We offer clients exceptional insight in dealing with competition agencies in the United States, Europe and around the world.

A global team handling highly complex and sensitive matters in all aspects of litigation.

WilmerHale offers one of the world’s premier international arbitration and dispute resolution practices.

Drawing on the collective experience of dozens of lawyers across multiple offices and practices, WilmerHale’s International Litigation Group has successfully resolved countless cross-border litigations.

We provide legal insight and practical solutions for one of the most complex and highly regulated areas of business.

We advise clients based in Europe on consultations with unions and works councils, and—where clients are not unionized—on the processes required to elect representatives for the purposes of information and consultation in collective redundancies and business transfers in the European Union.

Labor and employment claims often are prolonged and may include discrimination, wrongful discharge, whistleblower claims and retaliation, along with claims of fraud, breach of fiduciary duty, breach of contract, and tortious interference arising out of business relationships and transactions, and we have the skills to handle cases with any level of complexity. Our record of achievement extends to all facets of employment litigation and dispute resolution in the US and European courts and administrative agencies, such as the US Equal Employment Opportunity Commission and the US Department of Labor. We also have experience representing companies in class actions brought by employees, and in post-trial and appellate litigation.

Even in the best-managed businesses, employment disputes inevitably arise, and can result in litigation. We encourage active client participation in determining goals, strategies and tactics and in evaluating risks and costs associated with the litigation process.

Within the US, we represent clients at trial and on appeal at both the state and federal court level in multiple jurisdictions, in claims that span all areas of employment law, including discrimination, harassment, retaliation, wrongful termination, privacy, wage and hour, ERISA allegations and matters arising from executive employment agreements, non-competition and confidentiality agreements, and severance agreements—as well as in Sarbanes-Oxley and Dodd-Frank and other whistleblower cases, nationwide class actions, post-trial litigation, complex settlements, and negotiations in multiple plaintiff cases. In recent years, we have litigated cases of first impression and under the wage and hour laws resulting in beneficial outcomes for our clients. We also regularly represent clients before administrative agencies, including the US Equal Employment Opportunity Commission; the US Department of Labor, Wage and Hour Division; the US Occupational Safety and Health Administration; the US Office of Federal Contract Compliance Programs; the National Labor Relations Board; state fair employment practice agencies; and state departments of labor.

Focusing on international arbitration and dispute resolution, investigations, financial services enforcement, and IP litigation.

With offices in the United States and Europe, WilmerHale has one of the world’s premier aviation practices.

We represent airlines, airline alliances and airport operators in litigation and other types of dispute resolution. Some examples are:

• Appeal of passenger rights legislation. We successfully represented a US airline trade group in appealing a New York statute requiring airlines experiencing extended pre-departure ground delays to provide passengers with specified amenities. The appellate court agreed with our argument that federal law preempts state laws relating to the service of any air carrier.
• Appeal of Federal Aviation Administration (FAA) rule to establish slot auctions. We represented a US airline trade group in an appeal challenging a rule finalized by the FAA to conduct an auction of slot leases at New York–area airports.
• Skycap class action suit. We represented a US airline in a class action brought by a group of skycaps alleging that the fee revenue generated by the airline’s passenger fee for curbside baggage check-in services is payable to them under common-law principles and a Massachusetts state law governing tips for personal services.
• Los Angeles International Airport rates and charges dispute. We represented a US airline in a US Department of Transportation (DOT) adjudicatory proceeding in which a number of major airlines successfully challenged the rates and charges imposed by the city of Los Angeles for the use of Los Angeles International Airport. DOT’s final order in the proceeding is now under review in the US Court of Appeals for the District of Columbia Circuit.
• Air cargo rate investigation. We represented two major international airlines in connection with industry-wide investigations by antitrust/competition authorities in the US, Europe and elsewhere relating to the imposition of fuel and other surcharges on air cargo rates. We also represented the same airlines and their affiliates in related class action litigation with respect to passenger fares and cargo rates in the United States.
• Antitrust class action suit. We achieved an innovative and cost-effective settlement—opposed by the US Department of Justice—in a certified antitrust class action brought by a nationwide class of travel agents against the major airlines in which plaintiffs sought over $50 billion in damages.
• Overflight fee litigation. We represented a major foreign carrier in a series of court actions successfully challenging FAA regulations imposing fees on flights that "overfly" US controlled airspace without taking off or landing in the United States.
• September 11 compensation litigation. We represented a US cargo carrier in litigation challenging the methodology used by the DOT to determine the amount of compensation a carrier may receive for losses incurred as a result of the September 11 terrorist attacks.
• Predatory pricing litigation. We represented a leading international airline in litigation before a Court of Appeals concerning predatory pricing allegations, including the negotiation of a settlement with the competent authority.
• Landing fee litigation. We represented a number of airlines in several landmark litigations before a Court of Appeals and a regional court concerning landing fees at an international airport in Germany.
• Dispute on use of airspace. We represented an international hub airport before the European Commission and the German courts, including the German Supreme Court for administrative matters, in a dispute on the use of the airspace of a European country for approaches to and departures from a neighboring country's largest airport, including advice on negotiations on a bilateral treaty and on strategic options.

