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KMA Zuckert's attorneys have a nationally and internationally recognized expertise in the aviation and general transportation industries, and we have handled matters in federal, state as well as in many foreign venues.

Foreign air carriers operating codeshare services with U.S. carriers can face significant regulatory exposure when fligh...
10/15/2026

Foreign air carriers operating codeshare services with U.S. carriers can face significant regulatory exposure when flights enter or transit Federal Aviation Administration-restricted airspace.

In a new article published by Lexology, KMA Zuckert LLP’s David Endersbee, Partner, and Barbara M. Marrin, Of Counsel, examine the obligations that arise when a foreign carrier displays a U.S. carrier code on flights operating through conflict zones.

The article looks at FAA airspace prohibitions, the conditions attached to U.S. Department of Transportation codeshare authorizations, and recent DOT enforcement actions involving foreign carriers. It also highlights the importance of continually monitoring NOTAMs and Special Federal Aviation Regulations and ensuring that restrictions are effectively coordinated across legal, flight-planning, and operations teams.

🔗Read “Carrying a Code? Be Careful Where You Fly”:https://www.kmazuckert.com/publications/aviation/2026/Carrying_a_Code_Be_Careful_Where_You_Fly_October_2026.pdf

KMA Zuckert LLP Partner Jol Silversmith will speak at the 2026 National Business Aviation Association (NBAA) Business Av...
10/15/2026

KMA Zuckert LLP Partner Jol Silversmith will speak at the 2026 National Business Aviation Association (NBAA) Business Aviation Convention & Exhibition (NBAA-BACE) in Las Vegas.

Jol will join Russ Arena, Executive Director - Massachusetts Business Aviation Association, David Decoteau, A.A.E., IAP, CAE, CAM, Deputy Director - King County International Airport/Boeing Field, Alex Gertsen, CAM, C.M., ACE, Sr. Director, Airport Advocacy and Vertical Infrastructure - NBAA, and George Katsikas, President & CEO - Aitheras Aviation Group for “Airport Access Hot Topics: Protecting Your Operational Autonomy.”

Presented by the NBAA Access Committee, the session will examine regulatory, legal, and political developments affecting airport access across the United States. The panel will address emerging airport restrictions, community relations, and strategies for engaging effectively with airport authorities and local stakeholders, with a focus on protecting access to airports and airspace.

🔗For More information, see https://nbaa26.mapyourshow.com/8_0/sessions/session-details.cfm?scheduleid=20

The Federal Aviation Administration’s deployment of a new AI-enabled air traffic management tool is drawing congressiona...
10/14/2026

The Federal Aviation Administration’s deployment of a new AI-enabled air traffic management tool is drawing congressional scrutiny as lawmakers seek further information about its safety testing, implementation, and oversight.

The Strategic Management of Airspace, Routes, and Trajectories (SMART) tool was deployed in September at Ronald Reagan Washington National Airport, Washington Dulles International Airport, and Baltimore/Washington International Thurgood Marshall Airport.

A congressional letter to Transportation Secretary Sean Duffy and FAA Administrator Bryan Bedford calls for the FAA to pause use of the tool while lawmakers seek answers regarding safety evaluations, consultation with aviation personnel, training, human oversight, and the standards that will be used to assess the system before any broader rollout.

The development highlights some of the regulatory and operational questions accompanying the growing use of artificial intelligence in safety-critical aviation systems.

Read the October 13 congressional press release here: https://ocasio-cortez.house.gov/media/press-releases/ocasio-cortez-mcclain-delaney-beyer-mfume-subramanyam-and-elfreth-lead-calls

KMA Zuckert LLP Partner Jol Silversmith recently joined Professor Sean Foley’s “Themes in Global History: Global Aviatio...
10/13/2026

KMA Zuckert LLP Partner Jol Silversmith recently joined Professor Sean Foley’s “Themes in Global History: Global Aviation” class at Middle Tennessee State University (MTSU) as a guest speaker.

Jol discussed the historical development of aviation law and regulation and shared insights from his practice representing airlines, airports, and other aviation industry stakeholders.

His presentation also explored the legal framework governing airports and the sometimes-complex relationship between airports and the communities they serve. He also provided feedback on a student exercise focused on resolving airport-neighbor disputes.

Thank you to Professor Foley and the MTSU Department of History for the invitation and the opportunity to discuss the history and continuing evolution of aviation law with the class.

Two bipartisan bills aimed at supporting the health and well-being of the aviation workforce while strengthening aviatio...
09/29/2026

Two bipartisan bills aimed at supporting the health and well-being of the aviation workforce while strengthening aviation safety have passed the U.S. Senate by unanimous consent.

The Aviation Medication Transparency Act would require the Federal Aviation Administration to publish and maintain accessible, user-friendly guidance on medications considered safe for pilots, air traffic control specialists, and trainees, including medications designated “Do Not Issue” or “Do Not Fly.” The guidance would also identify any period during which duties must be limited or suspended while taking a medication.

The John A. Hauser Mental Health in Aviation Act would require the FAA to modernize its mental health guidance for pilots and air traffic controllers, with a focus on encouraging early disclosure and treatment and reducing barriers to obtaining and maintaining medical certification.

The legislation would also provide additional resources for the FAA’s Office of Aerospace Medicine to expand and train its network of medical examiners and improve the efficiency of the Special Issuance Medical Certification process, together with funding for public information efforts addressing mental health care in aviation.

Both measures now await consideration in the House.

