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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.

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)

KMA Zuckert is pleased to welcome David Harrington as a Partner in the firm’s New York office, further strengthening our...
09/14/2026

KMA Zuckert is pleased to welcome David Harrington as a Partner in the firm’s New York office, further strengthening our aviation and aerospace capabilities as the firm continues to grow.

David is an experienced trial attorney whose practice focuses on aviation and aerospace litigation, accident investigation, and regulatory matters. He has represented domestic and international air carriers, aircraft manufacturers, and other aviation companies in complex civil litigation and has substantial experience handling National Transportation Safety Board investigations, liability and damages issues, settlement negotiations, and matters involving the Warsaw and Montreal Conventions.

A former carrier-based US Navy Aviator who flew the F-14B Tomcat, David also holds a commercial pilot’s license and a degree in mechanical engineering. His practice extends to UAS/UAV matters, space law, and the developing fields of Advanced Air Mobility and Urban Air Mobility.

We are pleased to welcome David Harrington to KMA Zuckert and look forward to the experience and perspective he brings to the firm and our clients.

Read more: https://www.kmazuckert.com/attorneys/

The U.S. Department of Transportation has closed its industry-wide review of the privacy practices of the nation’s ten l...
09/10/2026

The U.S. Department of Transportation has closed its industry-wide review of the privacy practices of the nation’s ten largest airlines, finding no violations of applicable laws or Department policies. DOT says it will take no enforcement action regarding the matters reviewed.

Launched in March 2024, the review examined how airlines collected, handled, maintained, used, sold, disclosed and protected passengers’ personal information.

In announcing the closure, DOT’s Office of Aviation Consumer Protection nevertheless emphasized airlines’ continuing responsibilities in four areas: transparency around data collection and sharing; data security and breach protection; adherence to published privacy policies; and the use of individual-specific data in dynamic pricing.

In particular, DOT states that carriers should avoid determining pricing based on who an individual customer is and should not engage in discriminatory dynamic pricing practices.

DOT says it will continue to monitor airline privacy practices and will take appropriate action if violations of federal consumer privacy statutes are identified.

Read the DOT notice:
https://www.transportation.gov/resources/individuals/aviation-consumer-protection/notice-closure-airline-privacy-review

Terrance Lanier is an Associate at KMA Zuckert LLP, where he focuses his practice on representing domestic and internati...
09/10/2026

Terrance Lanier is an Associate at KMA Zuckert LLP, where he focuses his practice on representing domestic and international air carriers and other corporate clients through all phases of litigation in state and federal courts. He also advises clients on the application of the Federal Aviation Administration and U.S. Department of Transportation regulations to their business operations.

Before joining KMA Zuckert, Terrance practiced commercial litigation at Fitch Law Partners LLP in Boston, representing clients throughout Massachusetts and New England. His experience included serving as lead counsel in a bench trial before the Fiduciary Litigation Session at the Norfolk Probate and Family Court in Massachusetts.

Earlier in his career, Terrance served as a law clerk to the Honorable Gregory I. Massing of the Massachusetts Appeals Court and as a fellow with the Massachusetts Gaming Commission.

Terrance earned his J.D. from Boston University School of Law and his B.A., magna cm laude, from the University of South Carolina, where he was elected to Phi Beta Kappa.

He was named to the Massachusetts Super Lawyers “Rising Stars” list from 2021 to 2023 and the New York Metro “Rising Stars” list in 2025 for his work in business litigation. Most recently, he was selected as a 2026 Top 40 Under 40 honoree by The National Black Lawyers.

🔗https://www.kmazuckert.com/attorneys/

On September 8, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced significant new ...
09/09/2026

On September 8, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced significant new sanctions targeting Iran’s aviation sector.

The measures include the designation of 36 targets, including 27 Iranian airlines, as well as foreign companies and individuals that Treasury says have supported Iranian aviation activities and the procurement of U.S.-origin aircraft and technology.

Of particular significance for international operators, OFAC has also suspended three Iran-related aviation authorizations. These include authorizations that previously permitted certain overflights and allowed non-U.S. airlines to fly U.S.-origin or U.S.-controlled commercial aircraft into Iran.

The changes may therefore have consequences beyond Iranian carriers, potentially restricting the ability of third-country airlines to operate services to Iran using aircraft subject to relevant U.S. controls.

OFAC has issued a general license permitting the wind-down of certain previously authorized civil aviation-related transactions and has stated that aviation safety-related requests will be considered on a case-by-case basis.

The measures significantly expand the aviation-related implications of the U.S. sanctions regime for carriers and other businesses involved in international aircraft operations, procurement and aviation services.

🔗Read the U.S. Treasury Department news release:
https://home.treasury.gov/news/press-releases/sb0623

KMA Zuckert LLP is pleased to congratulate Dave Y. Loh on his inclusion in the 2027 edition of The Best Lawyers in Ameri...
09/08/2026

KMA Zuckert LLP is pleased to congratulate Dave Y. Loh on his inclusion in the 2027 edition of The Best Lawyers in America® for Admiralty and Maritime Law in New York.

David has been recognized by Best Lawyers since 2013.

Congratulations to David on this continued recognition.

This September, aviation leaders and legal and finance professionals from across the Americas will come together in Miam...
09/01/2026

This September, aviation leaders and legal and finance professionals from across the Americas will come together in Miami for the ALTA - Latin American & Caribbean Air Transport Association’s Aviation Industry Legal and Finance Conference.

KMA Zuckert LLP is pleased to once again serve as an official sponsor of the conference, which provides an important forum for discussion of the legal, regulatory, and commercial issues affecting the aviation sector.

KMA Zuckert's David Endersbee and Barbara Marrin will be attending and look forward to connecting with colleagues and industry peers in Miami.

September 8–10, 2026 | Miami, USA

Learn more: alta.aero/law/2026

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