We counsel international and domestic airlines, airports, and other aviation businesses on a wide range of economic, safety and other aviation-specific regulations, and on compliance with competition laws in the United States and the European Union. We represent parties before regulators in the United States and Europe in rulemaking, licensing, certification and enforcement proceedings. The team has broad experience in:

• Licensing and certification proceedings. We handle licensing and certification matters before the US Department of Transportation (DOT) and Federal Aviation Administration (FAA) for established and new entrant airlines. We have advised US and foreign air carriers regarding the “open skies” air service agreement between the United States and the European Union and assisted clients in applying to the DOT for additional and streamlined operating authority available under that agreement.
• International route proceedings. We routinely represent airlines as well as other interested parties in international route allocation proceedings. We have successfully represented major US carriers in obtaining highly sought after authority to serve important international destinations, including China and Mexico, in contested proceedings before the DOT.
• Enforcement proceedings. We represent airlines, shippers and indirect air carriers in enforcement proceedings before the DOT and FAA. We have successfully defended a broad range of aviation enterprises in proceedings involving allegations of unfair competition, the use of unfair and deceptive advertising practices, and violations of agency rules and regulations, including hazardous materials regulations and safety and security regulations.
• Rulemakings. We routinely represent interested parties in administrative rulemaking proceedings.
• US International Air Transportation Fair Competitive Practice Act (IATFCPA). We have represented complainants in proceedings under the IATFCPA charging foreign airlines with unfair competitive practice, and we have defended non-US airlines in such proceedings.
• Antitrust immunity for airline cooperation. We have secured approval of numerous applications for antitrust immunity before the DOT, including significant dealings with the US Department of Justice, and the European Commission to facilitate airline alliances.
• Slot proceedings. We have represented a major US carrier in successfully obtaining highly sought-after exemption slots at Washington DC’s Ronald Reagan Washington National Airport in a contested proceeding before the DOT.
• Aviation safety and security matters. We have counseled airlines, airports and indirect cargo carriers on a wide range of aviation safety and security matters.
• Airport regulations. We have counseled clients with respect to airport privatizations, user fees and charges, airspace reclassifications, and revenue diversion matters. We have also advised airport users on matters including environmental liability issues and often-complex legal and regulatory issues relating to federal grant–funding programs for US airport operators.
• Foreign investment in US carriers. We have advised foreign investors, US airlines, investment banks, venture capital and private equity funds on US regulatory requirements associated with investments in US airlines, including regulations limiting foreign ownership and control over US carriers.
• Air traffic control (ATC). We have advised a number of European governmental and multilateral institutions in their efforts to reform ATC systems. For example, we advised the European Bank for Reconstruction and Development on the modernization and reorganization of the Russian air traffic management system. We also completed a comprehensive study for the European Commission on European air space management and design. The recommendations of the study laid the ground for and are reflected in the new EU regulatory framework for the creation of a single European sky.
• Regulation of aircraft repair services. We represented a foreign carrier’s repair station with respect to changes in FAA regulations governing repair of US-registered aircraft and the effect of such changes on the US legal status of particular repair work.