Drone Compliance

Our Attorneys Assist Companies with All Aspects of Federal Unmanned Aircraft System (UAS)/Drone Compliance

Unmanned aircraft systems (UAS), more commonly known as drones, are subject to various statutory and regulatory restrictions and requirements in the United States. From defense contractors and other drone manufacturers to companies that use drones for commercial purposes, all companies that work with UAS in any capacity need to ensure that they are giving due consideration to federal drone compliance.

At Oberheiden P.C., we assist companies of all sizes with all aspects of drone compliance under federal law. We also assist with ancillary compliance matters, such as the Recreational UAS Safety Test and airspace restrictions, and those involving privacy rights and the legal implications of incorporating artificial intelligence (AI) into UAS. We represent companies facing drone-related litigation as well, including both business litigation and enforcement litigation involving the Federal Aviation Administration (FAA), U.S. Department of Justice (DOJ), and other federal agencies.

About Our UAS/Drone Practice

Our unmanned aerial systems practice involves advising and representing companies in connection with all federal compliance, regulatory enforcement, and litigation matters. The attorneys in our UAS/drone practice group are available to provide assistance with matters including (but not limited to):

Federal Aviation Administration (FAA) Compliance

The FAA is the federal agency that has primary responsibility for regulating drones in the United States. We assist our clients with all aspects of FAA compliance, including drone registration, drone pilot certification, remote ID broadcast module, standard remote ID drone, FAA exemptions under 49 U.S.C. Section 44807, experimental drone certificates, and other matters. When it comes to FAA regulations and compliance, a comprehensive approach is key, as even inadvertent oversights can lead to scrutiny from the FAA that can disrupt companies’ operations—and that can also lead to enforcement actions in some cases.

U.S. Department of Defense (DOD) Compliance

For federal defense contractors that manufacture drones, DOD compliance is essential as well. Here too, we have the experience required to advise our clients effectively. We regularly assist clients with both DOD and non-DOD procurement, and we provide representation for audits, investigations, and enforcement matters as necessary.

Privacy Compliance 

Drone flights in the National Airspace System raise a number of privacy concerns; and, while the U.S. is yet to adopt comprehensive privacy legislation at the federal level, various federal and state laws can come into play and present compliance challenges for drone manufacturers and operators alike. Several of our attorneys have extensive experience in the privacy arena, and our attorneys rely on this experience to help our clients identify and address privacy-related concerns before they lead to privacy-related litigation.

Drones and Artificial Intelligence (AI)

For many companies, drones and artificial intelligence (AI) go hand-in-hand. Along with our UAS/drone practice, we maintain an extremely active AI practice as well. Here too, we assist our clients with all aspects of compliance, contract negotiations, and defense, and we prioritize remaining up-to-date on the latest legal developments so that we can help our clients proactively manage their risk on an ongoing basis. 

Insurance Matters

Due to the liability concerns linked to UAS/drone operation, insurance is a key consideration for manufacturers and operators as well. Our attorneys assist clients with reviewing and negotiating insurance policies, in addition to assisting clients with first-party insurance claims, third-party claim defense, coverage disputes, and other insurance-related matters.

Intellectual Property Matters

Drones can implicate all forms of intellectual property (IP)—copyrights, remote identification, patents, trademarks, trade secrets, and confidential information—and, for software and hardware developers, protecting their IP rights is (or should be) a top concern. Our attorneys assist clients with all aspects of IP protection and enforcement, including aircraft registration, licenses and assignments, confidentiality agreements, and litigation when necessary.

Private and Governmental Litigation

While much of our practice is focused on helping our clients avoid litigation, sometimes litigation is simply unavoidable. Within our UAS/drone practice, we represent companies in all types of litigation involving companies, individuals, and governmental entities. This includes everything from commercial contract and insurance litigation to federal enforcement proceedings involving the FAA, DOD, DOJ, and other federal agencies.

