Transportation & Logistics

Prosecuted a multimillion-dollar claim against affiliates of a bankrupt customer pursuant to a managed transportation agreement, involving parallel proceedings in bankruptcy court and state court based upon novel, intertwined, sophisticated issues under bankruptcy law, federal transportation law, and state contract law, the fusion of which ultimately assisted our client in reaching a favorable settlement. 

Defended an action filed in Georgia by a large food distributor against our clients involving $1 million+ in accruing demurrage charges connected with dozens of refrigerated containers stuck at a port, ultimately negotiating a multiparty resolution.

Defended a putative Non-Vessel Operating Common Carrier in an action pending before the Federal Maritime Commission in which a former customer was seeking a variety of remedies, including well over $1 million in detention and demurrage reparations pursuant to the Ocean Shipping Reform Act of 2022, obtaining a highly favorable decision and collection of rulings on a number of legal issues of first impression under the statute.

Defended and obtained dismissal of various officers, directors, principals, and corporate affiliates of a motor carrier in an action arising out of a fatal highway accident for which the plaintiff was seeking to pierce the corporate veil and impose alter ego liability.

Defended a distributor in a federal court action arising out of alleged breach of a national distribution agreement with claims involving more than $30 million, involving not only the defense of the claims but prosecution of counterclaims turning on complex jurisdictional and procedural issues, which in turn required significant briefing and Court involvement over matters that could have substantially interrupted or curtailed the distribution of numerous products and their availability in the retail market.

Defended a fourth-party logistics provider in a warehousing dispute in federal court involving over $5 million of inventory destroyed in a Texas warehouse fire.

Defended a publicly traded freight broker in connection with claims arising out of a high-stakes fatal highway accident in Texas and procured a complete victory in connection with a motion to dismiss based upon federal preemption. 

Defended freight broker in a substantial intrastate claim for freight damage in Alaska state court, ultimately obtaining dismissal under the Federal Aviation Administration Authorization Act in the first decision in the nation finding extra-contractual claims preempted against freight brokers.

Defended a freight broker and its employee in a seven figure noncompete dispute in Michigan state court brought by the employee’s former employer and ultimately defeating summary judgment using some novel and innovative theories, thereby favorably changing the entire settlement dynamic just weeks before trial.

Defended a freight broker in a multimillion-dollar claim involving the theft of Bitcoin servers in California obtaining dismissal of all extra-contractual claims despite adverse precedent in the Ninth Circuit, ultimately leading to a highly favorable resolution. 

Serves as outside General Counsel to the Intermodal Association of North America, the leading transportation trade association representing the combined interests of the intermodal freight industry, including intermodal and over-the-road motor carriers, railroads (Class I, short-line, and regional), water carriers, stacktrain operators, port authorities, intermodal marketing and logistics companies, and suppliers to the industry such as equipment manufacturers, leasing companies, and technology firms. 

Serves as outside General Counsel to the Transportation Intermediaries Association, a not-for-profit trade association that has, for over 40 years, provided leadership, education and training resources, and public policy advocacy to the $343 billion per year third-party transportation and logistics industry.

Advised a leading provider of a platform connecting TMS, telematics, and transportation services with prebuilt integrations in its capital raise to support operations and growth.

Advised a leading transportation technology platform provider on a capital raise to support ongoing operations and accelerate growth.

Advised a national transportation and logistics company on workforce transition planning, including strategy development and preparation of termination and rehire notices in connection with a corporate restructuring.

Challenged an NYC Taxi & Limousine Commission mandate requiring cost-prohibitive retrofits for ride-share vehicles.*

Challenged the Town of East Hampton’s plan to close East Hampton Airport to commercial traffic and immediately re-open it for private use.*

Represented Clarendon Group in its acquisition financing of AllStates World Cargo, a leading national and international transportation company.

Represented Allstates WorldCargo, a portfolio company of Clarendon Capital, in its acquisition financing of Ground Freight Expeditors.

Representation of transportation entities and non-transportation entities seeking to register and undertake operations as NVOCCs and/or OFFs.

Representation of NVOCCs and OFFs in risk management and risk prevention matters. 

Representation of ocean carriers/NVOCCs regarding maritime and multimodal contractual drafting and negotiations.

