Your Host

Mr. Lapayowker devotes his law practice to corporate aircraft transactions.  He counsels corporate and individual clients, foreign and domestic, on issues relating to the acquisition, leasing, registration and financing of new and pre-owned jet aircraft (including fractional aircraft).  He counsels on a wide variety of aviation matters, including implementing tax efficient structures, related FAA and DOT regulatory matters, regulatory evaluation of operations, aircraft management arrangements, personal use issues and compensation-related SEC issues and the development of aircraft utilization policies in connection with the use of business aircraft by public companies.  He has excellent working relationships with major aircraft manufacturers which facilitates his ability to get transactions accomplished efficiently.

He is past-Chair of the National Business Aviation Association’s Tax and Regulatory Committee, Chair of its International Transactions Working Group, past Chair of its Aircraft Transactions Working Group, and a member of the Aviation Law Committee of The Florida Bar.

Stewart has written articles and editorials, has been quoted in the press, cited to by a federal appellate court and has lectured on various topics in business aviation.

Stewart is devoted to helping aircraft owners and operators find solutions to challenges that they face on a daily basis. He hosts an internet radio show PlaneTalkRadio.

He is committed to supporting a variety of charitable causes, including the Corporate Angel Network, Debbies Dream Foundation Curing Stomach Cancer, an organization devoted to curing a rare form of stomach cancer,  Wounded Warrior Project and annually does stand-up comedy at the Improv at the Hard Rock in Hollywood, Florida as part of the Debbies Dream Foundation Night of Laughter.  In 2016, he was recognized as Humanitarian of the Year by the Board of Directors of Debbies Dream Foundation.

Honors

  • Recognized as Humanitarian of The Year by Debbies Dream Foundation Curing Stomach Cancer, April 2016.

  • Selected as a 2014 Tier 1 and 2016, Best Law Firm by U.S. News and Best Lawyers.

  • Selected for inclusion in 2014, 2013, 2012, 2011 and 2010 edition of The Best Lawyers in America.

  • Selected for South Florida’s Best Lawyers (2012 and 2009 Edition; Incisive Media)

  • Selected as a Top Lawyer by South Florida Legal Guide 2009 (Volume 1, Number 1, 2008)

  • Quoted in Daily Business Review, March 24, 2008 (John Pacenti, Justice Watch, Feds Take Closer Look at Aircraft Deals)

  • Selected for Who’s Who Legal – Florida 2008; Aviation (Law Business Research Ltd.)

  • Selected for South Florida Super Lawyers 2007 (June 2007)

  • Featured in The Miami Herald, Job File (Closing the Deal on their next set of Wings) (June 4, 2007)

  • Quoted in Worth Magazine, April 2007 (Connecting Flight)

  • Cited in United States of America v. Lake, 10th Cir. U.S. Ct. App. (Jan. 5, 2007)

  • Quoted in Base and Bonus, 2006, Volume 2 No. 12, page 3 (Does Empty Return Flight Count as Comp)

  • Quoted in Base and Bonus, 2006, Volume 2, No. 7, Page 11 (BofA Execs Getting Steeper Jet Valuation)

  • Selected as on of Florida’s “Legal Elite” by Florida Trend Magazine in 2004.

  • Selected as one of “The Best of the Bar 2003” in South Florida by the South Florida Business Journal in the area of Corporate/Business Aviation

  • Rated “AV Preeminent” by Martindale-Hubbell

Lectures

  • International Aircraft Transactions, NBAA Tax, Regulatory and Risk Management Conference, October 14-15, 2018

  • Panelist, Expensive Toys, The Florida Bar International Law Section, February 16, 2018

  • Moderator, Tax, Regulatory and Other Considerations When Bringing Aircraft into the U.S., NBAA Tax, Regulatory and Risk Management Conference, October 9-10, 2017

  • Lecturer, Basic Issues in Aircraft Transactions, Palm Beach Tax Institute, October 4, 2017

  • Lecturer, ICM Aviation Corporate Aircraft Conference, Has Business Aviation Trumped?, Isle of Man, United Kingdom, June 22, 2017

  • Lecturer, ICM Aviation Corporate Aircraft Conference, How to Make Your Legal Fees as High as Possible in an Aircraft Transaction, Isle of Man, United Kingdom, June 19, 2016

  • Panelist, Business Aircraft Finance, Registration and Legal Conference, Fraudulent Transactions and Cybercrime Strategies for a Safe Closing, Boca Raton, Florida, February 12, 2016

  • Panelist, Corporate Jet Investor 2015 U.S. School of Corporate Jet Finance, Key Elements of the Sales Process, Coral Gables, Florida, October 19-20, 2015

  • Lecturer, International Aircraft Transactions, Business Aircraft Finance, Registration and Legal Conference, Bonita Springs, Florida, March 1-3, 2015

  • Lecturer, Aircraft Reporting Best Practices for Public Companies, Business Aviation Taxes Seminar, San Francisco, California, May 2, 2014

