Roy applies his experience litigating cases on behalf of airlines, other aviation entities, and large and small companies, to pursue vigorously—with passion and judgment—the ability of his clients to conduct their operations free of burdensome regulations, fees, taxes, and charges, and other unwelcome interference.
Overview
A business and regulatory litigator focused on aviation, other transportation sectors, and international trade, including antidumping and countervailing duty cases, Roy has first chair trial experience before juries, federal and state court judges, and administrative agencies and before courts of appeal throughout the United States.
Roy draws on his extensive trial experience to counsel companies and individuals facing a wide range of complex legal issues. He helps airlines and other aviation industry entities in regulatory challenges, manufacturers and importers in trade disputes, argues appeals, defends patent holders, and represents companies before arbitration panels throughout the United States and Europe.
Experience
Roy represents airlines, an airline trade association, and fixed base operators in 14 C.F.R. part 13 and part 16 administrative litigation before the FAA.
Roy focuses on ensuring that airports that receive federal funds comply with their "grant assurances," by filing complaints with FAA and in the U.S. Court Circuit Court of Appeals to challenge airport conduct.
Roy has represented U.S. manufacturers and foreign exporters in numerous antidumping and countervailing duty cases involving imports of various articles from countries throughout the world, including a special emphasis on cases involving Chinese imports.
In 2016, Roy assisted the City of Ontario, CA obtain transfer of the ownership of Ontario International Airport from Los Angeles.
Roy previously represented seven airlines in their successful effort to reduce by hundreds of millions of dollars the rates and charges imposed by Los Angeles International Airport for use of its terminals.
He also represented airlines in successful challenges to user fees imposed by the FAA for air traffic control, the Transportation Security Administration for airport security screening, the State of Hawaii for cargo inspection fees and the Township of Tinicum, Pennsylvania for landing at Philadelphia International Airport.
Roy has represented major airlines in negotiating airport leases and litigated many cases involving patents in the airport and airline industry.
He played a leading role (including two oral arguments before the DC Circuit) in groundbreaking litigation against the first FAA fees for the provision of air traffic control and related services, which can serve as a predicate for future development of ATC user fees, and the potential legal challenge to such fees.
Representation of several airlines in successfully obtaining dismissal of putative class actions alleging claims under antitrust laws, RICO and various state laws for failure to state a claim or because of federal preemption.
Roy's bid protest experience includes:
Representation of protester and intervenor in multiple bid protests before the GAO regarding USAID rule of law contracts in developing countries.
Representation of orthotics company before the GAO in bid protests of Veterans Affairs contracts
Representation of court reporting company before the GAO in bid protests of contract awards for federal court reporting services
Representation of helicopter company in GAO protest of award of Army contract for helicopter services
Representation of advertising agency in Court of Federal Claims litigation relating to US Mint 50 States Quarters Program procurement
Representation of fisheries observer company in dispute over contract for fisheries observer professionals.