Developed parallel legal and commercial approaches for a global supplier of natural ingredients, including organic, non-GMO, and conventional product lines to manage a multi-million dollar dispute involving demurrage and detention charges against several ocean carriers.

Developed the strategic path forward and agreements for one of the world’s leading vertically integrated producers, distributors, and marketers of fresh and fresh-cut fruits and vegetables achieve the sale of two foreign-flagged ocean vessels registered in the Cayman Islands.

Addressed regulatory matters concerning the FMC and OTI (NVOCC and OFF) operating authority for a multimodal transportation services company.

Reviewed, assessed, and drafted new house bills of lading for an NVOCC that operates as an American multinational shipping and receiving and supply chain management company.

Represented an American multinational, pharmaceutical, and medical technologies corporation in drafting and negotiating Master Ground Transportation Services Agreements for freight brokerage services and motor carrier services throughout North America.

Represented a leading American big-box retail chain of home furnishing stores in drafting and negotiating Ocean Transportation Service Agreements.

Advised multiple enterprise shippers, intermediaries, and carriers to help navigate the practical impact the FMC’s Final Rule on Carrier Automated Tariffs under 46 C.F.R. Part 520 and Final Rule on Demurrage and Detention Billing Requirements under 46 C.F.R. Part 541 may have on the performance services, operations, and ongoing regulatory compliance.

Represented an American sporting goods retail chain and national apparel and accessory retailer in drafting and negotiating Ocean Transportation Service Agreements and managed its annual ocean bid.

Developed an entire suite of template agreements for all modes of transportation for one of the world’s leading manufacturer of construction and mining equipment, off-highway diesel and natural gas engines, industrial gas turbines, and diesel-electric locomotives.

Represented a leading domestic ocean shipping and integrated logistics company in an assortment of regulatory matters, including addressing FMC tariff and rate-related inquiries, matters concerning inland surface transportation movements as part of water carriage between noncontiguous domestic U.S. points of origin and destination, advising on legal, commercial, and operational risks, as well as operating authority issues.

Represented a global luxury apparel and accessories company in drafting and negotiating Ocean Transportation Service Agreements and managed its annual ocean bid.

Represented a subsidiary of one of the largest energy companies in North America in a general average matter involving multiple shippers when the carrier’s vessel caught fire while in transit in the Pacific Ocean.

Successfully defended a client importer accused of unlawful importation to resolve a civil penalty case before U.S. Customs and Border Protection with over $200,000 in cost savings.

The New Hampshire Insurance Co. v. Marinemax of Ohio, Inc., 408 F.Supp. 2d, 526, 63 Fed.R. Serv. 3d 976, (N.D. Ohio) Summary judgment regarding marine policy coverage issues.

Successfully defeated plaintiff’s attempt to remand trucking liability claim to state court on grounds that concurrent jurisdiction did not destroy federal question jurisdiction for purposes of removal to federal court. (Acuity, a Mut. Ins. Co. v. YRC Inc., No. 12cv2497), 2013 WL 646218 (N.D. Ohio 2013).

Mergers and Acquisitions – Providing valuable strategic vision on post-close opportunities, industry-focused due diligence review, counsel on legal and regulatory requirements, operational best practices, and commercial standards for targets in all modes and industry segments.  Deal experience includes the digital brokerage, last mile and courier, air and ocean forwarder, value-add warehousing and fulfillment, and over-the-road trucking segments.

Licensing and Permits – Acquiring, transferring, updating, and modifying licenses, permits, and operating authorities including those required for motor carrier, indirect air carrier, foreign air freight forwarder, ocean forwarder, and non-vessel operating common carrier operations.

Obtained dismissal of state law claims in suit seeking damages against transportation provider on grounds of federal preemption under Carmack Amendment. 

Obtained denial of class certification against motor class in nationwide class action alleging breach of contract, fraud, and violations of the Truth In Leasing regulations.

Frankenmuth Mut. Ins. v. D.J. Franzen, Inc., 2008 WL 3836535 (N.D. Ohio) Granting dismissal based upon federal Carmack Amendment preemption.

Defended transportation company at trial, in suit alleging negligence in loading of cargo.

F.M. Machine Co. v. R&L Carriers, Inc., 2009 WL 175977 (N.D. Ohio), Fed. Carr. Cas. P. 84, 610 Partial summary judgment enforcing liability limitations of motor carrier.

