People

David Y. Bannard

Partner

Boston Office
617.329.4687 C 978.844.4149

Education

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

Bar Admissions

Massachusetts
Fourth Circuit Court of Appeals

Resources


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

David Y. Bannard

Dave Bannard has nearly 25 years of experience in representing airports on a wide variety of matters, including regulatory compliance, airport financings, leasing, rate-setting ordinances, defense of Part 16 actions, and concessions agreements.  He regularly counsels airports on federal grant assurances and air service incentive programs.  Dave has represented airport owners in novel public-private partnerships, including private development of a terminal for ultra-low cost carriers and 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 disclosures; intergovernmental negotiations; and terminal negotiations, permitting, financing, development, construction, and leasing.

Representative Experience

Massachusetts Port Authority
Served as bond counsel for the issuance of over $650 million in revenue bonds and over $150 million of commercial paper notes to finance or refinance improvements at Logan International Airport for the Massachusetts Port Authority; served as bond counsel for CFC-backed bonds to finance a new consolidated rental car facility; provided counsel regarding the development and implementation of its airport concessions disadvantaged business enterprise (ACDBE) program and compliance with federal ACDBE requirements; provided counsel with respect to its acquisition from the Commonwealth of Massachusetts and the Massachusetts Turnpike Authority of roadway assets constructed as part of the Central Artery/Tunnel project (the “Big Dig”) valued at $365 million, located at Logan Airport; counseled Massport with respect to the statutorily mandated transfer of a toll bridge to the Massachusetts Department of Transportation (MassDOT); counseled on the preparation of and approval by the FAA of an application to impose and use $392 million of passenger facility charges for various projects, including runway safety ends, taxiway improvements, access control improvements, a new fireboat, and terminal improvements; and assisted in the development and negotiation of a new rental car company lease between Massport and each of the nine rental car companies operating at Logan Airport.

Dallas/Fort Worth International Airport Board
Represented the Airport Board in restructuring rates and charges for air carriers operating at the airport, which 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; counseled with respect to DFW’s air carrier incentive program.

Greater Orlando Aviation Authority
Served as co-bond counsel with regards to developing a new subordinate lien indenture; served as underwriter’s counsel for $214 million financing

Salt Lake City Department of Airports
Served as disclosure counsel and led team that developed new Official Statement for $3+ billion capital program

Jacksonville Airport Authority
Assisted 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

Baton Rouge Metropolitan Airport
Assisted in the negotiation and adoption of an ordinance providing for the terms and conditions, including rates and charges, under which airlines may operate

American Airlines Bankruptcy
Represented a consortium of airports with respect to the Chapter 11 bankruptcy filing by American Airlines and its affiliates

Port of Oakland
Served as outside counsel to the Port of Oakland with respect to the complete revision of the rules and regulations for Oakland International Airport.  These rules and regulations address all aspects of operations at the Airport, including requirements affecting taxis and ground transportation operators, reasonable limitations on public expression, activities within both the public and secured areas of the terminals, and activities on the airside operations area.

Professional and Civic Activities / Awards

  • Legal Committee Chair, Transportation Research Board, Airport Cooperative Research Program (ACRP) (2015–Present)
  • 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)
  • Federal Bar Association (Member 2008–Present; Chair-Elect of Transportation and Transportation Security Law)
  • 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

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
Masters in Music, Northwestern University, 1982
B.Mus.Ed., with distinction, Indiana University School of Music, 1978

Bar Admissions

Massachusetts
Fourth Circuit Court of Appeals

Resources


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