"Marc is probably the pre-eminent transportation lawyer in North America at this time. He has tremendous depth of knowledge across the sector." – Benesch client, Chambers USA
“Marc is extremely well informed, is able to quickly get to the crux of the issues and can seamlessly merge practical with legal knowledge." – Benesch client, Chambers USA
“Marc has a very strong reputation and is a fabulous attorney. He is highly responsive, extremely knowledgeable and gives great guidance.” – Benesch client, Chambers USA
“Marc is very experienced, great at what he does and very focused on these issues.” – Benesch client, Chambers USA
“Marc has fantastic legal skills and responsiveness as well as a fundamental understanding of our business." – Benesch client, Chambers USA
“Marc brings an excellent balance of business experience and legal expertise to every issue." – Benesch client, Chambers USA
“Marc is an industry thought-leader." – Benesch client, Chambers USA
Marc is a trusted advisor to providers and commercial users of transportation, logistics, warehousing and other supply chain services across North America and beyond. A litigator by trade, he regularly consults with clients regarding contracting practices and operating procedures, helps them navigate the changing regulatory landscape, manages internal investigations and advises on best supply-chain practices. Marc also provides strategic and business counsel to help clients minimize liability and just as importantly, position their businesses for growth. A consummate connector and problem solver with deep industry knowledge, Marc routinely finds creative solutions to his clients’ most vexing challenges and their most ambitious objectives.
Over the course of nearly 30 years, Marc has also litigated a wide variety of transportation and logistics-related disputes in state and federal courts nationwide, as well as before regulatory bodies. He represents international and domestic carriers of all modes, freight forwarders, transportation brokers, warehousemen, third-party logistics providers and commercial shippers in a diverse array of surface, air and ocean disputes. These include high-dollar cargo claims, freight charge and pricing controversies, breaches of transportation, logistics and warehousing agreements, prosecution of subrogation claims, insurance coverage disputes, trade-secrets and unfair competition litigation, class action defense and other complex business disputes. He also defends carriers, third-party logistics providers and shippers in catastrophic injury actions arising from the transportation of goods.
Representative Experience
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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.
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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.
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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.
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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.
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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.
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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.
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Defended a warehouse operator in a nearly $10 million dollar dispute in federal court proceedings in Ohio and Massachusetts over termination of the operator’s relationship with an e-commerce retailer, successfully obtaining a series of favorable rulings regarding the customer’s claims.
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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.
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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.
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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.