🔗Read the September 25 joint announcement from Senators Tammy Duckworth and John Hoeven: https://www.duckworth.senate.gov/news/press-releases/duckworth-hoeven-bipartisan-bills-to-support-the-health-of-our-aviation-workforce-and-strengthen-aviation-safety-pass-the-senate

What does DOT’s new flight-delay rule actually change?Beginning October 19, the U.S. Department of Transportation will c...
09/24/2026

What does DOT’s new flight-delay rule actually change?

Beginning October 19, the U.S. Department of Transportation will change how airlines categorize certain flight delays and cancellations in reports submitted to the government.

The final rule implements Section 511(b) of the FAA Reauthorization Act of 2024 by removing ten specified types of disruption from the “Air Carrier” reporting category, which covers circumstances considered within an airline’s control. Instead, those events will be reported under a new Section 511(b) category.

They include certain unscheduled maintenance, qualifying cybersecurity attacks, medical emergencies, the removal of unruly passengers, and airport closures caused by volcanic ash, wind, or wind shear. The rule does not itself establish new passenger compensation requirements or eliminate existing ones.

Airlines determine through their customer-service policies what amenities or compensation they provide for controllable delays and cancellations, and DOT can enforce commitments that airlines make. However, because the ten specified events will no longer be categorized as within the carrier’s control, the change could have a practical effect. DOT itself acknowledges that the number of disruptions for which airlines provide amenities and compensation is expected to decrease.

Passenger refund rights are separate. If an airline cancels a flight or significantly delays or changes it, passengers who choose not to travel or accept the alternative offered retain their right to a refund regardless of the reason for the disruption.

The final rule takes effect October 19, 2026.

Read the U.S. Department of Transportation final rule: https://www.transportation.gov/regulations/federal-register-documents/2026-18040

The Federal Aviation Administration has provided Congress with an update on its plans to modernize the National Airspace...
09/18/2026

The Federal Aviation Administration has provided Congress with an update on its plans to modernize the National Airspace System and strengthen its aviation safety framework.

In testimony before the House Appropriations Subcommittee on Transportation, Housing and Urban Development, FAA Administrator Bryan Bedford outlined the agency’s Fiscal Year 2027 budget request and progress toward what the FAA calls its Brand New Air Traffic Control System.

As part of an agency-wide organizational realignment, the FAA has established a new Office of Aviation Safety Management, which will centralize safety-management activities previously conducted across separate FAA organizations. The office is intended to integrate agency-wide safety data and support a more predictive approach to identifying and addressing emerging risks.

On modernization, the FAA reported significant progress replacing legacy telecommunications infrastructure, converting radio sites, introducing electronic flight strips and installing new airport surface-awareness and radar systems. The agency is also developing four major foundational upgrades — FENS, FMDS, SMART and CAP — designed to modernize communications, traffic-flow management, strategic airspace planning and air traffic control automation across the NAS.

The FAA’s FY 2027 budget request would supplement the initial $12.5 billion investment with an additional $1.5 billion from its annual Facilities and Equipment budget.

🔗 Read Administrator Bedford’s testimony to Congress: https://www.faa.gov/testimony/testimony-bryan-bedford-faa-administrator-hearing-committee-appropriations-subcommittee

KMA Zuckert Partner Jordan A. Carter recently presented “The Art of Succession Planning” at the DRI | Association of Law...
09/18/2026

KMA Zuckert Partner Jordan A. Carter recently presented “The Art of Succession Planning” at the DRI | Association of Lawyers Defending Business Leaders and Managing Partners Seminar in Chicago.

Ms. Carter’s presentation explored succession planning as more than identifying who will assume a retiring law firm partner’s clients or leadership responsibility. It requires firms to confront attrition, protect and develop their employees, preserve institutional knowledge, maintain client confidence, and safeguard the firm’s brand.

She also examined the changing nature of legal practice, including attorney recruitment and retention, generational expectations, the virtual firm, changing client demands, technology, and the evolving concept of law firm partnership. Stressing that succession planning should begin well before a partner announces retirement and should be a “forever evolving model based on the needs of the market,” and emphasized that the plan should be based on the firm’s clients, people, culture, and overall business objectives.

As Jordan concluded, succession has to be intentional and evolve as the legal market continues to evolve.

Find out more about the conference here: https://www.dri.org/education-cle/seminars/2026/law-firm-partners

KMA Zuckert welcomes Thomas Ostendorp as a Partner in the firm’s New York office.Thomas is an aviation litigator whose p...
09/14/2026

KMA Zuckert welcomes Thomas Ostendorp as a Partner in the firm’s New York office.

Thomas is an aviation litigator whose practice encompasses all areas of civil and commercial litigation. Drawing on his significant experience as both a litigator and former prosecutor, he works with clients to develop the right strategy for each matter, whether that means pursuing an early resolution or taking a case to trial.

Thomas represents domestic and foreign air carriers, business and general aviation aircraft manufacturers, maintenance providers, airport operators, and ground operators in federal and state courts across the country. His experience includes wrongful death claims arising from aircraft crashes, insurance coverage disputes, personal injury actions, commercial disputes, and damage to commercial and private aircraft.

He also advises clients on compliance with Federal Aviation Administration and U.S. Department of Transportation regulations, contract interpretation, and the application of the Warsaw and Montreal Conventions and U.S. aviation statutes.

Before entering private practice, Thomas served as an Assistant District Attorney in Bronx County, New York, where he was a senior prosecutor in the trial division. That extensive courtroom experience continues to inform his approach to investigations, depositions, case strategy, and trial.

We are pleased to welcome Thomas to KMA Zuckert.

Read more: (link to the full bio, once added to the website)

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