Timothy McCulloch focuses his practice in business and commercial litigation with particular emphasis on the aviation industry. He represents numerous commercial aircraft operators, flight schools, fixed-based operators and airport sponsors. Mr. McCulloch represents banking institutions seeking to judicially or non-judicially foreclose upon aircraft loans. He has defended aircraft operators, fixed-based operators and airport sponsors against negligence claims, and has first-hand experience with airport land use, Part 16 complaints, permitting, noise, hangar condominium development, environmental, and grant assurance compliance issues.
Mr. McCulloch has substantial experience with unmanned aerial vehicles (UAV) and unmanned aerial systems (UAS). He has negotiated Letters of Agreement (LOA) for near airport operations and consulted with UAV and UAS operators in obtaining Section 333 waivers, COA's, and SAC's as well as FAA regulatory compliance.
Mr. McCulloch has negotiated through-the-fence agreements on behalf of both airports and developers. He has litigated disputes between competing fixed-based operators spurred by allegations of procurement code and federal grant assurance violations, and has advocated for aircraft owners in disputes with aircraft manufacturers and aircraft management companies. Mr. McCulloch also represents commercial aviation interests and is experienced in corporate aircraft ownership, flight-time sharing and shared-ownership structures, as well as aircraft management and leasing structures. Additionally, he has experience handling collections for a national bank, a large equipment manufacturer, and various commercial entities.
Prior to joining Hinshaw & Culbertson LLP in May 2014, Mr. McCulloch was a co-managing partner of the Phoenix office of a national law firm.
While attending law school, Mr. McCulloch interned with the California Department of Transportation, concentrating on airport and aviation law while serving as a legal assistant to the state attorney attending to state aviation matters.
Prior to entering the practice of law, Mr. McCulloch was a full-time certified flight instructor specializing in teaching advanced aerobatics. He has flight time teaching in the most advanced aerobatic trainers in the world, including Extra 300s, Pitts Specials, and Sukhois. With more than 5,500 hours of flight time, he has both a flight instructor credential and a commercial, multi-engine license with instrument.
- Arizona Business Aviation Association (AZBAA), Board Member
- Aircraft Owners and Pilots Association (AOPA), Legal Services Attorneys
- National Transportation Safety Board (NTSB), Bar Association Member
- International Aerobatic Club (IAC), member and competitor
- Arizona Airports Association (AZAA), member
Honors & Awards
- Recognized as a "Rising Star" by Arizona Super Lawyers Magazine (2012 & 2013)
Mr. McCulloch's clients have included numerous entities and individuals prosecuted by the Federal Aviation Administration, many of which face substantial civil penalties or revocation of all certificates or both. He has an established track record of negotiated settlements with the Federal Aviation Administration, which have resulted in substantially lessened penalties from those the agency initially sought. Mr. McCulloch also has experience defending airmen and others from emergency revocation actions. Following is a selection of his representative matters:
- Obtained and defended TROs and preliminary injunctions in both state and federal courts.
- Defended aircraft operators, fixed based operators and airport sponsors against negligence claims.
- Handled judicial and non-judicial foreclosure and dispossession of aircraft on behalf of banking institutions.
- Litigated disputes between competing fixed-based operators spurred by allegations of procurement code and federal grant assurance violations.
- Drafted governing documents for sophisticated hanger development and condominium structure.
- Represented commercial aviation interests and is experienced in corporate aircraft ownership, flight-time sharing, and shared-ownership structures as well as aircraft management and leasing structures.
- Negotiated settlements with the Federal Aviation Administration which have resulted in substantially lessened penalties from those the agency initially sought.
- Defended airmen and other commercial aeronautical providers from emergency and non-emergency revocation and suspension actions initiated by the Federal Aviation Administration.
- "Overview of FAA Order 5190.6B," Role of the Attorney Workshop, Southwest Association of American Airport Executives, January 29, 2010.
When not practicing law, Tim enjoys spending time with his family, hiking and flying.
J.D., University of California, Davis, 2004
B.A., magna cum laude, Political Science, University of California, Irvine, 2001
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Federal Claims
- U.S. District Court for the District of Arizona