Overview
Vorys understands the risks inherent in the transportation and logistics industry and we frequently work with for those involved to help them identify, manage and avoid those risks effectively. We routinely advise our clients on matters such as:
- Intermediary, shipper, carrier (all modes), warehouse and other transportation contracts
- Freight loss and liability
- Federal Motor Carrier Safety Administration (FMCSA), Food Safety Modernization Act (FSMA), and similar regulations
- Import and export of goods, customs, tariffs and clearance of merchandise
- Privacy and data security
- Negligent hiring, vicarious liability and advertising practices
- Warehousemen liability and related issues
- Non-competition and non-solicitation agreements, development, enforcement and defense
- Independent contractor, bona fide agents and misclassification
- Employment policies and practices
- Insurance coverage and subrogation
- Environmental regulations
- Intellectual property, including development of software licensing agreements
- Real estate, including economic development incentive agreements
- Corporate structure and governance issues
Additionally, our multidisciplinary group of transactional, regulatory and litigation attorneys regularly assist clients with drafting, negotiating and revising their contracts, identifying and mitigating or avoiding risk, negotiating and resolving disputes.
Who We Represent
Our lawyers represent 3PLs, freight forwarders, retail companies, manufacturers, truck, rail, overnight package, air cargo and passenger carriers, warehousemen and insurers who face a wide spectrum of legal issues.
Litigation and Dispute Resolution
When it comes to litigation, our practice in the transportation and logistics industry is broad, ranging from recovery of damages for cargo loss, breach of contract, misappropriation of trade secrets and fraud; to enforcement and defense of non-compete and non-solicitation agreements; to defense of personal injury, breach of contract, negligence and employment claims. We tailor our services to fit the individual needs of our transportation and logistics clients.
Our experience includes counseling and representing clients in a variety of matters, such as:
- Defense of labor and employment disputes
- State and federal wage and hour issues
- Defense of personal injury claims
- Federal, state and local regulatory compliance
- Highway and transit funding compliance
- Environmental compliance and facilities expansion
- Tax issues
- Defense of governmental agency enforcement actions
- Protection of intellectual property and enforcement of intellectual property rights
- Defense against Jones Act claims
Experience
We have vast experience and an acute understanding of the transportation and logistics industry. Our experience in this industry includes:
- Drafting, negotiating and revising shipper-broker, shipper-carrier, broker-carrier, freight forwarding, warehouse and other transportation-related agreements for large, medium and small intermediaries, freight forwarders, major retail and manufacturing clients locally, regionally and nationally.
- Representing brokers and shippers regarding a wide-variety of cargo claims involving a wide variety of goods.
- Counseling brokers regarding cybersecurity and mitigation of risk operationally and contractually.
- Counseling clients on Ohio intrastate regulatory compliance with respect to for hire and private motor carriers with the PUCO and obtaining for hire certificates from the Federal Motor Carrier Safety Administration.
- Representing brokers and major carriers in personal injury matters, insurance coverage matters, commercial litigation, employment, workers’ compensation and trade secret matters.
- Advising companies with shipping operations regarding restructuring their organization to place all trucking/shipping operations into a separate subsidiary for limitation of liability purposes.
