100

Legal Focus

JULY 2013

Transportation & Logistics

The transportation and logistics industry is one of the fastest growing sectors globally. With the demand for transportation infrastructure set to continue rising over the next decade, so too is the inevitability of complex legal matters to be addressed. To find out what these matters may be and how they can be navigated, we speak to Erin M. Van Laanen, shareholder and past practice group leader at McAfee & Taft, a full service law firm in Oklahoma City.

Please introduce yourself, your role and your firm.

I have been with the firm since 1995 when I started my practice in the aircraft area. I was the second lawyer at McAfee to concentrate in aircraft. Our firm now has ten lawyers in our aircraft group, along with 22 legal assistants. We have had the joy of a growing practice due, in part, to our commitment to the area of law and our combined involvement in emerging issues in connection with the practice. We work as a team at McAfee which benefits not only our clients but our work life as well.

What cases interest you the most and why?

Every aircraft deal is a bit different, depending on the jurisdiction, the transaction parties and the goals of my client. For me, they are all unique and all provide a challenge to be sure the transaction is structured properly within the FAA/CTC rules, so that the client is able to meet its goal for entering into the transaction.

What are the main challenges to arise?

As with most areas of law, the main challenge is adapting to and dealing with the ever-increasing government regulation that affects our practice area. The challenge is to understand the changes, incorporate them into my expertise, and find meaningful ways

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to assist my clients in completing a transaction within the scope of the regulations that govern the deal.

What are the main issues you deal with relating to the United States Federal Aviation Act, the FAA Aircraft Registry in oklahoma City and the Cape town Convention?

My practice involves assisting clients in complying with the FAA Transportation Code and the Cape Town Convention on International Interests in Mobile Equipment and Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (the “CTC”). My clients range from individuals purchasing and selling aircraft, to publicly held companies, to aircraft and engine leasing companies and lenders, not only in the United States but worldwide. Most often, my role is to serve as special FAA/CTC counsel to the transaction parties, to ensure that the transaction structure and priority filings comply with the FAA and CTC rules. In that role, I often act as escrow agent for the documents and funds, and as Cape Town Administrator for the parties, to ensure a smooth closing process.

Have there been any recent legislative changes to affect your work?

There have been two significant, recent