Associates Insurance Co. v. Whittington, 170 F.Supp. 2d 1119 (N.D. Ohio) Trucking insurance coverage summary judgment victory.

The company plans to accelerate investment in product and network expansion, both in the US and internationally.

Represent aircraft owners and purchases in leaseback and purchase agreements.

Represented businesses in Part 107 Remote Pilot and UAV certification, compliance, and airspace regulations.

Transportation and Logistics – Strategic advice and operations counsel on all aspects of transportation and logistics operations including development of new service lines and market entry, inter-company and third party relationships, equipment sourcing and asset management, driver sourcing and safety management, independent contractor owner-operator relationships, technology solutions, last mile operations, middle mile operations, drayage operations, import and export services, all forms of operational and customer contracting, and dispute resolution.

Supply Chain Management – Advising on global supply chain risk and best practices including supply and service procurement, vendor diligence, contracting, development of new production and distribution strategies, and dispute resolution. 

Houmani v. Roadway Express, Inc., 2008 WL 731497 (N.D. Ohio) Freight loss and damage litigation; prevailed on summary judgment.

Automated Window Machinery, Inc. v. McKay Insurance Agency, Inc., 320 F.Supp. 619, Fed. Corr. Cas. P. 84, 343 (N.D. Ohio) Granting dismissal on federal Carmack Amendment preemption grounds.

International Trade Compliance – Preparing risk assessments for current and prospective international operations, developing meaningful compliance programs and pragmatic operating procedures, providing reasonable ad hoc advice as situations arise, preparing root cause analysis reports and producing corrective action plans for implementation, assisting in the determination of whether to submit voluntary self-disclosure notices, and representing clients during investigations and enforcement actions to minimize risk and mitigate exposure.

DWC Company v. CSX Transportation, Inc., 2009 WL 150671 (S.D. Ohio) Removal approved based upon 28 U.S.C § 1337’s “other paper” language.

Counsel to various national transportation companies in breach of contract actions in California, Delaware, New Jersey, New York, and Pennsylvania.

Counsel to international distributor in personal injury action in Pennsylvania.

Defended moving company for alleged violation of Truth-In-Leasing Regulations in putative nationwide class action.

Terminal Warehouse, Inc. v. CSX Transp., Inc., Fed. Corr. Cos. P. 85,442 (6th Cir.) Appeal of Surface Transportation Board decision as to railroad abandonment.

Obtained dismissal of trucking liability claim under Carmack Amendment due to insufficient evidence of damage.

Successfully resolved multi-state class action alleging violations of Truth-In-Leasing Regulations by motor carrier.

Represent and advise airports on FAA airport compliance and reporting requirements.

Mid-West Materials, Inc. v. Packard Logistics, Inc., 2007 WL 893890 (N.D. Ohio) Summary judgment dismissal; Carmack Amendment federal preemption.

Halpern v. Atlas Van Lines, 2009 WL 484202 (N.D. Ohio) Partial summary judgment, and awarding sanctions and fees.

Representation of the Intermodal Association of North America in connection with the very significant Hanjin bankruptcy in Bankruptcy Court in New Jersey. Obtained a court order prohibiting Hanjin from imposing detention charges on containers and chassis that motor carriers, shippers, and others could not return to Hanjin. This was a very substantial achievement for the intermodal industry and provided much needed certainty to those involved in intermodal transportation.

Smeltzer, et al. v. Binsley, et al., 2007 WL 397336, Ohio App. 9. Dist., No. 23092, 2007

Shonac Corporation v. Maersk, Inc. 159 F.Supp. 1020, 2001 A.M.C. 1924 (S.D. Ohio) Summary judgment regarding damages recoverable in a COGSA maritime case.

Counsel to various shippers, consignees, brokers, and transportation companies in freight claims and payment disputes across the company.

Counsel to international transportation company and transportation trade group in Chapter 15 Hanjin bankruptcy in New Jersey.

Brennan v. A-A Auto Transport, Inc., 2007 WL 2886355 (N.D. Ohio) Motion for Judgment on the pleadings granted; federal Carmack Amendment preemption.

Counsel to various transportation defendants in TransVantage bankruptcy in New Jersey.

Carr v. Olympian Moving & Storage, Fed. Carr Cas. P. 84, 459 (N.D. Ohio) Dismissal on complete federal Carmack Amendment preemption grounds.

