our standing in this area has been recognised by Members of our team regularly write on this topic: numerous awards, including recently: – Mark Bisset is the editor of the annual Lexology – Airline Economics 2018 Lease Deal of the Year. Acting publication Getting the Deal Through – Aviation for Turkish Airlines on CACIBarranged French Finance and Leasing tax lease financing of a 777-F aircraft with an ICBC put option – Roger Whipp was the editor of Aviation Finance: A Global Guide From Practical Law (2016) – Global Transport Finance 2018 Aircraft Tax Lease of the Year – acting for on AFIC- – Grégory Laville de la Plaigne, wrote the chapter supported French tax lease financing of a Boeing on Registration and Deregistration of Aircraft in 737-MAX-8 aircraft and a Boeing 787-9 aircraft Le droit du financement des aéronefs, 1st edn. (ed. Vincent Correia & Cyril-Igor Grigorieff, 2017) – Airfinance Journal 2018 Operating Lease Deal of the Year – acting for airBaltic on the sale and leaseback of two A220-300 aircraft with FPG Amentum

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– Acting for airBaltic in relation to the first – Advising a major airline on the sale and Export Development Canada financing leaseback of 6 Boeing B787-8 aircraft Key contacts for the C Series 300 aircraft (now A220- – Advising a major airline on the 300), and multiple sale and leasebacks Mark Bisset financing of 5 737-Max8 aircraft under including with CMB Leasing and Avation Roger Whipp AFIC insurance and with an Italian Tax Michael Nelson – Acting for Turkish Airlines in multiple Lease structure financing transactions, including: – Representing a start-up airline in Asia the French tax-optimised leasing and on the pre-delivery payment financing financing of 8 A321 & A330 of 5 Airbus A320 aircraft with an aircraft; the finance leasing of 2 Boeing international operating lessor B737 aircraft with a leading Chinese bank; the sale and leaseback of 16 Airbus and – Acting for Royal Air Maroc on AFIC- Boeing aircraft; the carrier’s first AFIC supported French tax lease financing supported transaction; and the carrier’s of a Boeing B737-MAX-8 aircraft and a first Balthazar supported transaction Boeing B787-9 aircraft (which was also the first Balthazar – Acting for an Asian aircraft lessor on the transaction in the aviation market) leasing of two Airbus H125 helicopters – Acting for UK in relation to into India the leasing of its Airbus A320 and A321 – Representing in respect aircraft of lease novations – Acting for in relation to the – Representing Airlines delivery financing for 6 Airbus A320 in the financing and delivery of 2 Boeing aircraft and the leasing of 6 Airbus B787-8 aircraft A321neo aircraft – Advising Alitalia on aspects of its fleet – Advising on the sale and restructuring following entering into leaseback of 2 Boeing B777 aircraft, administration and the sale and leaseback of 7 Airbus A320 aircraft

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Fleet procurement

We regularly advise airline clients on We also have relatively unique experience in Click to see our experience fleet procurement programmes, including engine OEM flying hour support arrangements engine manufacturer, spare engine, and special guarantees, including fuel guarantees. products, power-by-the hour and total care We have extensive aircraft and parts trading agreements, spare engines, and trading of experience, acting on numerous aircraft and pre-owned aircraft. aircraft equipment sale and purchase transactions.

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– Acting for airBaltic in relation to – Representing on an – Advising on the purchase of up to 50 C Series A330neo fleet order with Airbus and the Total Care Agreement and Product Key contacts 300 aircraft (now Airbus A220-300), engine support arrangements with Agreement with Rolls-Royce to support including the first delivery as launch Rolls-Royce its Airbus A380 fleet Mark Bisset customer of this new aircraft type Roger Whipp – Acting for Hawaiian Airlines on – Advising Hawaiian Airlines on the GTA Michael Nelson – Advising on its warranties, special guaranties and and flight hour maintenance agreement purchase order for 20 A320neo and 10 maintenance support of Pratt & Witney with GE to support an order for GEnx A321neo aircraft, as well as related GTF engines selected for its Airbus powered Boeing 787-9 aircraft aircraft and engine options A321neo fleet – Advising an African carrier on the Total – Advising on its purchase of 80 – Advising on rights, obligations and Care Agreement with Rolls-Royce to Airbus A320neo, including its engine liabilities under aircraft sale and support an order for -900 procurement from and maintenance purchase agreements aircraft with CFM – Advising a Korean start-up low cost – Advising a South American low cost – Advising British Airways in connection carrier on the acquisition of 8 Airbus carrier on the GTA and maintenance with the Total Care maintenance A320 aircraft and procurement of support agreement with CFM to support support agreements with Rolls-Royce engines from CFM an order for Airbus A320 and A320neo that support the Trent engines on its aircraft – Acting for a Middle Eastern low cost Boeing B787 and Airbus A380 fleets carrier on its acquisition of up to 50 – Acting for easyJet on the warranties, Boeing B737 Max aircraft special guaranties and maintenance – Acting for AerFin on the purchase support of CFM LEAP engines selected from Saudia of 15 Embraer E170-100LR for its Airbus A320neo fleet aircraft, and numerous other aircraft trading projects