  • Lecturer and Moderator, Closing and Covering Your Assets. Closing Deals in Uncertain Times, Business Aircraft Finance, Registration and Legal Conference, St. Petersburg, Florida, February 6-7, 2014

  • Moderator, Managing International Tax and Regulatory Issues, National Business Aviation Association Annual Tax and Regulatory Conference, Las Vegas, Nevada, October 2013

  • Moderator, Off-Shore Aircraft Registration: Time to look beyond Oklahoma? Corporate Jet Investor – Corporate Jet and Helicopter Finance Americas Conference, Miami, Florida, September 9, 2013

  • Lecturer and Moderator, Wrestling with the EU – Challenges and Solutions for the VAT and EU-ETS (Emissions) Issues, National Business Aviation Association Business Aircraft Finance, Registration & Legal Conference, Bonita Springs, Florida, February 2013

  • Lecturer and Moderator, Seeking an Alternative Jurisdiction for Aircraft Registration – the Isle of Man and Other Options, National Business Aviation Association Business Aircraft Finance, Registration & Legal Conference, Bonita Springs, Florida, February 2013

  • Lecturer and Moderator, International Tax and Regulatory Issues Panel, National Business Aviation Association Annual Tax and Regulatory Conference, Orlando, Florida, October 2012

  • Lecturer, Isle of Man Aviation Conference, Isle of Man, June 2012

  • Lecturer, Part 91 Flight Department Workshop, National Business Aviation Association, Atlanta, Georgia, March 2012

  • Lecturer, 2012 Aircraft Registration Conference, Delray Beach, Florida, February 2012

  • Lecturer, National Business Aviation Association Annual Tax and Regulatory Conference, Las Vegas, Nevada, October 2011

  • Lecturer, National Business Aviation Association Aircraft Transactions Conference, New York, New York, June 2011

  • Lecturer, National Business Aviation Association Aircraft Registration Conference, Naples, Florida – February 3-4, 2011

  • Lecturer, National Business Aviation Association Annual Tax and Regulatory Seminar, Atlanta, Georgia – October 2010

  • Lecturer, National Business Aviation Association Annual Tax and Regulatory Seminar, Atlanta, Georgia – October 17-18, 2009

  • Lecturer, National Business Aviation Association Annual Tax and Regulatory Seminar, Orlando, Florida – October 18-19, 2009

  • Lecturer, 14th Annual Aircraft Transactions, New York, New York – June 1-2, 2009

  • Lecturer (legal Issues Relating to Leases and Loans – A Lender’s and Borrower’s Perspective), 16th Annual Aircraft Registry Forum, Naples, Florida – February 9-10, 2009 (scheduled)

  • Lecturer (Aircraft Acquisition Planning), National Business Aviation Association Annual Tax and Regulatory Seminar, Orlando, Florida – October 4-5, 2008

  • Lecturer (An Introduction to Business Aviation for the Non-Aviation Professional), Financial Planning Association Retreat 2008, Weston, Florida – June 1, 2008

  • Lecturer (Update on FAA and Tax Issues Relating to Business Aircraft), U.S. Trust, Bank of America and Bank of America Private Wealth Management Aviation Symposium, Orlando, Florida –April 3, 2008

  • Panelist (Corporate Aircraft Issues), Equipment Finance Leasing Association – Orlando, Florida, March 17, 2008

  • Lecturer (SEC Reporting of Aircraft Use), National Business Aviation Association Annual Tax Regulatory Seminar – Atlanta, Georgia, September 2007

  • Lecturer (Aviation Regulatory Environment), NBAA Business Aviation Taxes Forum – Chicago, Illinois, June 1, 2007

  • Lecturer (Dealing with an Imported Aircraft), 14th Annual FAA Registry Forum and the Cape Town Convention and Aircraft Protocol – Miami, Florida, February 2007

  • Lecturer (Personal Use of Corporate Aircraft), Aviation Directors Roundtable, December 2006

  • Lecturer (Cape Town Convention Language), National Business Aviation Association Annual Tax Regulatory Seminar – Orlando, Florida, October 2006

  • Lecturer (Introduction to Aviation Taxes), National Business Aviation Association Annual Tax and Regulatory Seminar – Orlando, Florida, October 2005

  • Lecturer, National Business Aviation Association Regulatory Issues Forum – Boca Raton, Florida, January 28, 2005

  • Lecturer – “Certifying a Large Aircraft Under Part 135: A Hybrid Process or Double Trouble?”, Strategic Research Institute 8th Corporate Aircraft Conference to Address Risk ad Regulatory Issues – New York, New York, July 10, 2003 – July 11, 2003

 

Publications

  • “Buying a Business Aircraft – Don’t Be Emotionally Compromised?”, Business Aviation Advisor, May 2014

  • “IRS Chief Counsel Advice Could Result in IRS Auditors Applying Federal Excise Tax to Part 91 Management Arrangements,” Vectors Florida Aviation Law Journal, Volume 2, Issue 3, November 2012

