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Stewart H. Lapayowker

Stewart H. Lapayowker

Mr. Lapayowker devotes his law practice to corporate aircraft transactions.  He counsels corporate and individual clients, foreign and domestic, on issues relating to the acquisition, leasing, registration and financing of new and pre-owned jet aircraft (including fractional aircraft).  He counsels on a wide variety of aviation matters, including implementing tax efficient structures, related FAA and DOT regulatory matters, regulatory evaluation of operations, aircraft management arrangements, personal use issues and compensation-related SEC issues in connection with the use of business aircraft by public companies.

 

He is Vice Chair of the National Business Aviation Association’s Tax and Regulatory Committee, past Chair of its Aircraft Transactions Working Group, past Vice-Chair of its Regulatory Working Group, and a member of the Aviation Law Committee of The Florida Bar.

Mr. Lapayowker has written articles and editorials, has been quoted in the press, cited to by a federal appellate court and has lectured on various topics in business aviation.

Mr. Lapayowker is host of the radio show PlaneTalkRadio www.PlaneTalkRadio.com, a radio show whose purpose is to promote an appreciation of business aviation and issues facing business aircraft operators.

Mr. Lapayowker is President and Chief Executive Officer of Aero Management Solutions, LLC, whose proprietary online AirLedger system facilitates communications between aircraft owners and aviation managers and gives aircraft owners access to real time data for their aircraft.  It’s newly-released Trip-Speed iPhone and iPad App expedites communication between charter management companies and aircraft owners.  The mission of Aero Management Solutions, LLC is to improve the aircraft ownership experience and enhance aircraft owner-manager relations.

 

Education

Temple University School of Law, Philadelphia, Pennsylvania J.D.,1989, Honors: Cum Laude, Law Review: Temple Law Review, Research Editor;  The Wharton School of the University of Pennsylvania, B.S., Economics, 1986

Bar Admissions

Florida, 1995

New Jersey, 1989 (inactive)

Pennsylvania, 1989 (inactive)

Past Positions

Partner in law firm located in Boca Raton, Florida, 2006-2008

Shareholder, Akerman Senterfitt (Miami, Florida), 1996 – 2006

Associate Attorney, Gunster Yoakley Valdes – Fauli and Stewart, P.A. (Ft. Lauderdale, Florida), 1995 – 1996

Associate Attorney, Cohen, Shapiro, Polisher, Shiekman and Cohen (Philadelphia, PA), 1989 – 1995

Honors

Selected for inclusion in 2012, 2011 and 2010 edition of The Best Lawyers in America.

Selected for South Florida’s Best Lawyers (2012 and 2009 Edition; Incisive Media)

Selected as a Top Lawyer by South Florida Legal Guide 2009 (Volume 1, Number 1, 2008)

Quoted in Daily Business Review, March 24, 2008 (John Pacenti, Justice Watch, Feds Take Closer Look at Aircraft Deals)

Selected for Who’s Who Legal – Florida 2008; Aviation (Law Business Research Ltd.)

Selected for South Florida Super Lawyers 2007 (June 2007)

Featured in The Miami Herald, Job File (Closing the Deal on their next set of Wings) (June 4, 2007)

Quoted in Worth Magazine, April 2007 (Connecting Flight)

Cited in United States of America v. Lake, 10th Cir. U.S. Ct. App. (Jan. 5, 2007)

Quoted in Base and Bonus, 2006, Volume 2 No. 12, page 3 (Does Empty Return Flight Count as Comp)

Quoted in Base and Bonus, 2006, Volume 2, No. 7, Page 11 (BofA Execs Getting Steeper Jet Valuation)

Selected as on of Florida’s “Legal Elite” by Florida Trend Magazine in 2004.

Selected as one of “The Best of the Bar 2003? in South Florida by the South Florida Business Journal in the area of Corporate/Business Aviation

Rated “AV” by Martindale-Hubbell

Lectures

Lecturer, National Business Aviation Association Annual Tax and Regulatory Conference, Las Vegas, Nevada, October, 2011

Lecturer, National Business Aviation Association Aircraft Transactions Conference, New York, New York, June, 2011

Lecturer, National Business Aviation Association Aircraft Registration Conference, Naples, Florida – February 3-4, 2011

Lecturer, National Business Aviation Association Annual Tax and Regulatory Seminar, Atlanta, Georgia – October, 2010

Lecturer, National Business Aviation Association Annual Tax and Regulatory Seminar, Atlanta, Georgia – October 17-18, 2009

Lecturer, National Business Aviation Association Annual Tax and Regulatory Seminar, Orlando, Florida – October 18-19, 2009

Lecturer, 14th Annual Aircraft Transactions, New York, New York – June 1-2, 2009

Lecturer (legal Issues Relating to Leases and Loans – A Lender’s and Borrower’s Perspective), 16th Annual Aircraft Registry Forum, Naples, Florida – February 9-10, 2009 (scheduled)