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Commercial dispute resolution

Clyde & Co is one of the largest dispute Our ability to call upon our Aviation Plus Click to see our experience by region resolution firms in the world. This means experience, especially our team’s expertise in that we can handle most, if not all, Finance & Leasing and Regulatory, often allows us to give added value and insight when dealing commercial disputes in which an airline with aviation related disputes. gets involved, wherever it may be, and whether it involves court proceedings, The firm also has wider capabilities in relation arbitration or mediation. to General disputes.

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UK – Acting for the parent company of Alitalia – Acting for an airline in an ICC – Advising a major airline in relation in its successful defence in the English arbitration concerning a multi- to the application of a major UK Key contacts Commercial Court of a USD 260 million million dollar claim for the return airport’s terms and conditions of damages claim for alleged repudiation of of maintenance reserves paid under use, and their effect in relation to Aviation related work: a contract for the lease of 13 Airbus A320 a long term maintenance agreement a potentially substantial claim for Rob Lawson QC family aircraft interrupted by the imposition of economic loss caused by a temporary Patrick Slomski sanctions closure of that airport – Acting for in its General disputes: USD50 million+ product liability claim – Acting for Pakistan International – Advising a major international airline Chris Burdett against manufacturers in the English Airlines in its English Commercial in respect of rights, and consequences, Commercial Court for fire damage done Court dispute with members of the of termination of a ground handling to one of its Boeing B787 Dreamliner Association of Pakistan Travel Agents agreement for services at a major aircraft whilst parked at Heathrow concerning their remuneration UK airport Airport in 2015 entitlement and termination of their agency – Acting for Tarom in its dispute with Jet2.Com in the English Commercial – Advising airlines on termination Court and Court of Appeal concerning rights in respect of aircraft purchase the alleged renunciation of an aircraft agreements, IFE supply agreements maintenance and servicing agreement and ground handling agreements – Acting for in its defence – Acting for an airline in obtaining a in the English Commercial Court of a settlement via mediation with a ground claim by Eagle Leasing asserting a right handling service provider in respect of to terminate an agreement for the sale damage to its aircraft sustained during and purchase of 6 Boeing B747 aircraft the course of cleaning by agents of (valued at USD 180 million) due to that service provider alleged multiple defects in the condition of the aircraft

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Europe Americas

France: Spain: North America: Key contacts – Acting for a major EU airline in an – Acting for a major airline in Spain – Defending a global aviation ground ICC arbitration (in Paris) in a multi- in respect of an International ICC handling company against multiple France: million dollar product liability claim arbitration concerning alleged breaches employment class action suits Fabrice Pradon against an aircraft manufacturer in of a maintenance contract in California Grégory Laville de la respect of damage to a commercial Plaigne passenger aircraft caused by a landing gear collapse Spain: – Acting for a foreign airline in a claim Enrique Navarro brought against it by an aircraft manufacturer in relation to indemnity North America: provisions of sales contracts Kevin Sutherland

– Acting for a French airline in a Latin America: multi-jurisdictional commercial dispute Peter Macara concerning a wet lease agreement, where one of the parties was subject to insolvency proceedings in the UK – Representing a major international airline in a commercial dispute with a hotel in Paris – Acting for an airline in a dispute with a MRO concerning non-payment of services

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MEA APAC – Representing a government entity in – Advising a large Saudi corporate in – Acting for a major Asian carrier in defending a USD 1 billion claim from relation to the repossession of an challenging performance warranties Key contacts a contractor arising from the finishes, aircraft and claims under the financing in respect of engine and airframe systems and mechanical and electrical documents by a major European bank contracts MEA: works at the Gulf Cooperation Council’s Michael Nelson – Advising a Middle East low cost carrier – Advising an APAC airline charter busiest airport on a dispute over the return of leased company on the recovery of damages Asia: – Advising a Saudi low cost carrier on aircraft arising from the breach of a marketing Peter Coles a dispute surrounding the wet leasing agreement with a Mainland Chinese of aircraft tour operator. Proceedings in HK Australasia: – Advising on a successful DIAC – Advising a Hong Kong airline on the Maurice Thompson arbitration, representing a specialist recovery of damages from the HK system subcontractor claiming USD 77.5 airport after aerobridge collapse million in respect of substantial works damaged an aircraft and caused injuries performed at Concourse 2, Terminal 3, – Advising a Hong Kong airline on Dubai International Airport the recovery of damages following – Acting for a Middle East airline in excrement damage to hull of a Boeing relation to disputes over delivery 747-400F after a cattle charter conditions in connection with the sale – Advising a Chinese airline in respect of and purchase of two Bombardier Learjet damage to an aircraft engine in respect aircraft of damage done to an aircraft engine during the performance of a ‘Water Arch Ceremony’ in China

