People

David Y. Bannard

Partner

Boston Office
617.329.4687 C 978.844.4149

Education

J.D., cum laude, Boston College Law School, 1988
M.M., Northwestern University, 1982
B.Mus.Ed., with distinction, Indiana University School of Music, 1978

Bar and Court Admissions

Massachusetts
Fourth Circuit Court of Appeals

Resources


P3 Airport Projects: An Introduction for Airport Lawyers (Second Edition)

David Y. Bannard

Dave Bannard has more than 25 years of experience in representing airports on a wide variety of matters, including regulatory compliance, airport financings, use and lease agreements and rate-setting ordinances, defense of Part 16 actions, and negotiation of concessions agreements.  He regularly counsels airports on compliance with federal grant assurances and development of air service incentive programs, and he is currently advising several airports on negotiation of new use and lease agreements.  Dave has represented airport owners in novel public-private partnerships, including negotiating the agreements relating to a start-up of a privately developed passenger terminal, the private development of a terminal for ultra-low cost carriers, and the privatization of a small county-owned airport.  He is an experienced bond attorney, having served as bond counsel to airports and other issuers, counsel to borrowers and underwriters and disclosure counsel, as well as issuer’s counsel, in many transactions.

Dave was previously a partner with a large international firm and served as the leader of that firm’s airport practice.  He also served as the Deputy Chief Legal Counsel for the Massachusetts Port Authority, where he oversaw all transactional legal matters, including debt issuance and financial disclosure; intergovernmental negotiations; and terminal negotiations, permitting, financing, development, construction, and leasing.  Dave was also the legal liaison to the "Big Dig" project.

Representative Experience

  • Represented Kansas City International Airport in negotiation of a new use and lease agreement serving as security for new terminal development
  • Working with Pittsburgh International Airport to negotiate a new airline operating agreement after completion of 30-year agreement
  • Developed new fuel system lease agreement with an airline fuel consortium for Austin—Bergstrom International Airport
  • Serving as co-bond counsel for Massachusetts Port Authority, including recent issuances of revenue bonds, subordinated obligations, commercial paper, and special facility revenue bonds for fuel system improvements
  • Serving as disclosure counsel for Salt Lake City International Airport, including for recent $850 million bond issue
  • Serving as underwriter's counsel for financing for Milwaukee's General Mitchell International Airport
  • Served as counsel to large hub airport considering privatizing its ground transportation operations
  • Counseling airport authority on potential annexation of land, including large cargo airport, by host city
  • Served as counsel to Propeller Airports in drafting and negotiating agreements necessary to open and operate a new, privately developed terminal facility, including fueling and under wing services; in-terminal concessions; rental car agreements; parking management; janitorial services; and TNC, taxi, and other ground transportation services providers
  • Serving as outside counsel to large, medium, and small hub airports in negotiation of new use and lease agreements
  • Assisted Nashville International Airport in negotiation of new master concession agreement
  • Providing counsel to Dallas/Ft. Worth Airport Board on federal regulatory issues, including air service incentive program
  • Advising airport on non-aeronautical development by private developer; assisting with drafting option agreement and ground leases
  • Serving as counsel to several large hub airports on compliance with U.S. DOT ACDBE requirements
  • Developed and advised small hub airport and sponsor city on successful air service incentive programs
  • Advising major concessionaire on compliance with ACDBE requirements

Matters prior to joining Kaplan Kirsch & Rockwell include:

