David Heffernan

Chair, Transportation & Trade

Recent News:

Cozen O’Connor Assists Alaska Airlines in $1.9 Billion Acquisition of Hawaiian Airlines

Cozen O'Connor advised Alaska Airlines in connection with its recent $1.9 billion acquisition of Hawaiian Airlines.

A recognized leader in the aviation bar, David serves as chair of Cozen O’Connor’s Transportation & Trade Group and co-chair of the firm’s preeminent Aviation Industry Team. He is consistently ranked in Chambers and Partners USA, listed in The International Who's Who of Aviation Lawyers, included in the Legal Media Group’s Guide to the World's Leading Aviation Lawyers, and admitted to The Legal 500’s U.S. Aviation and Air Travel “Hall of Fame.”

David represents major U.S. and foreign airlines (passenger and cargo); aviation trade associations; aircraft, engine, and equipment manufacturers; aircraft maintenance, repair, and overhaul (MRO) businesses; air travel distribution companies; and air/ground express delivery and logistics companies. He also advises non-aviation businesses, including banks, private equity funds, other aviation industry investors, and corporate owners/users of aircraft.

David’s practice is far reaching. He frequently represents clients before the U.S. Department of Transportation (DOT), Federal Aviation Administration (FAA), Department of Homeland Security (DHS), Transportation Security Administration (TSA), and Department of Justice (DOJ).

He advises clients on U.S. laws, regulations, and federal agency policies with respect to:

Economic Regulations – air carrier economic authority; international frequencies, routes, and traffic rights; air travel distribution issues; air transportation taxes and fees, airport slots and facilities, rates and charges; advertising and consumer protection regulations; and agency enforcement policies, investigations, and actions.

Safety and Security Regulations – FAA and TSA safety and security licensing, regulations, and compliance issues, including responses to agency investigations and enforcement actions.

Commercial Agreements – alliance, joint venture, and other cooperation agreements between airlines; codesharing and wet lease agreements; and related antitrust compliance and antitrust immunity issues.

Corporate Transactions – regulatory aspects of mergers and acquisitions of aviation companies or assets; transactions involving the purchase or sale of aircraft and aviation equipment; aviation industry investment transactions; aircraft management, charter, and fractional ownership agreements; and airport use and lease agreements.

Uncrewed Aircraft – regulatory and other legal issues relating to commercial uses of uncrewed aircraft (drones), electric vertical takeoff and landing (eVTOL) vehicles, and other advanced air mobility (AAM) systems.

David is the author of numerous articles on legal issues affecting the aviation industry. He has been a contributor to Forbes.com, a co-editor of two treatises on aviation law (Aviation Regulation in the United States and the Cologne Compendium on Air Law in Europe), and a regular speaker at legal and industry conferences. He is a former editor-in-chief of The Air & Space Lawyer, the quarterly publication of the ABA’s Forum on Air & Space Law.

 

News

Cozen O’Connor Assists Alaska Airlines in $1.9 Billion Acquisition of Hawaiian Airlines

October 02, 2024

Cozen O'Connor advised Alaska Airlines in connection with its recent $1.9 billion acquisition of Hawaiian Airlines.

Legal 500 Recognizes Seven Cozen O’Connor Practice Areas and 16 Cozen O'Connor Attorneys in its 2024 Legal Guide

July 10, 2024

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, Maritime, and Mergers & Acquisitions practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Michael Deutsch, Geoffrey Ferrer, Bruce Ficken, Jonathon Foglia, David Heffernan, Matthew Howell, James Kwartnik, Robert Magovern, Jeffrey Mullen, Patrick Rizzi, Rachel Schwartz, Josh Stein, Jeff Vogel, and Rachel Welford to its 2024 Legal Guide.

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

Three Cozen O’Connor Transportation & Trade Attorneys Selected to Who’s Who Legal: Transport 2024

December 01, 2023

Cozen O’Connor is pleased to announce that David Heffernan, chair of the firm’s Transportation & Trade Group, Jeffrey F. Lawrence, co-chair of the firm’s International Practice, and Jonathon Foglia, member of the firm’s Transportation & Trade Group, have been selected to Who’s Who Legal: Transport 2024.

Business Today Names 32 Cozen O'Connor Attorneys to Its Top 10 Lists

July 28, 2023

These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 14 Cozen O'Connor Attorneys in its 2022 Legal Guide

July 11, 2022

For 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Cozen O’Connor Announces Changes to Firm Management 2022

March 23, 2022

Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2022 year.

Four Cozen O’Connor Transportation & Trade Attorneys Selected to Who’s Who Legal

October 28, 2021

Cozen O’Connor is pleased to announce that Jeffrey Lawrence, chair of the firm’s Transportation & Trade Group, David Heffernan, vice chair of the firm’s Transportation & Trade Group, Jonathon Foglia, member of the firm’s Transportation & Trade Group, and Marc Fink, of counsel, have all been selected to Who’s Who Legal: Transport 2022 —a guide to the world’s leading transport lawyers.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 12 Cozen O'Connor Attorneys in its 2021 Legal Guide

June 17, 2021

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Jeff Vogel, and Rachel Welford to its 2021 Legal Guide.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 13 Cozen O'Connor Attorneys in its 2020 Legal Guide

June 22, 2020

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Stephen Cozen, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Christopher Sweeney, and Jeff Vogel to its 2020 Legal Guide.

