Logistics & Transportation
Our team advises consumers and providers of logistics and transportation services throughout the supply chain. We offer clients a comprehensive understanding of the unique factors applicable to the ownership and management of a modern logistics and transportation business.
On the consumer side, our attorneys advise cargo owners, shippers (including shipper associations), manufacturers, distributors, and retailers. Our representation on the provider side includes asset and non-asset based motor carriers (drayage, TL, LTL, and last-mile delivery), property brokers, freight forwarders, customhouse brokers, ocean transportation intermediaries, and warehouse operators.
We also represent technology companies providing services to the logistics industry. Our group has extensive experience in negotiating contracts between shippers and logistic service providers, negotiating and advising on the use of independent contractor agreements, drafting payment and audit agreements, and reviewing and prosecuting insurance claims. We frequently defend against and help our clients avoid driver misclassification claims. In addition, our attorneys provide corporate advice to our logistic, transportation, and technology clients. That includes assisting with tax-advantaged formations, executive compensation planning, employee retention plans, regulatory compliance, as well as structuring mergers, acquisitions, and dispositions.
- Assisting logistics service providers, carriers, and consumers in the negotiation and drafting of underlying transportation agreements including truckload and less than truckload agreements, dedicated carriage, container and LCL agreements, intermodal contracts, ocean carrier agreements, property brokerage agreements, last-mile delivery agreements, and logistics and freight forwarding agreements.
- Representing clients in connection with the preparation of ancillary transportation agreements, such as freight auditing and payment service agreements, warehousing, as well as equipment acquisition, financing and leasing agreements.
- Counseling clients concerning cargo loss and damage claims including the assessment, prosecution and/or defense of OS&D claims and claims subject to international conventions as well as COGSA and related federal legislation.
- Protecting client interests in the context of national and international bankruptcy proceedings.
- Liability assessment, counseling and representation, reviewing contract terms and conditions, bills of lading, house and air waybills and insurance coverage.
- Counseling clients concerning DOT, FMCSA, and FMC licensing and compliance, as well as representing clients before federal and state courts and regulatory agencies.
- Reviewing and developing programs for hiring and qualifying drivers, including hours of service compliance and motor carrier safety.
- Assisting businesses in labor and employment matters including drafting owner-operator leases, independent contractor agreements, agent agreements, counseling regarding independent contractor status, workers compensation coverage, wage and hour compliance, wrongful discharge and discrimination claims.
- Personal injury claims.
- Collections, contract disputes, corporate governance, lending transactions, mergers, and acquisitions.