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Debt recovery

We have many years’ experience acting We also have wide experience in debt recovery Click to see our experience as counsel for IATA, including its member actions (including asset seizures and bankruptcy airlines, against major clearing banks over proceedings), across multiple jurisdictions including the UK, France, Spain, , Moldova, liability to account for trust monies arising Ukraine, Russia, Afghanistan, Bahrain, Dubai, UAE, from ticket sales, as well as for related debt Hong Kong, Mainland China, Philippines, Taiwan, recovery actions, and asset tracing, against Thailand and the US. defaulting travel agents. We offer a no win, no fee service for aviation debt recovery in Mainland China. Further details are available here. We have also recently begun to work in conjunction with a pioneering provider of dispute finance (i.e. third party funding), in relation to work of this nature. This has included closing a Corporate Portfolio Deal with an aviation client, which is the largest Corporate Portfolio Deal in the history of disputes funding. Further details are available from Ben Knowles and shortly also on our website.

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– Acting for 71 IATA member airlines in – Acting for IATA member airlines before a potential multi-million pound fraud French commercial and criminal courts Key contacts by a travel agent, including working on fraud and debt recovery actions alongside the City of London Police UK: – Advising a UAE airline on the recovery Fraud Squad Chris Burdett of unpaid lease rental payments Tom van der Wijngaart – Advising a major airline in relation – Representing a European carrier in to recovery of debts due to the respect of an attempted seizure of France: fraudulent activity of one of its one of its aircraft in England to meet Fabrice Pradon sales agents in France judgment debts under Regulation (EC) Grégory Laville de la – Assisting with the recovery of a debt 261/2004 Plaigne owed in Spain as between two airline – Acting for major MRO in English Spain: – Advising airlines in Hong Kong on the Mercantile Court debt recovery Enrique Navarro recovery of pilot training expenses proceedings against European following the breach of training bonds charter operator North America: – Advising a Middle East airline on the Kevin Sutherland recovery of freight charges from a Hong Kong and Guangzhou based Latin America: GSA, including forced bankruptcy Peter Macara proceedings in Hong Kong MEA: – Assisting a European airline with Michael Nelson a recovery in France in respect of non-payment of invoices for the Asia: maintenance of aircraft Peter Coles

Australasia: Maurice Thompson

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Principal members of our Aviation Plus team UK

Lazar Vrbaski Associate +44 (0) 20 7876 6722 [email protected]

Inês Afonso Mousinho Lawyer +44 (0) 20 7876 4401 [email protected]

Natasha Mehta Associate, Aviation Finance +44 (0) 20 7876 6124 [email protected]

Jess Harman Associate +44 (0) 20 7876 4339 [email protected]

Nourchene Cherif Associate +44 (0) 20 7876 6104 Click on a name to see their biography [email protected] and aviation experience.

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Europe MEA

Paris Madrid Dubai

Ajai Ramakrishnan Senior Associate +97 1 4384 4144 [email protected]

Johannesburg

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North America Latin America

New York San Francisco/Los Angeles Rio de Janiero

Mexico City

Miami

Caracas

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Asia

Hong Kong Singapore Shanghai

Australasia

Julie Marchese Legal Manager +852 2287 2866 [email protected]

Hui Yain Yeo Legal Assistant +65 6240 6135 [email protected]

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Value added services

We offer a number of value added services As a firm, we hold over 100 client seminars each to our clients. year, covering a wide variety of topics and covering all aspects of contentious and non-contentious We frequently deliver tailored training law. These include a regular series of aviation seminars to our clients, on topics of related talks held in our London offices, as well interest/relevant to their needs. as an annual two day Air Law Workshop held in conjunction with the Institute of Air & Space Law, Clients can sign-up to receive our quarterly Leiden University, to which our clients are invited. Aviation Newsletter and legal updates on Every other year we hold a major international relevant industry topics, as well as our conference on aviation law in London – the If you would like more details in relation Daily Aviation Bulletin. Beaumont Conference – to which our clients to the above, or wish to attend any of these are invited. events, please contact Elaine Middleton at [email protected]. Members of our aviation practice also speak regularly at international aviation events, such as the IATA Legal Symposium, IATA RIM events, the Willis Towers Watson Aviation Conference, the European Air Law Association’s Annual Conference, ATLA’s Aviation Law Americas Conference and the ALAANZ Annual Conference.

