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Phillip Durham

Partner
Holland & Knight

Practices: Aircraft Finance | Structured Finance | Aviation | Business Aviation | International and Cross Border Transactions | Latin America Practice | Middle East Practice | Commercial Lending | Equipment Financing and Leasing | Financial Services | Corporate Services | Mergers and Acquisitions | Securitization
Client Sectors: Transportation & Infrastructure
Phillip Durham is a partner in the New York office of Holland & Knight. His practice focuses on domestic and cross-border asset-based financing, leasing, acquisitions, sales and securitizations, with a particular emphasis on aviation and equipment finance in Latin America, the Middle East, Africa and Asia.
Mr. Durham’s client roster includes some of the biggest names in aviation finance for which he has handled billions of dollars of transactions around the globe, including Airline Economics’ 2015 Debt Deal of the Year, the Airfinance Journal’s 2015 North American deal of the year, the Airfinance Journal’s capital markets deal of the year and Jane’s Transport Finance’s aviation deal of the year. His work on behalf of these clients, in addition to his leadership in the industry, has resulted in him garnering numerous industry accolades. Mr. Durham represents operating lessors, international financial institutions, airlines, private equity firms, high-net-worth individuals and investors in connection with all manner of equipment operating leases, equipment sales and acquisitions, asset-backed financings, credit facilities and capital markets offerings, such as portfolio securitizations and asset-backed bond issuances. Mr. Durham also has significant experience in negotiating restructurings of equipment finance transactions and assisting with foreclosures, repossessions and the remarketing of aircraft, aircraft engines and aircraft spare parts in jurisdictions all over the world.
In addition to his work around the globe, Mr. Durham has dedicated himself to sharing his substantial knowledge of the equipment finance industry. He has had numerous speaking engagements, from addressing the Colombian financial services industry in Bogotá (with respect of secured transaction reforms), to speaking at the Latin American Airfinance conference in Rio de Janeiro, to presenting at the Cape Town Academic Conference at Oxford University. Mr. Durham is a current member of Executive Board of Directors for the Mining, Agricultural and Construction Equipment Working Group and has been actively involved in the study group tasked by UNIDROIT with developing a 4th Protocol to the Cape Town Convention covering mining, agricultural and construction equipment. His depth and breadth of experience in aviation finance transactions in Latin America also led to him being appointed to co-direct the annual Euromoney School of Aviation Finance in Latin America. Closer to home, he acts as the chairman of the American Bar Association’s Aircraft Financing Subcommittee.

Honors & Awards

  • Chambers USA - America’s Leading Business Lawyers guide, Transportation: Aviation: Finance, 2012-2018
  • The Legal 500 USA, Asset Finance and Leasing, 2012, 2014-2017; Aviation and Air Travel: Finance, 2018
  • Transportation Law Rising Star, Law360, 2017
  • The Legal 500 Latin America, Banking and Finance, 2016, 2017
  • Who’s Who Legal: Transport, Aviation Finance, 2017, 2018
  • Client Choice Award: Aviation – New York, 2016
  • Guide to the World’s Leading Aviation Lawyers, Legal Media Group’s Expert Guides, 2013-2018
  • The Best of the Best USA, Aviation, Legal Media Group’s Expert Guides, 2014, 2016-2018
  • Aviation ABS Deal of the Year, Global Transport Finance, 2015
  • Debt Deal of the Year, Airline Economics, 2015
  • North American Deal of the Year, Airfinance Journal, 2015
  • Rising Star, New York Super Lawyers magazine, 2013-2017
  • Aviation Finance Law Rising Star, Airfinance Journal, 2012
  • Northern California Rising Star, Northern California Super Lawyers magazine, 2011 - 2012
  • Capital Markets Deal of the Year, Airfinance Journal, 2011
  • Aviation Deal of the Year, Jane’s Transport Finance, 2006
  • Order of the Coif
  • Alan I. Widiss Faculty Scholar Award for Outstanding and Distinctive Scholarly Paper
  • Iowa Law Review, Articles Editor

Memberships

  • American Bar Association, Aircraft Financing Subcommittee, Chair
  • Aviation Working Group, Legal Advisory Panel
  • Mining, Agricultural and Construction Equipment Working Group, Executive Board of Directors
  • Wings Club
  • International Society of Transport Aircraft Trading
  • American Bar Association, Business Section and Air and Space Law Forum, Aircraft Finance and Contracts Division
  • Legal Services for Entrepreneurs, Advisory Board, 2004-2011

Publications

  • More Good News From Cape Town: How the New MAC Protocol Will Benefit the Mining, Agriculture and Construction Industries, Journal of Equipment Lease Financing, January 1, 2017
  • Cape Town Convention Closing Opinions in Aircraft Finance Transactions: Custom, Standards and Practice, Cape Town Convention Journal, November 4, 2015
  • Navigating the Challenges of the Aviation Industry in Latin America, 2014 Aviation Lawyers Expert Guide, June 2014