  • Served as Massport’s bond counsel for initial issuance of CFC-backed bonds to finance new consolidated rental car facility; negotiated new rental car company leases with all nine rental car companies operating at Logan International Airport
  • Served as underwriter’s counsel for financings for Orlando, Milwaukee, and Burlington (VT) airports
  • Submitted comments on Rule 15c2-12 on behalf of airport trade organization; participated in drafting comments submitted by National Association of Bond Lawyers
  • Counseled Massport on the preparation of, and approval by, FAA of an application to impose and use $392 million of passenger facility charges
  • Negotiated new hotel management agreements with major hotel operator on behalf of O’Hare International Airport
  • Served Greater Orlando Aviation Authority as co-bond counsel and developed a new subordinate lien indenture
  • Assisted Jacksonville Airport Authority in the negotiation of a new use and lease agreement; assisted in resolving a dispute with a fixed-base operator culminating in a new lease
  • Represented the Dallas/Ft. Worth Airport Board in restructuring rates and charges for air carriers operating at the airport that required sophisticated legal advice concerning compliance with federal regulatory requirements applicable to rates and charges that, in turn, required an in-depth understanding of the structure of the cost centers and revenue sources at the airport
  • Assisted Baton Rouge Metropolitan Airport in the negotiation and adoption of an ordinance providing for the terms and conditions, including rates and charges, under which airlines may operate at the airport
  • Represented a consortium of airports with respect to the Chapter 11 bankruptcy filing by American Airlines and its affiliates
  • Successfully led restructuring of lease with Delta that left $500 million of special facilities revenue bonds outstanding during Delta bankruptcy; included negotiations with Delta, bond insurer, and trustee
  • Negotiated new fuel system lease with Northwest Airlines during bankruptcy filing
  • Served as legal liaison from Massport to the Central Artery/Tunnel (“Big Dig”) project, including structuring acquisition of roadway assets and overseeing transfer
  • Negotiated lease as Massport’s counsel with JetBlue at Logan International Airport allowing JetBlue to grow from four gates to all of Terminal C

Professional and Civic Activities / Awards

  • Federal Bar Association (Member 2008–Present; Chair of Transportation and Transportation Security Law 2018–2019)
  • Legal Committee Chair, Transportation Research Board, Airport Cooperative Research Program (ACRP) (2015–2018)
  • Airports Council International – North America (Member, Legal Steering Committee 2016–2017; Board Chair, World Business Partners/Associates 2014–2015; Board Member, World Business Partners 2012–2016)
  • American Bar Association (2007–Present)
  • National Association of Bond Lawyers (1990–Present)
  • Volunteer Lawyers Project Pro Bono Award (1989)
  • Past Board Vice President, Habitat for Humanity North Central Massachusetts, Inc.

News & Publications

Presentations

35th Annual Airport Law Workshop
10.14.19
35th Annual Airport Law Workshop
10.14.19
35th Annual Airport Law Workshop
10.14.19
34th Annual AAAE Basics of Airport Law Workshop and 2018 Legal Update
10.30.18
34th Annual AAAE Basics of Airport Law Workshop and 2018 Legal Update
10.30.18
34th Annual AAAE Basics of Airport Law Workshop and 2018 Legal Update
10.29.18

Publications

Will Ground Access Woes and Federal Revenue Restrictions Choke U.S. Airports?
29 The Air & Space Lawyer 2
July 2016
Going it alone: Establishing rates and charges by ordinance. A brief guide
10 Journal of Airport Management 3
Summer 2016
Subconsultant
Transportation Research Board's Airport Cooperative Research Program
March 2016
Subconsultant
Transportation Research Board's Airport Cooperative Research Program
August 2015
A Brief Flight Through Federal Airport Law
62 The Federal Lawyer 6
July 2015
The SEC’s Municipal Advisor Rule will prompt new practice for market participants
Co-Authored with Reed Groethe
15 Journal of Investment Compliance 2
2014
We Are Your Airports Business Peers Working for You
Centerlines
June 2014
SEC actions compel new focus on disclosure
Co-Authored with Heidi Jeffery
hfm (Healthcare Financial Management Association)
November 2013
Safety Management Systems: Minimizing Airports’ Exposure
23 The Air & Space Lawyer 23
2010
Large Capital Project: How to Save Money and Prevent Litigation
Airport Magazine
June/July 2010

Education

J.D., cum laude, Boston College Law School, 1988
M.M., Northwestern University, 1982
B.Mus.Ed., with distinction, Indiana University School of Music, 1978

Bar and Court Admissions

Massachusetts
Fourth Circuit Court of Appeals

Resources


P3 Airport Projects: An Introduction for Airport Lawyers (Second Edition)