To: Page 4 of 9 2012-03-28 18:37:26 EDT 12023799195 From: Christian Curran 

BEFORE THE 

DEPARTMENT O.F TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

In the matter of the cancellation of the 

Air Taxi authority issued to: 

VIH COUGAR HELICOPTERS, INC. 

Docket DOT -OST -2012-0022 

REPLY IN SUPPORT OF VIH COUGAR'S 

OBJECTION TO THE AFFIDAVIT OF JONATHAN BLANK 

AND OF OTHER PETROLEUM HELICOPTER, INC. COUNSEL 

Communications with respect to this document should be sent to: 

David M. Nadler 

David Y. Yang 

Andrew E. Smith 

DICKSTEIN SHAPIRO LLP 

1825 Eye Street, NW 

Washington, DC 20006 

Telephone: (202) 420-2200 

Facsimile: (202) 420-2201 

nadlerd@dicksteinshapiro.com 

yangd@dicksteinshapiro .com 

smitha@dicksteinshapiro.com 

Counsel to VIH Cougar Helicopters, Inc. 

Dated: March 28, 2012 

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To: Page 5 of 9 2012-03-28 18:37:26 EDT 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

12023799195 From: Christian Curran 

In the matter of the cancellation of the 

Air Taxi authority issued to: Docket DOT -OST-2012-0022 

VIH COUGAR HELICOPTERS, INC. 

REPLY IN SUPPORT OF VIH COUGAR'S 

OBJECTION TO THE AFFIDAVIT OF JONATHAN BLANK 

AND OF OTHER PETROLEUM HELICOPTER, INC. COUNSEL 

On ~arch 23, 2012 VIR Cougar Helicopters, Inc. ("VIH Cougar") learned that Jonathan 

Blank of K&L Gates LLP, counsel for Petroleum Helicopters, Inc. ("PHI"), a competitor of VIH 

Cougar, filed an Affidavit of Counsel with the U.S. Department of Transportation 

(''Department") seeking access to the co~fidential information that VIH Cougar has submitted to 

the Department in connection with the above-captioned proceedings over the past four years. 

That same day, VIH Cougar filed an objection to Mr. Blank's affidavit pursuant to Department 

Rules II and 12 of its Rules of Practice (14 C.F .R. §§ 302.11, 302.12). Since those events, 

VIH Cougar has learned that Attorneys John Longstreth and J. Timothy Hobbs and Paralegal 

Winthrop M. Chew, all ofK&L Gates, have filed affidavits for access to VIH Cougar protected 

information. Accordingly, VIR Cougar respectfully requests that its earlier motion regarding 

Mr. Blank's application, and now this reply in further support thereof, also be applied to the 

applications ofMessrs. Longstreth, Hobbs, and Chew. 

I. ARGUMENT 

VIH Cougar's objection asks the Department to deny interim access to all confidential 

information provided by VIH Cougar until the Department has ruled on the Rule 12 Motion that 

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To: Page 6 of 9 2012-03-28 18:37:26 EDT 12023799195 From: Christian Curran 

VIH Cougar. submitted on March 16, 2012, and if that decision is adverse to VIH Cougar, until 

the matter has been ruled upon by a court of competent jurisdiction. Counsel for PHI has 

submitted a three-page response to this objection. In his response, Mr. Blank contends that, as 

outside counsel for PHI, he should be granted access to confidential documents in this 

proceeding because he has submitted an affidavit of confidentiality pursuant to the stipulations 

set forth in the Department's March 12,2012 Show Cause Order and has averred that he does not 

engage in any competitive decision-making on behalf of PHJ. Significantly, however, Mr. Blank 

agrees to be bound by any other and further protective order that the Department may impose. 

Accordingly, Mr. Blank not only acknowledges that additional safeguards are available (such as 

those found in GAO protective orders for bid protest proceedings- the gold standard for federal 

protective orders), but agrees that such measures are appropriate for purposes of these 

proceedings. 