  • “Your Plane Will Punish You…If You Don’t Behave,” JSSI AirWays, Fall 2012

  • “Corporate Planes Are Assets Not Excess,” Miami Herald, April 6, 2009 (p. G-8)

  • “FAA Should Allow Executives to Reimburse Companies for Personal Aircraft Use,” Editorial, Aviation International News, February 2008

  • “Taxing Personal Use of Corporate Aircraft – A Conversation You Don’t Want But Need To Be Ready For”, Executive Flyer Magazine, Volume 5, Issue 1 May, 2006

  • “Corporate Aircraft – Why the Law is Not So Simple”, SmartBusiness (Broward/Palm Beach Edition), February, 2005

  • “Valuation of Personal Usage of Corporate Aircraft and The American Jobs Creation Act of 2004”, thecorporatecouncil.net, February, 2005

  • “Personal Usage of Corporate Aircraft and The American Jobs Creation Act of 2004 – Between a Rock and a Hard Place”, Client Advisory

  • “Corporate Aircraft” Four Common Compliance Issues, Co-author, ACC Docket 21, No. 10 (Nov/Dec), 2003

 

Transactions

* Represented aircraft owner in connection with arrangements for having its aircraft appear in the MGM major motion picture James Bond 007 Casino Royale starring Daniel Craig

* Represented aircraft owners in connection with the acquisition of G650 aircraft (new and pre-owned)

*Negotiated the purchase of one of the first Boeing Business Jets and Global Express aircraft, the first operational Eurocopter EC 155B VIP-configured helicopter delivered in the United States, as well as the related financing and completion arrangements

* Negotiated one of the first Bombardier FlexJet FlexOne aircraft program purchases

* Structured the sale of one of the first corporate aircraft to be privately owned by a Chinese company (and not the Chinese government)

* Concluded the purchase and related financing of aircraft to be based in Indonesia, Poland, the Middle East and the Caribbean

* Negotiated the purchase of a new Challenger 605 aircraft in 4 business days.

* Import of a Boeing 737-200 aircraft from Switzerland

* Import of a DeHavilland Twin Otter from Australia

* Negotiated consignment arrangements with the ministry of defense of foreign governments

* Negotiated the purchase of new Gulfstream G650, G550, G450, G350  and G150  aircraft on behalf of buyers

* Concluded the assignment of lease of Gulfstream G450 demonstration aircraft and the sale and export of the aircraft

* Represented licensed repair facility in connection with the purchase, sale and reconfiguration of regional jet for export to China

* Represented client in connection with the purchase and trade-in of Bell 430 helicopters

* Negotiated the purchase of Embraer Phenom 100 and 300 very light jet

* Represented the purchaser in connection with the purchase and related lease financing of a new Dassault Falcon 2000EX

* Consummated the acquisition and import from Italy of an Agusta AB-139 helicopter, and related completion agreement

* Represented aircraft buyers in connection with the negotiation of progress payment financing for the acquisition of Bombardier Challenger 300 and Bombardier Challenger 604

* Represented a client in connection with the importation of its U.S. registered Gulfstream G-550 aircraft into the United Kingdom for free circulation into the European Union

* Negotiated and documented Part 91 and Part 135 management arrangements of Dassault Falcon 2000EX, Challenger 300, Challenger 605 and other aircraft with regional and national charter management companies

* Represented purchaser of Gulfstream G-IV in connection with its purchase and import from Spain, and related lease financing

* Assisted with the arrangements necessary to operate helicopters from a yacht for use in the European Union and Eastern Europe

* Represented the purchaser of Boeing 737-200 from charter operator in Switzerland and subsequent import from Switzerland

* Represented the purchaser of DeHavilland Twin Otter from Australian airline and subsequent import from Australia

* Represented a client in connection with the import of its helicopters into the United States from Great Britain

* Represented a client in connection with the import of its helicopter into Bermuda from Malaysia via the United States

Education

The Wharton School of the University of Pennsylvania, B.S., Economics, 1986

Temple University School of Law, Philadelphia, Pennsylvania J.D.,1989, Honors: Cum Laude, Law Review: Temple Law Review, Research Editor

Bar Admissions

  • Florida, 1995

  • Connecticut, 2017

  • New Jersey, 1989 (inactive)

  • Pennsylvania, 1989 (inactive)

 

Positions

  • Lapayowker Jet Counsel, P.A. (Fort Lauderdale, Florida 2008-Present)

  • Partner, Private Practice in Boca Raton, Florida, 2006-2008

  • Shareholder, Akerman Senterfitt (Miami, Florida), 1996 – 2006

  • Associate, Gunster Yoakley Valdes – Fauli and Stewart, P.A. (Ft. Lauderdale, Florida), 1995 – 1996

  • Associate, Cohen, Shapiro, Polisher, Shiekman and Cohen (Philadelphia, PA), 1989 – 1995