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Corporate

We are a powerhouse for Corporate and Click to see our experience M&A work, particularly across the MENA region in the aviation sector. We have the largest corporate practice of any international firm in the region with 20 partners and 70 lawyers. Our corporate lawyers have assisted clients in realising their investments, gaining access to new markets through organic growth/strategic acquisitions and in achieving their corporate objectives for more than 25 years.

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Experience includes: – Acting for management on the drafting and concluding leasing and – Acted for airports including Brighton Key contacts acquisition of Flight Support Limited, ownership arrangements and drafting City Airport, Cornwall Airport MEA: a ground-handling business, at Liverpool, and negotiating project development and Southend Airport on various Abdulaziz Al-Bosaily Manchester and Isle of Man airports documentation commercial matters Jonathan Silver – Advising an airline on aircraft – Advising on the disposal of 100% of the – Acted on the sale of aviation services procurement, from drafting responses shares in three subsidiaries by ADAC business UK: to manufacturers for proposals, to Etihad Airways Nick Purnell – Acted for Alpha LSG (aviation catering) sourcing and acquisition of aircraft, Victoria Green – Advising a KSA airline on the unique on various corporate and commercial drafting specifications on the fitting divestment and privatisation of one of matters out of aircraft, delivery issues, taking its wholly owned service providers delivery of the aircraft, and advising – Acted for Aveillant (now part of Thales) on contracts with providers of – Advising a UAE based aviation on provision of radar mitigation scheme maintenance services to the aircraft conglomerate on the establishment of to East Midlands Airport airport lounge, meet and assist, and – Advising a business jet operator on a – Acted in relation to the provision of passenger chauffeur drive services in change of structure and joint venture services for Bahrain and India and general commercial operations in – Acted for Vivo Energy on various – Acting for a number of airlines on the Kingdom aviation fuel supply agreements establishment and licensing in the UAE – Advising Aerospace Jet on general – Acting on a variety of transactional – Advising Middle East Propulsion corporate and regulatory advisory and commercial contracts, including Company (MEPC) in the Kingdom on services. We also carried out a sale and purchase agreements for both maintenance contracts and government review and amendment of MOUs and aircraft and engines; engine leasing tenders Intermediary Agreement agreements; teardown contracts; agency – Acting for a Middle Eastern airline on its – Advising LOT Polish Airlines on agreements; warehousing, consignment joint venture in relation to projects in Amadeus IT Services Agreement and distribution agreements; power by the hour contracts; and general supply, Abu Dhabi, Dubai and Ras Al Khaimah, – Advising on IT Services repair and service agreements including property due diligence, Agreement

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Employment, immigration & pensions

Our team advise on all aspects We also have dedicated pensions and immigration Click to see our experience of employment law including the teams, providing a unified solution on issues such implications of TUPE, drafting as the restructuring of pensions arrangements or discrimination which can create both significant employment contracts and company employment law and pensions issues. policies, working hours and leave entitlements, union-related issues, We offer clients a global service with leading practices in the UK, the Middle East, Hong Kong, the operation of a shift pattern, Singapore and Australia. In jurisdictions where flexible work patterns and temporary we do not have a direct presence, through our work arrangements in compliance with relationships with leading employment law immigration and labour regulations. practices as part of our membership of L&E We have experience advising airlines, Global we have a truly global offering. aircraft and rotor-wing operators, crew resource agencies and ground handling companies on a number of employment related matters.

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Experience includes: – Advising on all its – Advising on UK pensions law applicable – Advising Gama Aviation on employee Key contacts HR matters from TUPE issues on to a cross-border multi-employer relations issues, employee exit and UK: outsourcing of ground staff; relocation pension scheme in the airline sector termination, drafting employment Nick Elwell-Sutton from Baker Street to Heathrow; contracts and handbooks – Advising a UK airline on its contract Charles Urquhart recovering training costs and numerous with a major employee benefits – Advising on terms of engagement of Heidi Watson employee relations issues consultancy for the management of its senior representatives (as employees – Acted for a private jet rental company UK pension arrangements and consultants) and pilot training MEA: and its 2 directors in relation to a £ bonds Sara Khoja – Advising Kenya Airways on employee multi-million high court claim against terminations in – Defended airlines and ground handlers them for breach of fiduciary duty and Hong Kong: from health and safety investigations diverting business opportunities – Advising on various employee Simon McConnell and prosecutions concerning acts/ issues, the application of federal law Peter Coles – Acting for an international airline in omissions of employees, statutory and emirate law, drafting polices and Tribunal proceedings involving unfair employee compensation and excess contracts for all levels of staff, advising dismissal, bullying, long term sickness common law personal injury and fatal on health and safety issues absence and discrimination damages claims – Advising ExecuJet on crew secondments – Advising a commercial airline on TUPE – Extraction of pilots from Hong Kong to a client and the application of issues arising out of the outsourcing of custody following alleged misconduct local law in UAE and Oman; drafting its UK sales team employee secondments agreements, – Represented companies in alleged – Advising on the closure of a defined contracts and commercial agreement breach of employment contract terms benefit pension scheme for UK staff of with the client a – Advising on managing – Advising an overseas flag carrier airline employee relations issues, employee on an ill health early retirement dispute terminations, and secondment of with a member employees to TSAs

