Legal Services

• Where Do We Practice?
• Some Recent Cases.
• What Other Sorts of Work Do We Do?
• If you have been served with a notice of proposed civil penalty ...

Our law firm represents client interests and counsels clients on matters before a variety of government agencies, including DOT, FAA, FHwA, GSA, NLRB, NTSB, OSHA, and PHMSA (formerly RSPA). We also represent parties in civil and criminal matters. With a few exceptions, the firm currently limits its practice to the representation of persons, companies, and trade associations in the aviation industry.

Attorneys from the Law Offices of Jason A. Dickstein are admitted in DC, Virginia and New York. They are also admitted before the appropriate Federal trial and appellate courts (including the U.S. Supreme Court). The rules governing administrative actions permit our attorneys to represent aviation companies accused of FAA or other federal administrative law violations in any state.

• Our law firm represents companies in FAA enforcement proceedings. We can advise you on both the financial ramifications and the business ramifications of your options, and we can help give you the information you need to make a decision about the best way to approach the enforcement action.
• Our law firm consults on a variety of compliance matters. Ask us how we can help you to avoid future enforcement actions through proactive auditing and quality systems.
• Our law firm assists with transactional matters. We can advise your company on how to protect your legal rights in transactions within the aviation industry, and we can draw up the agreements to make it happen smoothly.
• Our law firm advises companies on how to approach potential safety issues (from accidents to SUPs) in a manner calculated to maximize safety and minimize liability while also protecting the business' reputation.

Our law firm represents companies in litigation, but we also recognize that there are often less expensive ways to settle dispute, and we will strive to find you the most expedient, cost-effective, satisfactory solution to your problem.

While we try to avoid litigation when there is a better solution for your company, unfortunately, sometimes litigation is unavoidable as a practical matter. When the court system gets involved, we represent our clients interests vigorously and actively seek the best possible resolution for our clients. NOTE: The following past cases are cited to demonstrate the scope of our practice. They are not a measure of whether we can be successful in your case. Success in your case will be based on the actual facts of the case and our use of the applicable law.

• In Re Stark Avionics. Represented a repair station accused by the FAA of misclassifying work as minor, when the FAA argued it had been major. Much of the case was dismissed on summary judgment and the remainder was dismissed by the FAA before trial; client obtained EAJA Attorneys Fees from the government.
• Bell Helicopter Textron v. Able Engineering & Component Services. Represented a repair station accused of trademark infringement and unfair competition. Case dismissed on summary judgment.
• In Re Lafayette Avionics. Represented a repair station accused by the FAA of violations of federal aviation regulations. Case dismissed by the FAA.
• In Re Custom Essence. Represented a manufacturer accused by the FAA of hazardous materials violations. Case dismissed by the FAA.
• United States v. Sickler. Represented a repair station and its President in criminal charges related to unapproved parts allegations. The government had brought charges under 18 U.S.C. section 371, claiming that the completion of FAA 8130-3 tags represented fraud on the U.S. government. We were able to show that the FAA 8130-3 tags were properly completed and these charges were dropped.

• Advised on the FAA compliance and intellectual property aspects of the acquisition of a major tier one supplier.
• Negotiated a favorable change to an airport construction plan on behalf of a repair station.
• Assisted companies with export compliance.
• Worked with a PMA manufacturing company to educate their personnel about intellectual property - how to protect the company's own IP and how to avoid infringing an OEM's IP.
• Represented several PMA companies in negotiations with several different PC holders to end the PC holders' allegations of intellectual property malfeasance (copyright, trademark and trade secret claims).
• Drafted contracts for manufacturers, repair stations and distributors reflecting issues like inventory consignment, sales/supply, repair service, development and manufacturing joint ventures.
• Successfully petitioned the FAA to delay implementation of repair station rules, and training rules, until proper advisory guidance could be published.
• Worked with the FAA to rescind the "FOR DOMESTIC SHIPMENT ONLY" limitation on domestic airworthiness approval tags for aircraft parts.
• Helped to develop and maintain the ASA-100 quality system (compliant with FAA AC 00-56).
• Advised PMA/TSOA manufacturers, distributors, repair stations and air carriers on matters ranging from securing transactions to hazmat compliance.
• Negotiated settlements in hazardous materials allegations raised against companies by FAA and RSPA (now known as PHMSA).

If you have been served with a notice of proposed civil penalty, complaint, or other notice of violation, you should contact an attorney immediately to be sure that you protect your interests. Timelines for protecting your rights can be quite short. An appeal of a FAA emergency certificate action, for example, must be filed with the NTSB within 10 calendar days of the day that the FAA mailed the notice to you. This can leave you with less than a week to respond by the time the notice reaches you. If you intend to appeal the question of whether the matter is an emergency (often necessary to avoid being shut down, pending the hearing) then you only have two days to file the appeal!