Practice Areas & Industries: Fulbright & Jaworski L.L.P.

Practice/Industry Group Overview

All Matters, All Modes of Transportation

Fulbright & Jaworski has worked throughout the transportation industry for many years, from representing air carriers following air disasters to admiralty and marine law matters related to offshore petroleum operations to equipment financing for railcars and aircraft.

Services Available

We have represented clients in virtually all sectors of the industry and others involved in transportation projects including:

• Aircraft and engine manufacturers
• Airlines
• Construction companies
• Interstate oil and gas pipelines
• Lenders
• Motor freight carriers
• Vessel owners/operators

Regulatory agencies. Fulbright's transportation group represents industry clients in litigation, transactions and regulatory matters before state and federal agencies governing transportation issues, including:

• Department of Transportation
• Interstate Commerce Commission
• Department of Energy
• Federal Energy Regulatory Commission
• State Department
• Department of Justice
• Maritime Administration
• Federal Aviation Agency
• National Transportation Safety Board

Airline/airport experience. Fulbright has represented airlines in various operational matters. Some of these are:

• Aircraft registration
• Airport access and facilities
• Code-sharing
• Computer reservations systems
• Director compensation
• Geopolitical issues
• International air routes
• Licensing
• Noise compliance

Trade agreements

Fulbright has represented U.S. and international airlines in regulatory proceedings before the FAA and in safety matters involving the National Transportation Safety Board. The firm has also represented the Air Transport Association of America in regulatory matters.

Transportation: Equipment Financing

Each year, the Fulbright & Jaworski equipment financing group provides legal services for transactions worth a billion dollars or more. We work domestically and internationally in the financing and leasing of aircraft, railcars, vessels, mass transit and other equipment. Our clients include:

• U.S. and international airlines
• Aircraft and engine manufacturers
• Operating lessors
• Commercial banks
• Investment banks
• Credit companies
• "Vulture" funds
• U.S. institutional investors

All transaction types. We're involved in everything from "double-dip" lease structures in international jurisdictions to Enhanced Equipment Trust Certificate (EETC) offerings to Foreign Sales Corporation (FSC) leasing, Japanese Leveraged Leases, securitizations and tax-advantaged vessel financing under the MARAD Capital Construction Fund.

Bankruptcies and debt workouts. Fulbright also has extensive experience in bankruptcy remote structures and in executing workout transactions, some of which have realized 100% recovery of the original investments.

Transportation: Dispute Resolution, Litigation and Arbitration / ADR

Proven litigators. Fulbright & Jaworski is consistently ranked among the top litigation firms in the United States. Our trial practice represents U.S. and international clients in virtually every area of the law.

Toxic tort defense. Attorneys in our Environmental Law & Toxic Tort Litigation Group are recognized among the nation's leading practitioners in defending clients against toxic tort claims. This is one of the reasons Fulbright was ranked one of the 10 best firms in the country for environmental law in an International Corporate Law survey.

Environmental claims/regulatory matters. Fulbright & Jaworski helps clients adapt to a constantly changing regulatory environment worldwide by:

• Assisting in evaluating environmental impacts and liabilities
• Determining which environmental laws and precedents apply to clients' operations
• Evaluating product warnings and toxic tort claims

Litigation alternatives. Fulbright's highly ranked arbitration and Alternative Dispute Resolution practice has been recognized as:

• One of only 17 firms in the world named as the "Arbitration Elite" The American Lawyer
• One of the top 10 national law firms for dispute resolution in the Global Counsel Dispute Resolution Handbook

Transportation: Project Finance

Globalization spurs freight and passenger transportation growth . . . transportation infrastructure needs drive financing programs in developing nations . . .private/public partnerships and mass transit projects key to U.S. transportation infrastructure upgrade . . . Port Security Grants program from U.S. TSA.

Fulbright & Jaworski has been active for decades in delivering comprehensive legal services to funding mechanisms of all types for transportation projects, both private and public.

Public finance: one of 10 most active. In recent years, Fulbright has consistently ranked among the nation's 10 most active bond firms. Our transportation work has included representing governmental units, airlines, vendors, underwriters and other participants in financing a variety of projects.

Municipal and private airport improvements:

• Runways
• Flight kitchens
• Gate/terminal improvements
• Maintenance facilities
• Parking garages
• People movers

Highways and streets:

• Toll roads
• Toll bridges
• Public roads and streets

Public ports:

• Channel improvements
• Storage facilities
• Wharves

Mass transit:

• Buses
• Rail lines and rail cars

2002 municipal securities totals:

• 345 transactions
• $8.86 billion cumulative principal amount

Bond issuer representation. We have represented issuers of tax-exempt obligations as:

• Bond counsel
• Disclosure counsel
• Special tax counsel
• General counsel

Public/private projects. Fulbright transportation attorneys have worked with a variety of parties to facilitate transportation projects, including public and privately owned airports and public-private cooperative ventures. Our public finance attorneys are knowledgeable in the various vehicles used to fund transportation projects such as:

• GARVEEs (Grant Anticipation Vehicles) for highway funding
• SIB loans
• Tax-exempt debt
• Taxable project financing

International financing organizations. Fulbright has represented public and private entities in financing for major infrastructure projects around the world, including toll roads and port facilities. Organizations we work with include:

• Asian Development Banks
• International Finance Corporation
• Inter-American Development Bank
• Overseas Private Investment Corporation
• U.S. Eximbank