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Real estate

We act for a range of airlines and service Click to see our experience providers on departures and arrivals lounges, ticket desks and ramp leases, leases of crew rooms and management and letting of administration offices. We understand that, whilst property isn’t your core business, your property portfolio is likely to be one of your most expensive assets, after your fleet of aircraft. Therefore we fully understand the importance of not only managing portfolios and premises, but also making them work commercially.

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Real estate experience includes: – Acting for a Middle Eastern airline Key contacts regarding their lease and fit out Daniel Keys agreements for the redevelopment and extension of an existing VIP lounge extension at Terminal 3, Heathrow Airport – Acting for a major logistics company on a licence agreement for large warehouse and chiller facilities- licence fee GBP 55,000 per month – Acting for a continuous licensed airport on forfeiture advice

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Planning experience includes: – Advising Peel Airports in: (i) securing – Securing planning permission, on order with the CAA pursuant to the Key contacts planning permission following a lengthy behalf of the airport owner, for a new Civil Aviation Act to secure rights Ian Ginbey call-in inquiry for the comprehensive passenger terminal at Coventry Airport, over third party land required for the Stephen Webb redevelopment of RAF Finningley, which included 2 lengthy back-to-back installation of new approach lights; Brian Greenwood which is now operating as Robin public inquiries (including the longest (v) advising in connection with night Hood Airport Doncaster Sheffield; (ii) enforcement inquiry on record) and in flight restrictions; (vi) securing various promoting an airspace change proposal the face of a substantial objection from compromise agreements with wind and addressing the CAA’s concerns Birmingham Airport about potential farm operators in the vicinity of the regarding a post-implementation airspace conflict; Airport; and (vii) preparing new bye- review, in each case at RHADS; (iii) laws; and – Advising the owner of London Southend securing planning permission for a Airport in: (i) securing planning – Advising Newquay Cornwall Airport on new passenger terminal and related permission for a runway extension various planning-related matters. employment/residential development following completion of a complex at Durham Tees Valley Airport; (iv) Section 106 Agreement, including objecting (and, ultimately, securing successfully defending a claim for a compromise agreement with a judicial review in the Court of Appeal; helicopter operator) proposing a new (ii) securing a faculty from the Diocese operation close to Durham Tees Valley and a road closure order (following a Airport; and (v) advising in connection further inquiry) to facilitate the runway with the master plan for Liverpool John extension; (iii) promoting a compulsory Lennon Airport; purchase order; (iv) promoting an

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General disputes

The firm has the largest dispute resolution Our group has three key elements: proven Click to see our experience practice of any UK law firm and with our disputes expertise, deep sector understanding international spread we are specialists and global capability. Recognised as ‘pre-eminent’ and ‘elite’ by the directories, we take a practical, in alternative dispute resolution and commercially-minded approach to resolving international arbitration in both developed disputes across the full range of sectors. We forum and emerging market centres. understand the different ways a dispute can be Our dispute resolution team includes over resolved, and are flexible enough to respond to 400 litigators worldwide and more than 70 the idiosyncrasies of each dispute and our client’s partners who are international arbitration needs as they develop. As a result of our close specialists with considerable experience sector alignment, resolving disputes is in our DNA, and we stand out as one of the leading practices in large scale disputes in all of the major in the market. international arbitration hubs. We have a central position in the aviation market with a long tradition of representing major airports, carriers and ground handling agents in respect of liability and advisory matters.