Representation of major air carrier in bid protests relating to award of federal government city pair contracts for GSA (federal government employee travel)
News & Insights
News
Speaking Engagements
Co-Presenter, "Health Care Under the Antitrust Microscope: Product Pricing, Market Entry and Industry Fraternizing are All Under Scrutiny," Recent Developments in Health Care and Life Sciences Law Seminar, Stinson, December 2019
Panelist, "New World Order: Navigating the Arbitration Landscape," American Bar Association Tort Trial and Insurance (TRIP) Aviation and Space Law Committee Conference on "Contemporary Aviation and Space Litigation: A World View," October 2018, Washington, D.C
Luncheon Speaker, "What GA Can Learn from Airline Vigilance in Pursuing Reasonable and Non-discriminatory Airport Fees," AOPA Airport Access Advisory Panel Meeting, October 2018
Panelist, "The Aviation Security Legal Framework: 9/11 to the Present," Federal Bar Association's Transportation Security Law, May 2018
Moderator, "Hot Topics for the Cargo Roundtable: Handle With Care," IATA Legal Symposium, March 2018
"Aviation Litigation Update: Fees, Wage Laws, Airports and Other Challenges," 2015 Forum on Air & Space Law Update Conference, February 2015
"Preemption Revisited," International Air Transport Association Legal Symposium, February 2014
"Strategic Differences Between and Considerations Involving the Choice of Federal and State Jurisdiction," University of Baltimore School of Law, February 2014
Publications
"Recent Cases Involving Arbitration of Aviation Disputes," the Brief, ABA Tort Trial and Insurance Practice Section, Vol. 49, No. 4, Summer 2020
Quoted, "3 Types Of Suits Airlines Are Bracing For Post-Pandemic," Law360, May 2020
"California Comeback: Ontario International Airport Is Again Independent and Thriving," American Bar Association Air and Space Lawyer, March 2020
"Judicial Beacons Light the Way for Interpreting Airline 'Service' under the ADA," American Bar Association Air and Space Law Forum, November 2018
Featured, "Things To Watch In The New FAA Reauthorization," Law360, October 2018
Featured, "Kavanaugh's Transportation Rulings Favor Limited Deference," Law360, July 2018
Featured, "Drone Test Sites Give States Expanded Regulatory Role," Law360, May 2018
Featured, "Provisions to Watch in the House's FAA Reauthorization, Law360, April 2018
Featured, "ITC Says Chinese, Thai Rubber Bands Hurting US Industry," Law360, March 2018
Featured, "4 Things To Watch In FAA Reauthorization Talks," Law360, March 2018
Featured, "TSA Shield Thickens After 3rd Circ. 1st Amendment Ruling," Law360, August 2017
Featured, "Shrinking Airline Seat Size Tests FAA's Regulatory Limits," Law360, July 2017
Featured, "Constitutional Questions Prolong Air Traffic Control Debate," Law360, July 2017
Featured, "In-Flight E-Cigs Ruling Firms Up DOT Rulemaking Power," Law 360, July 2017
Featured, "Traveler Angst, New Protocols Free Airlines From Laptop Ban," Law360, July 2017
Featured, "New DHS Security Directive Leaves Airlines Holding The Bag," Law360, June 2017
Featured, "Carriers, Airports Face New Risks If Laptop Ban Is Expanded," Law360, June 2017
"What the High Court May Not Address in Frequent Flyer Case," Law360, December 2013
"Ginsberg v. Northwest: An Opportunity to Bring the Ninth Circuit into the Fold on ADA Preemption," The Air & Space Lawyer, October 2013
"DOT Finds Unjust Discrimination in the Terminal Rents at LAX," The Transportation Antitrust Update, December 2007
"A Tale of Two Airports: Why DOT Found Unjust Discrimination Against Airlines at LAX but Not at Newark," CCH Issues in Aviation Law and Policy, October 2007
"Airline Challenges to Airport Abuses of Economic Power," Journal of Air Law and Commerce, May 2007
Recognitions
Recognitions
Part of the Law360 "Transportation Group of the Year," 2016
Professional & Civic Activities
Professional & Civic Activities
Member of the ABA Air and Space Law Forum Governing Committee, 2012 – 2016, and currently on the Editorial Board for the Air and Space Law Forum
ABA Air and Space Law Forum Membership Committee, Co-Chair, 2015 - present
President of the D.C.-based International Aviation Club, April 2020 - March 2021
Wings Club, Member
Aeroclub, Member
Practices & Industries
Admissions
- District of Columbia, 1989
- Maryland, 1998
- Colorado, 1987
- U.S. Supreme Court
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Third and Ninth Circuits
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. Court of Federal Claims
- U.S. Court of Appeals for DC Circuit
- U.S. Court of International Trade
Education
University of Colorado School of Law, J.D., 1987
- Order of the Coif
- University of Colorado Law Review
University of Kansas, B.A., 1984
