Overview

Brent is senior counsel in the Transportation and International Trade practice groups. He focuses his practice on U.S. Department of Transportation, Federal Aviation Administration, Customs and Border Protection and Transportation Security Administration matters, as well as international trade and export controls. Brent represents major U.S. and non-U.S. airlines, including all-cargo airlines, before the DOT and FAA in connection with compliance matters; PFC and airport-related matters, defending hazardous materials enforcement actions; requests for approvals, licenses and certificates; route proceedings; codeshare issues; and other regulatory and administrative matters. He also provides counsel on FAA legislative and environmental issues. Brent also represents clients from various industries on issues pertaining to unmanned aircraft systems (UAS), including how to obtain authorization for UAS operations and on-going developments in the law on UAS issues.

Brent also has extensive experience in the area of international trade, advising U.S. and non-U.S. manufacturers, producers, government contractors, retailers, maritime companies and airlines on matters involving customs, export control, economic sanctions regulations, FCPA and anti-boycott issues. He regularly assists clients with developing export control compliance programs, auditing and improving existing programs, voluntary disclosures and classifying items.

Brent also counsels clients on all aspects of government contracts, including contract claims before agencies, boards of contact appeals, and the U.S. Court of Federal Claims. Brent represents clients in bid protests and assists with compliance with federal regulations and statutes, including domestic sourcing restrictions such as the Buy American Act and the Berry Amendment, and the protection of intellectual property when contracting with the government.

Experience
  • Obtaining authorizations from the Department of Transportation, Federal Aviation Administration, Transportation Security Administration, and Customs and Border Protection for a start-up European air carrier to serve points in the United States.
  • Advising a U.S. airline on PFC, airport funding, and airline rights when negotiating a new lease with the airport where the airline operates its main hub.
  • Advising air carriers on issues pertaining to alliances with other carriers, such as interline agreements, codeshares and joint ventures, and obtaining authorizations for such alliances from the Department of Transportation.
  • Advising one of the country's largest airports on FAA financing rules in its negotiations with its largest tenant.
  • Advising air carriers on many regulatory aspects of air transport, especially the application of air transport treaties.
  • Defending against FAA enforcement actions relating to compliance with hazardous material shipping requirements, resulting in settlements and significant reductions in penalties initially assessed by the FAA.
  • Advise clients on FAA’s UAS regulations and policies currently in place and how they will be developing in the near term.
  • Coordinate with FAA on behalf of clients to explore possibilities of obtaining FAA authorization for private, commercial UAS operations before FAA promulgates regulations for such operations.
  • Assist clients with the development of applications for an exemption in order to obtain authorization for commercial UAS operations.
  • Assisting with licensing, compliance and self-disclosure issues arising under the economic sanctions regulations and trade embargoes enforced by the Department of Treasury's Office of Foreign Assets Control (OFAC), the International Traffic in Arms Regulations (ITAR) enforced by the Department of State's Directorate of Defense Trade Controls (DDTC) and the Export Administration Regulations (EAR) enforced by the Department of Commerce’s Bureau of Industry and Security (BIS).
  • Reviewing a global entity's export control compliance program and enhancing the program to prevent violations and implement best practices.
  • Developing voluntary disclosure of OFAC violation, which resulted in avoidance of fines and penalties.
  • Successfully protesting U.S. Marine Corp's award decision in a multimillion-dollar acquisition of sniper scopes.
  • Developing a guide to protect a government contractor's intellectual property when selling commercial and non-commercial items to the government.
  • Prevailing on behalf of a partially defaulted contractor in a dispute against the U.S. Army, resulting in settlement through reinstatement of the defaulted portion of the contract and forgiveness of liquidated damages assessed by the government.
  • Successfully enhancing a client's compliance program to the satisfaction of an executive agency to avoid debarment from government programs.
Publications
Presentations
  • Chair, Planning Committee for the Washington, D.C., 2016 Update Conference of the American Bar Association’s Forum on Air and Space Law
  • “The Thawing of U.S./Cuba Relations and the Impact on U.S. Commercial, Business and General Aviation”, Panelist, American Bar Association Business Law Section’s 2015 Spring Meeting, Aircraft Financing Subcommittee, April 2015
  • “UAS Integration into the National Airspace System: Legal Considerations” - Ohio Unmanned Aircraft Systems Conference, August 2014
  • WMACCA Global Issues Forum: Streamlining The Movement of Your Company's Goods Across International Borders, March 2014
  • "U.S. Export Controls, Reform Policies and Trade with India" - presented at the Global Defense & Security Opportunities Seminar & Networking Event hosted by the Virginia Economic Development Partnership (VEDP) - International Trade, January 2011
  • "American Recovery and Reinvestment Act's Buy American Requirements" - Energy Support in the Stimulus Bill, webinar, Troutman Sanders LLP, March 2009
  • Export Tools and Techniques Seminar, Minnesota Department of Trade and Economic Development, June 2003
  • Military Housing Privatization Workshop, National Association of Installation Developers 2002 Annual Conference, 2003 Annual Conference, 2004 Annual Conference, 2003 Winter Forum, 2004 Winter Forum and 2005 Winter Forum
Distinctions
  • Selected for inclusion in Washington, D.C. Super Lawyers, 2018
  • Selected for inclusion in Chambers USA: America's Leading Lawyers for Business, Transportation: Regulatory, 2017
Professional and Civic

Professional Associations

  • Managing Editor, Air & Space Lawyer, the quarterly newsletter of the American Bar Association’s Forum on Air and Space Law
  • American Bar Association, Member of the Forum on Air and Space Law and the International Trade Section
  • International Aviation Club of Washington, D.C., member, Board of Governors, president, 2010; vice president, 2009 to 2010; secretary, 2007 to 2009

Community Activities

  • Assist with pro bono client-intake sessions for Catholic Charities
  • Pro bono volunteer in asylum cases referred by Tahirih Justice Center for women and children fleeing violence, arranged marriages, and other abuses in foreign countries
NewsEvents