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Our UK and European operations have been the Arbitration Key contacts foundation from which the firm has expanded Experience includes: and this region includes some of the most long- Ben Knowles established Clyde & Co offices. With 10 offices – Acting for an offshore firm in a USD 1 billion in the UK including our London head office and plus LMAA arbitration against a South American offices in Paris, Nantes, Dusseldorf, Hamburg, state owned company for breach of contract and and Madrid, we have over 700 lawyers widely expropriation of assets recognised for their expertise across all practice – Prevailing in a London arbitration where the areas. This capability can also access an extensive Panel ruled under New York law, the insured was network of European based counsel with whom not entitled to any coverage with respect to its we have trusted working relationships. $200 million claim arising out of its manufacture We protect client interests during litigation in and sale of allegedly defective pacemakers the courts, whilst always being mindful of the – Acting for a major subcontractor in a Supreme potential economic and publicity benefit in Court of Victoria proceeding involving AED 330 achieving early resolution where necessary. million in claims arising from the employer’s termination of the main contractor to the Minerva coal mine project – Represented Petrobras in an UNCITRAL arbitration emanating from a joint venture agreement for the construction and operation of a power generation facility

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Commercial litigation Key contacts Experience includes:

– Representing one of the largest airline – Acting for Singapore-based marine Chris Burdett manufacturers in a class action involving manufacturing client in claims against former multiple jurisdictions and product liability employees for setting up competing business in Malaysia, siphoning business and conspiring to – Defending 38 law firms sued in a third party disrupt business by unsettling the workforce claim to a CAD 750 million class action suit by Canadian dealerships alleging violation of – Advising a UAE-based investment fund on a post- various Canadian franchise acts by an auto acquisition dispute with a vendor and current manufacturer and violation of duty of care by anchor tenant relating to the maintenance of a major Canadian law firm a large commercial office building in – Representing the Australian arm of a multi- national catering company in connection with an alleged listeria contamination, involving an indemnity claim by the carrier in respect of 180 plus claims pursued in Australia, and an investigation into the downstream supply chain – Defending a class action suit of CAD 370 million alleging conspiracy in price fixing of oil and gas in the Province of Quebec in violation of the Quebec Civil Code and Competition Act

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Insolvency

Given the ease with which companies Click to see our experience can now invest in and interact with other jurisdictions, and how swiftly and easily funds can be transferred around the world, a significant number of insolvencies involve cross-border issues. We act on both contentious and non-contentious matters, including those involving fraud, across a wide range of sectors. We understand our clients’ needs and offer a down to earth approach, with on- going support at every stage of the process. We advise on administrations and CVAs; both formal and informal procedures including; all forms of receivership and liquidation; Insolvency Act claims; trading claims and fraud; directors’ duties; solvent and insolvent restructurings.

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Experience includes: – Advising British Airways on all – Acting for the administrators of a – Acting for IATA in relation to the Key contacts insolvency related issues arising out of GBP 70 million turnover aviation proposed voluntary liquidation of a Duncan Lockhart their purchase of the entire portfolio recruitment business in effecting a pre- number of ticketing agents involved Andrew Ramsden of take-off and landing slots at London packaged sale of its business and assets in frauds against IATA (and others). Gatwick, formerly held by Monarch The agents placed themselves into – Acting for a French airline, in relation (now in administration). The slots creditor’s voluntary liquidation. As part to the proposed voluntary liquidation were sold by the administrators and of this instruction, we attended various of one of their ticketing agents. We also represented the largest asset of the virtual creditors’ meetings on behalf of advised in relation to the airline’s claim administration estate IATA in their capacity as a creditor in the in the insolvent estate, pursuant to the insolvent estates, in order to ensure the – Acting for British Airways in relation to provisions of a wet lease agreement appointment of liquidators approved by issues arising out of the administration brokered by the agent and entered into IATA to investigate the frauds and seek of one of their critical suppliers. between the client airline, the agent to realise assets into the insolvent estates This involved negotiating with the and other airlines. This included advice administrators in order to protect BA’s in relation to the nature of the deposit interests, without being held to ransom provided on inception of the wet lease by the supplier. With the support of agreement and whether our client’s BA, the administrators were able to claim in relation to the deposit would continue trading the business, until be treated as a secured claim in the such a time as a sale of the supplier’s insolvent estate business and assets could be achieved

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Intellectual Property

The protection of intellectual property Click to see our experience rights not only provides a solid foundation for a company’s future development, but is also an effective defence against increasing competition in both local and international markets. Our specialist IP team advises on the full range of contentious and non-contentious IP related matters, assisting clients with the protection, enforcement and exploitation of patents, trademarks, copyright, designs, know-how and trade secrets in the Middle East, the UK and around the world.

