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Industry Contacts

Kent A. Britt
513.723.4488
kabritt@vorys.com

Thomas J. Whaling
614.464.6220
tjwhaling@vorys.com 

Attorneys & Professionals

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Transportation and Logistics

Our firm provides a full range of legal services related to all aspects of the transportation and logistics industry. Our lawyers represent 3PLs, freight forwarders, major motor truck, rail, overnight package, air cargo and passenger air carriers in commercial, labor and employment, workers’ compensation, tax, corporate, environmental, intellectual property and antitrust matters, including counseling and defense of administrative and judicial proceedings. 

Our lawyers understand the risks inherent in the transportation and logistics industry.  Vorys frequently counsels transportation brokers and intermediaries on how to identify and avoid the fundamental risks 3PLs face on a daily basis.  Our lawyers understand the risks associated with and advise our clients on issues such as:

• Cargo liability, vicarious liability and negligent hiring;
• Insurance coverages and subrogation claims;
• MAP-21 regulations and compliance;
• Independent contractor and agent status;
• Advertising practices;
• Food Safety Modernization Act (FSMA) compliance;
• Electronic Logging Device (ELD) Mandate obligations; and
• Employment policies.

Our lawyers also have significant experience in developing broker-shipper contracts, broker-carrier contracts and shipper-carrier contracts, which address many of these risks and others and protect our clients.      

When it comes to litigating claims, our litigation practice in this area is broad, ranging from enforcement and defense of non-compete and non-solicitation agreements to recovering damages our 3PL clients have suffered as a result of breach of contract or negligence in the shipment of cargo.  Our lawyers also defend motor carriers and parts manufacturers against personal injury and toxic tort claims, represent various rail and air carriers in antitrust litigation, represent 3PLs in intellectual property litigation, and defend against claims under the Carmack Amendment.  Our lawyers perform legal work for a start-up, low-fare, passenger air carrier, including services related to corporate organization, governmental relations, and regulatory compliance.  We also assist major retail companies with import and export of goods, customs, tariffs and clearance of merchandise issues.  Our attorneys counsel and train major retailers on appropriately responding to union organizing activities in their distribution operations and assist retail and restaurant companies with corporate reorganizations of their trucking operations in order to maximize tax benefits.

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, including the following:

• The Carmack Amendment;
• Development, enforcement and defense of non-compete and non-solicitation agreements;
• Defense of labor and employment disputes;
• FLSA wage and hour issues
• Development of warehouse lease and operating agreements;
• Development of software licensing agreements related to transportation management systems;
• Development of mobile web applications;
• Corporate structure and governance issues;
• Defense of personal injury claims;
• Federal, state and local regulatory compliance;
• Highway and transit funding compliance;
• Economic development incentive agreements;
• Environmental compliance and facilities expansion;
• Tax issues;
• Customs, tariff and import/export clearance;
• Development of public-private projects;
• Defense of governmental agency enforcement actions;
• Protection of intellectual property; and
• Defense against Jones Act claims

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