Provide compliance counseling to motor carriers and transportation brokers under federal Moving Ahead for Progress in the 21st Century Act.

Successfully negotiated contractual disputes between freight logistics and brokerage companies and motor carriers.

Represented freight logistics and brokerage company in various breach of contract actions against shipping customers and motor carriers.

Defended freight logistics and brokerage company in tort claim brought by shipper of cargo damaged during rail transportation.

Represented manufacturer in Carmack and breach of contract dispute against logistics company and motor carrier following destruction of its cargo in train crash.

Defended freight logistics and brokerage company in breach of contract dispute and obtained dismissal on jurisdictional grounds.

Defended motor carrier in Carmack dispute and obtained dismissal of lawsuit on summary judgment, including successfully defending dismissal on appeal to the U.S. Court of Appeals for the Sixth Circuit.

Represented W.W. Williams in its sale of Auto Safety House, a commercial truck solutions provider and bus dealer, to Reading Truck Group.

Represented Allstates WorldCargo, a portfolio company of Clarendon Capital, in its acquisition of Ground Freight Expeditors.

Represented Clarendon Group in its recapitalization investment in Phoenix Intermodal Services, a leading national intermodal transportation business.

Represented Clarendon Group in its acquisition of AllStates World Cargo, a leading national and international transportation company.

Represented a global transport and logistics company in a warehouse dispute, successfully defending the company’s assertion of a warehouseman’s lien against an application for a writ of possession, which led to a favorable settlement shortly thereafter.

Contract Drafting and Negotiation – Drafting and negotiation of all manner of services contracts including: Motor Carrier, Broker, and Forwarder Services Agreements; Courier and Last Mile Delivery Services Agreements; Dray Agreements; Intermodal Services Agreements; Air Forwarding and Indirect Air Carrier Agreements; Air Charter and Block Space Agreements; Ocean Freight Forwarder and Non-Vessel Operating Common Carrier Agreements; Warehousing and Fulfillment Agreements; Distribution Agreements; Customs Broker, Export Forwarder, and Collateral Access Agreements; Power of Attorney Forms; Equipment Interchange Agreements; Equipment Lease and Rental Agreements; Independent Contractor Owner-Operator Lease Agreements; Bills of Lading and Waybills Terms; and Terms and Conditions of Service or Use.

Regulatory Enforcement – Successfully representing clients during regulatory enforcement investigations and audits, often with the elimination or mitigation of penalties, including experience before the: Federal Motor Carrier Safety Administration (FMCSA), Transportation Security Administration (TSA), Federal Aviation Administration (FAA), Federal Maritime Commission (FMC), Federal Railroad Administration (FRA), Pipeline and Hazardous Materials Safety Administration (PHMSA), Customs and Border Protection (CBP), Bureau of Industry and Security (BIS), Office of Foreign Assets Control (OFAC), and State Public Utilities Commissions (PUC). 

Served as in-house labor counsel for five years for Leaseway Transportation, which became Penske Logistics. Handled transportation-related labor matters in that capacity throughout the country, including, but not limited to, employment litigation, labor arbitrations, national master labor agreement negotiations, local union bargaining, EEO matters, DOT compliance, Wage&Hour investigations, and OFCCP audits.

Counseled logistics division of multi-national corporation on drug-testing and implementation of substance abuse rehabilitation program.

Prepared and updated employee handbooks for multi-state transportation & logistics companies.

Prepared non-competition agreements and other restrictive covenants for management-level employees in transportation & logistics companies.

Performed due diligence on labor & employment aspects of numerous mergers and acquisitions involving transportation & logistics companies.

Defended transportation & logistics companies against Truth-in-Leasing Act class actions.

Defended transportation & logistics companies against class actions for contractor misclassification under the Fair Labor Standards Act (FLSA) and state wage & hour laws.

​Represented buyer in its add-on acquisition of a third-party transportation logistics services business and a motor carrier services business.

​Represented a private equity sponsor in its acquisition of the assets of a domestic and international intermodal drayage and transportation logistics company.

Represented Global Transport Logistics, Inc. (“GTLi”) in its merger with Am Trans Expedite, Inc. and acquisition by Hudson Hill Capital to form Fusion Transport, a new logistics platform.