Lecturer (Aircraft Acquisition Planning), National Business Aviation Association Annual Tax and Regulatory Seminar, Orlando, Florida – October 4-5, 2008

Lecturer (An Introduction to Business Aviation for the Non-Aviation Professional), Financial Planning Association Retreat 2008, Weston, Florida – June 1, 2008

Lecturer (Update on FAA and Tax Issues Relating to Business Aircraft), U.S. Trust, Bank of America and Bank of America Private Wealth Management Aviation Symposium, Orlando, Florida –April 3, 2008

Panelist (Corporate Aircraft Issues), Equipment Finance Leasing Association – Orlando, Florida, March 17, 2008

Lecturer (SEC Reporting of Aircraft Use), National Business Aviation Association Annual Tax Regulatory Seminar – Atlanta, Georgia, September 2007

Lecturer (Aviation Regulatory Environment), NBAA Business Aviation Taxes Forum – Chicago, Illinois, June 1, 2007

Lecturer (Dealing with an Imported Aircraft), 14th Annual FAA Registry Forum and the Cape Town Convention and Aircraft Protocol – Miami, Florida, February 2007

Lecturer (Personal Use of Corporate Aircraft), Aviation Directors Roundtable, December 2006

Lecturer (Cape Town Convention Language), National Business Aviation Association Annual Tax Regulatory Seminar – Orlando, Florida, October 2006

Lecturer (Introduction to Aviation Taxes), National Business Aviation Association Annual Tax and Regulatory Seminar – Orlando, Florida, October 2005

Lecturer, National Business Aviation Association Regulatory Issues Forum – Boca Raton, Florida, January 28, 2005

Lecturer – “Certifying a Large Aircraft Under Part 135: A Hybrid Process or Double Trouble?”, Strategic Research Institute 8th Corporate Aircraft Conference to Address Risk ad Regulatory Issues – New York, New York, July 10, 2003 – July 11, 2003

Publications

Corporate Planes Are Assets Not Excess,” Miami Herald, April 6, 2009 (p. G-8)

FAA Should Allow Executives to Reimburse Companies for Personal Aircraft Use,” Editorial, Aviation International News, February 2008

“Taxing Personal Use of Corporate Aircraft – A Conversation You Don’t Want But Need To Be Ready For”, Executive Flyer Magazine, Volume 5, Issue 1 May, 2006

“Corporate Aircraft – Why the Law is Not So Simple”, SmartBusiness (Broward/Palm Beach Edition), February, 2005

“Valuation of Personal Usage of Corporate Aircraft and The American Jobs Creation Act of 2004?, thecorporatecouncil.net, February, 2005

“Personal Usage of Corporate Aircraft and The American Jobs Creation Act of 2004 – Between a Rock and a Hard Place”, Client Advisory

“Corporate Aircraft” Four Common Compliance Issues, Co-author, ACC Docket 21, No. 10 (Nov/Dec), 2003

Transactions

Mr. Lapayowker has personally handled the following transactions, among others:

*Represented Fortune 100 company in connection with transitioning its fleet of pre-owned Gulfstream aircraft to new Gulfstream aircraft, and transitioning its fleet of pre-owned Sikorsky helicopters to new helicopters, including the sale of the pre-owned aircraft, acquisition of the new aircraft, related FAA regulatory structuring, State tax planning, Federal tax planning (including coordination with the company’s tax department), implementation of 1031 exchanges, and addressing personal use issues and related SEC disclosure matters.

*Represented Fortune 100 company in connection with the negotiation and execution of sales agreements for new Gulfstream G450 and G550 aircraft, including related FAA compliance structuring, and State and Federal tax planning in coordination with the company’s tax department, and continuing representation in connection with the disposition of its pre-owned Dassault.

* Represented Fortune 100 company in connection with the disposition of its fleet of Gulfstream aircraft and Sikorsky helicopters.

*Represented public company in connection with the acquisition and import of pre-owned foreign-registered Dassault aircraft, including related FAA regulatory structuring, State tax planning, Federal tax planning (including coordination with the company’s tax department).

*Represented public company in connection with the negotiation of a purchase agreement with Bombardier for a Challenger 605 aircraft and negotiation and implementation of progress payment financing and lease financing with financial institution, including related FAA regulatory structuring, State tax planning, Federal tax planning (including coordination with the company’s tax department).

* Represented party to Gulfstream sales agreement for a G550 in connection with the sale of the aircraft to large public company.

*Represented Singapore based company in connection with the acquisition of a new Bombardier Lear 60 aircraft and related bank financing, and owner trust registration.