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Experience includes: – Advising an African airline on the – Advising a UAE-based manufacturer Key contact IP aspects of a purchase of a fleet regarding trade mark infringement Rob Deans of aircraft from Airbus proceedings in the UAE and in relation to bifurcated patent proceedings in – Advising a major GCC airline on IP Germany (a patent infringement claim ownership dispute over the design against our client and related invalidity and patents of a revolutionary seating proceedings brought by our client). concept. Preparing new patent Our advice also extended to potential filing strategies and advising on patent litigation in the UK in relation related freedom to operate searches. to the same product, and strategies for Undertaking IP due diligence and our client to “clear the way” to enter the advising on commercialisation of IP UK market – Handling a Middle Eastern airlines’ – Managing a global hotel groups extensive trade mark portfolio globally, trade mark portfolio in 35 countries, including protecting its core brands in and providing related advice to the over 60 jurisdictions management teams on brand strategy and implementation

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Sanctions

Understanding the risks surrounding trade Many companies operate in or around challenging Click to see our experience sanctions is essential for organisations jurisdictions and this can make them liable to involved in transportation. We are sanctions legislation. Understanding the risks is essential, and getting the approach and risk acknowledged as a market leader in this management wrong can result in high financial space and our expertise is supported by penalties, substantial reputational damage and our sector knowledge and experience of market perceptions that can be difficult to alter. working in new and emerging markets. The growing number and complexity of sanctions means that organisations not only have to look to their domestic law for regulatory guidance but also to the law of other jurisdictions, in particular the US and the European Union.

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Experience includes: – Acting for JAT in ICC proceedings on a – Advising trading companies on issues Key contacts dispute concerning frustration of a long arising from sanctions against doing UK: term contract, arising out of sanctions business in, among other places, John Whittaker and return of maintenance reserves and Charles Kuhn – Advising various airlines, investors and – Advising an owner in relation to a the European Commission regarding voyage order from charterers to load a North America: EU external relations, horizontal crude oil cargo out of Libya, including Doug Maag agreements, open skies agreements as to whether the owner could comply and bilateral air services agreements; with the voyage order without being in Advising a non-EU airline and its breach of sanctions government in its negotiations with – Providing advice on the implementation the European Commission on an EU of UN financial sanctions by Singapore; horizontal agreement whether Singapore has implemented UN – Advised on an investigation by the Security Council Resolution 1970 (2011) National Crime Agency into potential against Libya; and whether Singapore sanctions breaches has expanded its list of designated persons following the implementation – Advising clients, including a UAE based of EU Regulation 503/2011 tanker shipowner/operator wishing to trade in Iran on sanctions issues

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Technology

As competition in the aviation market the passenger experience and reducing turnaround Click to see our experience intensifies, participants are continually times through enhanced on-board connectivity. searching for new ways to engage with and Using our experience of negotiating high-value retain customers and drive efficiencies. contracts with leading industry players, we can Technology, innovation and the use of help you navigate the technology minefield. We are specialist third parties are increasingly at adept at finding out what the airline’s needs are for a particular technology project, explaining in plain the heart of these developments. Our team English where the contracts provided do not meet advises on major technology arrangements those needs and then working with technology – from SaaS and the Cloud through to suppliers and the customer to ensure that the technology licensing and maintenance, actual signed contracts meet the customer’s mobile apps and the adoption of requirements. ‘disruptive’ technologies. We have a good understanding of what customers Technology and data are now widely recognised want and where they tend to run into difficulties, by the aviation sector as two of the key tools whilst our truly global reach means that we have through which they can evolve and adapt their the depth of knowledge and capability to support businesses to secure a competitive advantage – our clients wherever they may need our assistance. from helping airlines engage with their customers to creating new distribution models; reducing cost through self-service technology; helping airport infrastructure to handle increased capacity; improving operational flexibility; and enhancing

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Data

The introduction of onerous data Individuals are now much more aware of their A core part of dealing with subject access requests protection laws around the world, in data protection rights and dealing with the issues is keeping data protection regulators on side. particular GDPR in Europe, and the data that arise out of individuals exercising those rights Working with the regulators is an important part is becoming a serious business concern for all of any data protection compliance function and trials and tribulations of well-known organisations, both large and small. In particular, our team has strong relationships with regulators companies mean that data protection responding to subject access requests has become and relevant industry bodies, enabling us to resolve is now a Board level issue – particularly a real headache for businesses due to the number privacy issues quickly and with the minimum for the aviation sector, which deals with and/or circumstances in which they are made. If of fuss. both consumers and businesses and store sheer volume of subject access requests is an issue and continually process large volumes of for you, we have solutions that can help relieve personal data of data subjects around the some of the burden. If, on the other hand, you need help with requests made in sensitive situations world, often outside of where they – as part of a dispute, passenger complaint or are headquartered. employment issue or as a tool in litigation – we have Our dedicated data protection team provides experience of dealing with these types of requests organisations with full service data protection and and can help you comply with your obligations privacy advice, with the flexibility to adapt our whilst minimising the amount of damaging approach to meet the individual needs of our clients information you provide as part of your response. – acting as a trusted sounding board, providing strategic advice and resource or providing a fully outsourced service model, as required.

