Airline Passenger Rights: Recent DOT Developments, Including Proposed Rules and Enforcement

Mr. Foglia advises U.S. and foreign airlines, public charter operators, aviation industry trade associations, and travel intermediaries (e.g., online travel agencies, travel management companies, and tour operators) on matters arising under the U.S. Department of Transportation's (DOT) economic regulations, including licensing and registration, consumer protection requirements, and investigations and enforcement actions. He also counsels aviation clients on U.S. carrier continuing fitness and citizenship requirements, competition matters, joint ventures and airline alliances, traffic rights under bilateral air service agreements, multilateral treaties concerning liabilities in international air carriage, and competitive route and slot-award proceedings. A substantial portion of Mr. Foglia's practice involves issues of federal preemption of state and local laws related to aviation safety and carrier operations. He is co-chair of the Aviation Industry Team.

With over two decades of legal experience, Ms. Graber focuses her practice on aviation enforcement, regulatory compliance, and consumer protection law. She brings a distinguished record of fifteen years of public service from the Department of Transportation (Department), where she began as a senior trial attorney, became a branch chief, and most recently served as Deputy Assistant General Counsel in the Office of Aviation Consumer Protection. As Deputy Assistant General Counsel, Ms. Graber led enforcement actions addressing unfair and deceptive practices in aviation, oversaw the development and implementation of major rulemakings addressing economic and consumer protection requirements for air transportation, and managed a team of more than 35 attorneys and analysts. She oversaw hundreds of investigations of airline and ticket agent practices, resolving over 75 cases with cease and desist enforcement orders. Ms. Graber also led the development of aviation consumer protection rules, guidance, and enforcement policies. She also led the Department’s first ever privacy review of the nation’s ten largest airlines regarding their collection, handling, maintenance, and use of passengers’ personal information.

Mr. Marriott counsels airlines, airports, business aviation operators, and travel industry stakeholders on a broad range of regulatory, transactional, and enforcement matters. He has significant experience with the U.S. Department of Transportation (DOT), Federal Aviation Administration (FAA), Department of Homeland Security (DHS), Transportation Security Administration (TSA), Customs and Border Protection (CBP), and Department of State (DOS). Mr. Marriott has guided the start-up of both U.S. and foreign airlines across Australia, Europe, Africa, Latin America, the Middle East, and Asia. He assists carriers in obtaining DOT economic authority, FAA operations specifications and technical approvals, TSA security program approvals, and CBP authorizations, including customs bonds, landing rights, and Visa Waiver Signatory status. Mr. Marriott also advises clients on issues under bilateral aviation agreements and international treaties. He also represents clients on aircraft transactions, including purchases, sales, operating and finance leases, aircraft lease financings, and acquisitions of FAA certificate holders.