* Represented aircraft owner in connection with arrangements for having its aircraft appear in the MGM major motion picture James Bond 007 Casino Royale starring Daniel Craig

* Negotiated the purchase of one of the first Boeing Business Jets and Global Express aircraft, the first operational Eurocopter EC 155B VIP-configured helicopter delivered in the United States, as well as the related financing and completion arrangements

* Negotiated one of the first Bombardier FlexJet FlexOne aircraft program purchases

* Structured the purchase of one of the first corporate aircraft to be privately owned by a Chinese company (and not the Chinese government)

* Concluded the purchase and related financing of aircraft to be based in Indonesia, Poland, the Middle East and the Caribbean

* Negotiated the purchase of a new Challenger 605 aircraft in 4 business days.

* Import of a Boeing 737-200 aircraft from Switzerland

* Import of a DeHavilland Twin Otter from Australia

* Negotiated consignment arrangements with the ministry of defense of foreign governments

* Negotiated the purchase of new Gulfstream G650, G550, G450, G350  and G150  aircraft on behalf of buyers

*  Concluded the assignment of lease of Gulfstream G450 demonstration aircraft and the sale and export of the aircraft

* Represented licensed repair facility in connection with the purchase, sale and reconfiguration of regional jet for export to China

* Represented client in connection with the purchase and trade-in of Bell 430 helicopters

* Negotiated the purchase of Embraer Phenom 100 and 300 very light jet

* Represented the purchaser in connection with the purchase and related lease financing of a new Dassault Falcon 2000EX

* Consummated the acquisition and import from Italy of an Agusta AB-139 helicopter, and related completion agreement

* Represented aircraft buyers in connection with the negotiation of progress payment financing for the acquisition of Bombardier Challenger 300 and Bombardier Challenger 604

* Represented a client in connection with the importation of its U.S. registered Gulfstream G-550 aircraft into the United Kingdom for free circulation into the European Union

* Negotiated and documented Part 91 and Part 135 management arrangements of Dassault Falcon 2000EX, Challenger 300, Challenger 605 and other aircraft with regional and national charter management companies

* Represented purchaser of Gulfstream G-IV in connection with its purchase and import from Spain, and related lease financing

* Assisted with the arrangements necessary to operate helicopters from a yacht for use in the European Union and Eastern Europe

* Represented the purchaser of Boeing 737-200 from charter operator in Switzerland and subsequent import from Switzerland

* Represented the purchaser of DeHavilland Twin Otter from Australian airline and subsequent import from Australia

* Represented a client in connection with the import of its helicopters into the United States from Great Britain

* Represented a client in connection with the import of its helicopter into Bermuda from Malaysia via the United States

David G. Shannon

David G. Shannon

Mr. Shannon’s law practice is devoted to tax and corporate law, with an emphasis on federal and state taxation and federal regulation of aircraft ownership and operations; structuring and negotiating mergers, acquisitions and reorganizations; tax-free exchanges; and general corporate and business planning.

Mr. Shannon has written articles, has been quoted in the press, and has lectured on various topics in business aviation.

Education

Georgetown University Law Center, Washington, DC., LL.M. in Taxation, May 2009

University of Miami School of Law, Miami, Florida, Juris Doctor, May 2004

The University of Michigan, Ann Arbor, Michigan, Bachelor of Arts, Economics, 2001

Bar Admissions

Florida, 2005

District of Columbia, 2006

Past Positions

Associate, GKG Law, P.C. (Washington, D.C.), 2007 – 2009

Associate, Advocate Consulting (Naples, Florida), 2005 – 2007

Speaking Engagements

GKG Law, P.C. Webinar Series (Application of State Sales and Use Taxes to Corporate Aircraft Purchases and Leases), Washington, D.C., May 13, 2009

Aviation Tax Lawyer Seminar sponsored by Bombardier Learjet (Charitable Use of Corporate Aircraft, Legal Developments During 2007 Affecting the Carriage of Candidates, Application of State Sales and Use Taxes to Corporate Aircraft Purchases and Leases), Dallas, Texas – September 8, 2008

Aviation Tax Lawyer Seminar sponsored by Bombardier Learjet (Legal Developments During 2007 Affecting the Carriage of Candidates, Application of State Sales and Use Taxes to Corporate Aircraft Purchases and Leases), Ft. Lauderdale, Florida – May 14, 2008

Publications

California, New York, and Florida: An In-depth Sales and Use Tax Update,” Co-author, World Aircraft Sales Magazine, Volume 13, Issue 10, October 2009

A General Aviation Security Update,” World Aircraft Sales Magazine, Volume 13, Issue 9, September 2009

Selling an Aircraft Position,” Co-author, World Aircraft Sales Magazine, Volume 13, Issue 6, June 2009

Put a Little Love in Your Heart: Maximizing Your Aircraft Charitable Deductions,” World Aircraft Sales Magazine, Volume 12, Issue 1, January 2008

Quoted in Fortune Magazine, The Fortune 500, Volume 157, No. 9, May 5, 2008 (Taking Philanthropy Under Their Wings)

 
 
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