How We Can Help

We offer a variety of services to help our clients effectively manage their risk and avoid unnecessary litigation whenever possible. When you meet with the attorneys in our UAS/drone practice group, our attorneys will assess your company’s needs and provide a detailed overview of the services and value we can provide. At Oberheiden P.C., we prioritize taking a custom-tailored approach focused on comprehensively addressing our clients’ needs without unnecessary outlays. With this in mind, some examples of the ways we can assist include:

• Drone Compliance Needs Assessment – Our UAS/drone attorneys can conduct a comprehensive compliance needs assessment based on your company’s current drone-related operations and its plans for the future. If your company currently has a compliance program in place, we can assess its efficacy, determine what works and what doesn’t, and determine what additional compliance measures (if any) are necessary.
• Drone Compliance Policy Documentation and Implementation – Effectively managing drone compliance starts with ensuring that your company has a robust set of effective compliance policies and procedures. Our attorneys develop custom-tailored compliance programs for our clients. We also assist with all aspects of drone and control station compliance program implementation, including internal training, vendor contract negotiations, and other efforts that are necessary to demonstrate a good-faith commitment to federal compliance.
• Drone Registrations, Pilot Certifications, and FAA Exemptions – Our attorneys can guide your company through the drone registration and pilot certification process with the FAA. We can also manage the process of securing FAA exemptions, Certificates of Waiver or Authorization (COAs), experimental drone certifications, and other necessary authorizations and approvals. We can manage your company’s remote ID serial number registrations, certifications, and exemptions on an ongoing basis as well, ensuring that you do not run into issues unexpectedly or unnecessarily.
• Safety Risk Analyses – Conducting safety risk analyses is a critical aspect of risk management and compliance for many companies in the UAS/drone field. We can assist with structuring safety risk analyses with a focus on federal compliance. Along with general safety risk analyses, we can also assist with analyses focused on specific issues such as high-speed drone operation, flights out of the visual line of sight, flights in close proximity to people, package delivery, simultaneous operation of multiple drones, and defense-related matters.
• Internal Compliance Assessments and Enforcement – Beyond simply establishing compliance, companies involved in the UAS/drone space must actively manage compliance on an ongoing basis. This includes conducting periodic internal compliance assessments and enforcing compliance internally when necessary. We handle these procedures on behalf of our clients, keeping their executives and key stakeholders updated, informed, and involved as necessary.
• Insurance, IP, and Transactional Matters – We also provide initial and ongoing legal representation for insurance, IP, and transactional matters. From negotiating and enforcing contracts to securing and enforcing exclusive IP rights, here too, we take a comprehensive and custom-tailored approach focused on meeting our clients’ specific needs as efficiently and cost-effectively as possible.
• Administrative, Civil, and Criminal Litigation – When necessary, we represent our UAS/drone clients in all types of administrative, civil, and criminal litigation. Our litigation practice ranges from pursuing and defending against claims in business litigation to defending companies and individuals against serious allegations in federal enforcement proceedings. If you need experienced litigation counsel, we encourage you to contact us right away.

We provide these services to software developers, drone manufacturers, commercial drone operators, federal defense contractors, and a wide range of other clients. As a full-service federal compliance and defense law firm, we are able to provide advice and representation in a wide range of other areas that are highly relevant to many of our clients as well. From antitrust compliance to securities compliance, and from defending against fraud allegations to defending against allegations of federal tax evasion, we routinely assist our clients with numerous other federal legal matters.

Our Drone Compliance Team

When you choose Oberheiden P.C., you will work closely with several members of our drone compliance team. All of our attorneys and consultants have senior level experience—including experience at the highest levels of the federal government in many cases. Our team includes:

• Former U.S. Secretary of State
• Former Director of National Intelligence
• Former Members of Congress
• Former U.S. Attorneys and Assistant U.S. Attorneys
• Former DOD-OIG and U.S. Secret Service Special Agents

By taking a team approach to our practice, we are able to provide every client with the full benefit of our attorneys’ and consultants’ collective experience. If you need to protect your company’s intangible assets, avoid unnecessary scrutiny from the FAA or DOD, or avoid unnecessary litigation, this is the level of experience you need on your side.

Speak with a Senior Drone Compliance Attorney at Oberheiden P.C.

If you would like to know more about our UAS/drone practice, we invite you to get in touch. We work with companies throughout the United States at all stages of growth. Once you get in touch, we will arrange for you to speak with a member of our team in strict confidence as soon as possible.

To schedule a call with a senior drone compliance attorney at Oberheiden P.C., please call 888-680-1745 or tell us how we can reach you online today.