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Experience includes: – Advising a leading airline company – Advising on airline licensing, ownership – Drafting the new Electronic Key contacts on GDPR compliance, including and control, data protection, ATOL/ Transactions Law for Dubai UK: drafting new policies for data privacy, package travel issues and unmanned International Financial Centre (DIFC Mark Williamson processing, transfers and data aircraft systems Law No. 2 of 2017) to clarify the protection officers enforceability of e-signatures, the – Providing ongoing guidance to various MEA: equivalence of electronic records and – Advising a European airline on the aviation stakeholders regarding the Dino Wilkinson the validity of electronic contracts provision of technology and other impact of Brexit on aviation, including services for its new UK operation advice to airlines regarding contingency – Localising the data privacy policies measures to safeguard single aviation of international corporations for – Advising a global airline parts market access consistency with local market manufacturing group in relation to requirements GDPR services – Advising a European airline on a contentious subject access request – Advising Senior, one of the world’s largest aerospace and component – Advising a Middle East regulatory manufacturing companies, on its authority on the modification of its data contract for a back-office treasury and protection legislation to align with GDPR risk management system for their global and other international best practice finance function

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Cyber

Our experienced global team advises Prevent Respond clients on all cyber and data related issues, Pre-Breach services include: Breach Response services include: from policy drafting to incident response. – Risk management services – Dedicated 24-7 cyber incident hotline In the event of a cyber incident, we can support in responding to the breach – Breach readiness audits to assess current cyber – Timely, high level, initial response to reported resilience and information handling systems incident and representing you in the defence of claims or investigations. – Advising on breach response plans – Regular updates to clients (via external breach co-ordinators if appointed) One of the most obvious global data protection issues is data breach. Data breaches have the potential to cause significant financial and Manage Reflect reputational damage, as well as huge disruption, Claims and Regulatory services include: Post-Breach services include: to businesses such as yours. Our world-leading data breach response team can help you prepare – Management of regulatory notifications and – Working with the chosen third party suppliers for, and respond to, all aspects of a data breach investigations resulting from a breach to assist with reviewing the cause of the breach based on current best practices and wherever in – Defence of any actions taken against the – Working with clients to develop new procedures the world the breach occurs. policyholder – Providing additional training to policyholder staff – Defending, managing and representing to raise awareness clients in complex litigation

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Experience includes: – Advising a regulated business on the – Advising in relation to a high profile of USD 42 million for the bank relating Key contacts cyber hacking of its systems resulting claim in Hong Kong involving the to pre-paid debit cards Helen Bourne in the loss of significant numbers of breach of personal data privacy laws – Advising a university following a high Tom White customer data including financial, by Octopus, the first large scale profile phishing attack against its sensitive personal data and credit contactless smartcard payment system students’ university email addresses, card details in Hong Kong, including defence of resulting in a number of coordinated investigations by the PCPD – Advising on retail breach impacting in frauds, in relation to management of excess of 50 million people – Advising an ASX-listed international the suspected security breach and on fast food company on its response the university’s exposure to claims – Acting for a major logistics provider in to a suspected data breach following for damages relation to processing of employee data, customer complaints and a resulting including representing the company – Advising a major player in the investigation by the Privacy during an ICO investigation and dealing technology industry on the privacy Commissioner with employment law implications and implications associated with the roll- customer communications – Advising a financial institution in out of several of its high profile online Singapore following a personal data products across a number of Gulf States – Advising a company in France on the breach incident involving unauthorised management of an unauthorised release – Advising on high-profile national emails sent from the computer system of personal information including healthcare breach impacting in excess of a third party service provider to the personal data of 10 million people customers of the financial institution – Advising an international hotel operator – Advising on cyber risk wordings for – Advising on a major hacking incident in respect of a data breach arising from use in the province of Quebec and against the outsourced service providers its customer loyalty scheme compliance with Quebec law to an Omani bank that resulted in a loss

OUR AVIATION VALUE ADDED < BACK INFOGRAPHIC OUR SERVICES NEXT > PLUS TEAM SERVICES 52 440 Partners 1,800 Lawyers

4,000 Total staff

50+ Offices worldwide* www.clydeco.com

*includes associated offices

Clyde & Co LLP is a limited liability partnership registered in England and Wales. Authorised and regulated by the Solicitors Regulation Authority.

© Clyde & Co LLP 2019

1151715 - January 2020