Speaking Engagements

  • ABA Aircraft Financing Subcommittee Annual Meeting, Chair, September 13-15, 2018
  • Latin America School of Aviation Finance 2018, Co-Director; Speaker, Restructuring: Two Views, Euromoney, September 11-12, 2018
  • EALA 7th Copenhagen Air Finance Legal Seminar, The Moderators – And A Banker; Moderator, Cape Town, What’s New, June 1, 2018
  • ABA Aircraft Financing Subcommittee 2018 Spring Meeting, Chair, April 12-13, 2018
  • Operating Leases: Explanation, Update and Practical Application, GECAS LAC Aircraft Leasing & Finance Seminar, October 25-27, 2017
  • ABA Aircraft Financing Subcommittee 2017 Annual Meeting, Chair, September 14-15, 2017
  • Novation and Assignments Under CTC, Cape Town Convention Academic Project – 6th Conference, September 12-13, 2017
  • ABA Aircraft Financing Subcommittee 2017 Spring Meeting, Chair, April 6-7, 2017
  • Cape Town Convention Closing Opinions, Aviation Working Group Legal Advisory Panel Spring Meeting, May 25, 2016
  • ABA Forum on Air & Space Law’s 2015 Aviation Finance Conference, Program Committee, December 3, 2015
  • ABA Aircraft Financing Subcommittee 2015 Annual Meeting, Vice Chair, Primer Program for Less Experienced Attorneys, September 17-18, 2015
  • Latin America School of Aviation Finance 2015, Co-Director; Restructuring/Repossession Case Study: Mexicana Airlines, September 14-16, 2015
  • Cape Town Convention Closing Opinions: Custom and Practice, Cape Town Convention Academic Conference, September 8-9, 2015
  • New York School of Aviation Finance 2015, Restructuring/Repossession Case Study [Cross-Border]: Mexicana Airlines, April 22-24, 2015
  • ABA Aircraft Financing Subcommittee 2015 Spring Meeting, Vice Chair, Primer Program for Less Experienced Attorneys; Lessor Panel: Publicly Traded Leasing Companies, April 16-17, 2015
  • ABA Forum on Air & Space Law’s 2014 Aviation Finance Conference, Program Committee, December 4, 2014
  • Loan and Security Structuring and Documentation on New Reforms, Reformed Secured Transactions System In Colombia: New Opportunities for Banks sponsored by Bancolombia, Asobancaria, CONFECAMARAS and IFC, Bogota, Colombia, November 24, 2014
  • Latin America School of Aviation Finance, Co-Director, October 1-3, 2014
  • Sources of Liquidity For the Brazilian Commercial Aviation Industry in 2014: Trends and Developments, Brazilian American Chamber of Commerce Breakfast Seminar, May 21, 2014
  • New York School of Aviation Finance 2014, Restructuring/Repossession Case Study (Cross-Border): Mexicana Airlines, May 19-21, 2014
  • ABA Aircraft Financing Subcommittee 2014 Spring Meeting, Vice Chair, Primer Program for Less Experienced Lawyers, April 10-12, 2014
  • ABA Aviation Finance Conference, Program Committee Member, December 5, 2013
  • Aviation Finance Panel, ALTA Aviation Law Americas Conference, September 25-27, 2013
  • ABA Aircraft Financing Subcommittee Annual Meeting, Primer Program for Less Experienced Lawyers, August 9, 2013
  • ABA Aircraft Financing Subcommittee Annual Meeting, Financing Trends for Operating Lessors, August 9, 2013
  • Commercial Aviation Finance In Brazil: Challenges And Opportunities For 2013, Brazilian-American Chamber of Commerce Breakfast Seminar, April 24, 2013
  • New York School of Aviation Finance 2013, Restructuring/Repossession Case Study [Cross-Border]: Mexicana Airlines, April 17-19, 2013
  • ABA Aircraft Financing Subcommittee Spring Meeting, Primer Program for Less Experienced Lawyers, April 4, 2013
  • ABA Business Law Section Spring Meeting, The Cape Town Convention: A Proposed Fourth Protocol for Agricultural, Construction, and Mining Equipment, April 4, 2013
  • Aviation Finance Conference, ABA Forum on Air & Space Law and ABA Aircraft Finance Subcommittee, December 6, 2012
  • Annual Latin American Airfinance Conference, Can Chapter 11 Help an Airline Address its Strategic, Cost and Funding Issues?, September 13-14, 2012
  • ABA Aircraft Financing Subcommittee Annual Meeting, Primer Program for Less Experienced Lawyers, August 3-4, 2012
  • Restructuring/Repossession Case Study: Mexicana Airlines, New York School of Aviation Finance, April 18-20, 2012
  • ABA Business Law Section Spring Meeting, The Vreeland v. Ferrer Case: Implications on the Liability Protections of Aircraft Lessors, March 2012
  • Insight Information’s Annual Aircraft Transactions Forum, Capetown Enforcement: Mexicana Airlines Bankruptcy, February 28, 2011
  • ABA Aircraft Finance Subcommittee Annual Meeting, Recent Challenges to the Hell or High Water Clause: Is New York Law a Refuge for Lessors after ACG Acquisition XX LLC v. Olympic Airlines SA?, August 6, 2010
  • ABA Aircraft Finance Subcommittee Annual Meeting, Goode Title: The Power to Dispose Under the Cape Town Convention, August 1, 2009
  • ABA Aircraft Finance Subcommittee Annual Meeting, Assignment and Assumption or Novation? Cape Town Convention Implications for the Unwary Drafter, August 8, 2008

Education

  • University of Iowa College of Law, J.D.
  • Creighton University, B.A.

Bar Admissions

  • California
  • Nebraska
  • New York

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