63 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2020 Guide

May 14, 2020

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.

Publications

Global Governance: Goals and Lessons for AI [Microsoft]

May 17, 2024

David Heffernan and Rachel Schwartz contributed the chapter “The International Civil Aviation Organization (ICAO) “ to the Global Governance: Goals and Lessons for AI book published by Microsoft.

FAA Proposes to Increase Rest Periods for U.S. Airline Flight Attendants [Alert]

October 25, 2021

David Heffernan and Rachel Welford discuss the FAA's NPRM to require flight attendants at large U.S. airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less.

DOT’s ‘Unfair Or Deceptive Practices’ Rule Is Fair And Transparent [Aviation Daily]

February 08, 2021

David Heffernan co-authored an article for Aviation Daily discussing how the U.S. Transportation Department (DOT) issued a rule clarifying how it interprets its statutory authority to prohibit airlines from engaging in “unfair or deceptive practices.”

DOT Unfair Practices Rule Adds Clarity To Airline Regulation [Law360]

January 12, 2021

David Heffernan contributed an article to Law360 discussing what the DOT plans to do to prohibit unfair and deceptive airline practices.

DOT Implements New Legal Paradigm for Regulating Airlines [Alert]

December 21, 2020

The U.S. Department of Transportation (DOT) recently issued new regulations codifying specific criteria for interpreting its fundamental regulatory authority under 49 U.S.C. section 41712 to prohibit airlines from engaging in “unfair or deceptive practices.”

DOT Confirms That Comfort Animals Are Not Service Animals [Alert]

December 07, 2020

David Heffernan and Rachel Welford discuss the DOT's new regulation, “Traveling by Air with Service Animals,” that substantially revises its rules governing the transportation of service animals onboard aircraft.

DOT Provides Airline Payment Flexibility for Enforcement Penalty During COVID-19 [Alert]

July 17, 2020

David Heffernan discusses the DOT's consent order against Volaris and how it may provide insights into how DOT is approaching enforcement during COVID-19.

DOT Offers Airlines No Relief From Ticket Refund Obligations in Light of COVID-19 Flight Disruptions [Alert]

April 07, 2020

Rachel Welford and David Heffernan discuss DOT's notice regarding "Refunds By Carriers Given the Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel" and what carriers must do to ensure their compliance.

DOT to Impose Minimum Air Service Obligations For U.S. Carriers Receiving CARES Act Financial Assistance [Alert]

March 31, 2020

David Heffernan and Rachel Welford discuss DOT's proposed parameters for implementing the authority granted it by the CARES Act to maintain scheduled air transportation to U.S. points.

FAA Grants Airlines Relief From U.S. Airport Slot-Use Restrictions in Response to Coronavirus [Alert]

March 16, 2020

David Heffernan discusses the FAA's announcement that carriers that cancel or reduce service at U.S. slot controlled airports will not forfeit their slots.

Why DOT Should Interpret "Deceptive Practices" Using a "Reasonable Consumer" Standard [The Air & Space Lawyer]

March 13, 2020

David Heffernan co-authored an article for The Air and Space Lawyer, explaining how the FTC, in applying its test for "deception," determines what constitutes "reasonable" consumer behavior.

Comfort Animals are Not Service Animals: U.S. DOT to Narrow Scope of Service Animal Accommodations [Alert]

February 03, 2020

David Heffernan and Rachel Welford discuss the significant changes the DOT made to its regulations relating to the transportation of service animals by air.

Industry Sectors

Education

  • Catholic University of America, J.D., summa cum laude, 1996
  • University College Dublin, M.B.S., 1988
  • Trinity College Dublin, B.A., 1985

Awards & Honors

Chambers & Partners USA: Transportation: Aviation Regulatory 2007-2024

Who's Who Legal: Transport - Aviation Regulatory

Who's Who Legal: Transport - Unmanned Aircraft Systems

2015 Air Law Institute Inspiration Award: Law

JD Supra's Readers' Choice Awards Top Ten Author in the Airlines/Aviation Industry 2016-2019

Nominated for inclusion in Legal Media Group's Guide to the World's Leading Aviation Lawyers, 6th and 9th editions

Experts Guides: Aviation

The Legal 500 United States “Leading Lawyer” Transport: Aviation and Air Travel Litigation & Regulation, 2018-2021; Hall of Fame, 2022-2024

Lawyers of Distinction 2023

Business Today, Top 10 Influential Regulatory Aviation Lawyers Shaping US Airspace in 2023 

  • District of Columbia
  • American Bar Association, Forum on Air & Space Law
  • Member, International Aviation Club
  • Member, Aero Club of Washington