Given that counsel for PHI does not object to the implementation of additional 

procedures to safeguard the confidentiality of VIH Cougar information, the Department should 

grant VIH Cougar's Rule 12 Motion and provide access to proposed counsel affiants, such as 

Mr. Blank (and Messrs. Longstreth and Hobbs since then), only pursuant to terms and conditions 

that are similar to those found in GAO bid protest protective orders. Among these additional 

conditions, but by no means limited to them, Messrs. Blank, Longstreth, and Hobbs should be 

required to aver that in addition to PHI, they do not engage in any competitive decision-making 

on behalf of any other actual or potential competitors ofVIH Cougar, and should further be 

required to agree to take "all precautions necessary" to prevent disclosure (and inadvertent 

disclosure) to those who are engaged in such activities. They also should be required to agree to 

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To: Page 7 of9 2012-03-28 18:37:26 EDT 12023799195 From: Christian Curran 

limit the number of copies of confidential information that can be made or distributed and be 

subject to oversight and any penalties if they violate their representations and these conditions. 

Without these additional safeguards, there is an unacceptable risk that any VIH Cougar 

protected information provided to Messrs. Blank, Longstreth, Hobbs, and Chew could fall 

inadvertently into the hands of third parties or individuals who are responsible for PHI or other 

competitive decision-making. 1 Finally, VIH Cougar has a strong interest in protecting its 

confidential and proprietary information from the competitors that have involved themselves, 

and indeed appear to be driving, these proceedings, and to have fair and reasonable procedures 

adopted which are more comprehensive than the terms that the Department has proposed in its 

Show Cause Order. 

II. CONCLUSION 

For the foregoing reasons, VIII Cougar respectfully requests that its Rule 12 Motion be 

granted and that any VIH Cougar confidential information be released to counsel and outside 

experts to interested parties in connection with these proceedings only pursuant to the terms and 

conditions set forth in VJH Cougar's Motion. 

1 Mr. Blank complains about not being served with VJH Cougar's objections to his affidavit that 

was submitted to the Department on March 23,2012. However, the complaint is without merit 

given that Mr. Blank did not even serve a "notice of appearance" in this proceeding until 

yesterday, March 27, 2012, and in any event, PHI is not and has not been admitted as a party to 

these proceedings. Although we are unaware of any service obligations in these circumstances, 

we will provide courtesy copies of non-confidential documents to Mr. Blank. 

3 

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To: Page 8 of 9 

Dated: March 28, 2012 

2012-03-28 18:37:26 EDT 12023799195 From: Christian Curran 

Respectfully submitted, 

By David~ler 

David 

~ Y. Yang 

Andrew E. Smith 

DICKSTEIN SHAPIRO LLP 

1825 Eye Street, NW 

Washington, DC 20006 

Telephone: (202) 420-2200 

Facsimile: (202) 420-2201 

nadlerd@dicksteinshapiro.com 

yangd@dicksteinshapiro.com 

smitha@clicksteinshapiro .com 

Counsel to VJH Cougar Helicopters. Inc. 

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To: Page 9 of9 2012-03-28 18:37:26 EDT 12023799195 From: Christian Curran 

CERTIFICATE OF SERVICE 

I certify that 1 have on this 28th day of March 2012 served the foregoing upon the persons listed 

below: 

Susan L Kurland 

Office ofthe Assistant Secretary for 

Aviation and International Affairs 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Room W96-495 

Washington, DC 20590 

Lauralyn Remo 

Office of the Assistant Secretary for 

Aviation and International Affairs 

U.S. Department of Transportation 

1200 New Jersey A venue, SE 

Room W96-495 

Washington, DC 20590 

Peter Lynch, AGC-300 

Asst. Chief Counsel for Enforcement 

Federal Aviation Administration 

800 Independence Ave. SW 

Washington, DC 20591 

William J. Weber 

Certification Section Manager 

FAAAFS-900 

45005 Aviation Drive Suite 131 

Dulles, VA 20166 

Roy Hardie 

Aviation Safety Inspector 

Federal Aviation Administration 

1601 Lind A venue S W, Suite 260 

Renton, W A 98057 

Andrew E. Smith 

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