We assist motor carriers and intermediaries with:
We advise companies on complex logistics operations. The role of logistics in today’s supply chain continues to evolve, largely driven by e-commerce and innovations in automated technologies. Our clients provide various intermediary transport services across all modes of transportation. The roles of transport services are dynamic and often deal-specific. We support our logistics clients’ business goals by getting the terms they expect and limiting liabilities to the services that they provide. We also advise on technology and Software as a Service (SaaS) agreements, privacy and cybersecurity requirements, and electronic and smart contracts.
Mergers & Acquisitions
We guide regional and national motor carriers and intermediaries through a full range of commercial transactions such as mergers, acquisitions and divestitures, from start to successful closing. Fox attorneys bring deep industry knowledge to the due diligence process, enabling us to proactively identify and address business issues and regulations specific to the sector. We help sellers prepare their businesses to bring maximum value in the marketplace, and assist buyers in “looking under the hood” of potential acquisitions at factors such as customer/shipper contracts, equipment, technology, management, accident liabilities and regulatory concerns that pose risks. We ensure logistics and trucking companies achieve their goals for corporate growth and maximum economic benefit.
Contract Drafting & Review
Our lawyers draft, review and negotiate many of the transportation contracts common in the industry, including:
- motor carrier – shipper contracts
- independent contractor agreements
- finance agreements
- lease-purchase agreements
- equipment rental agreements
- logistics agreements
- broker agreements
- transportation services management
- vendor agreements
We work with clients to ensure the contracts they sign accurately reflect the deals they intend to make to advance enterprise goals, improve safety, increase efficiency and enhance profitability.
Technology Agreements & Compliance
Transportation and logistics companies are increasingly investing in cloud-based applications and data-driven technologies to improve efficiency and drive profits. Our team includes experienced attorneys with a focus on data privacy, cybersecurity and technology law. We help clients evaluate and review the technology (e.g. SaaS) and licensing agreements that accompany this growing array of software and hardware, ensure compliance with state, federal and international data privacy laws and implement practices to avoid and mitigate costly data breaches.
Labor & Employment Services
Our team includes labor and employment lawyers ready to handle your day-to-day human resources issues or the most acute situations involving terminations, covenants not to compete, back solicitation clauses and other issues that keep you from sleeping at night. Our team drafts employee handbooks and job descriptions for everyone from drivers to dispatchers.
Our workers' compensation defense team defends employers in claims ranging from the routine back injury to catastrophic loss and knows the intricacies of unique state statutory laws, including the unique NC Statute § 97-19.1. Additionally, our attorneys have substantial experience when it comes to defending workers' compensation claims asserted by independent contractors and the "uninsured" allegations of the state enforcement agencies.
Our experienced attorneys provide transportation companies with comprehensive and strategic representation in every aspect of workforce management. That includes union avoidance, collective bargaining of labor contracts, contract administration and representation in disputes before the National Labor Relations Board.
Transportation companies face a broad range of environmental issues, from waste management and hazardous materials handling to off location spills and releases of contamination. We have experience in addressing all forms of regulatory and litigation issues dealing with the storage, transport, use or release of hazardous materials, including Superfund and RCRA matters.
Collection & Bankruptcy Practice
Our team is versed in the trucking industry specific rules concerning the collection of motor carrier freight charges in federal, state and bankruptcy courts. This includes the specific issue relating to the "double payment" rule, when a freight broker becomes insolvent. Members of our team have achieved a victory in an appeal for collection of freight charges against a government agency. We also regularly represent and advise clients dealing with shippers, brokers or other parties who have filed bankruptcy in defending preference claims, negotiating critical vendor terms and pursuing priority status for claims when monies should be held in trust by brokers or interline carriers on behalf of motor carriers.
Our attorneys regularly assist clients with freight claims, including claims arising under the Carmack Amendment. The firm’s attorneys handle freight claims litigation across multiple states and are frequent instructors at freight claims seminars.
Safety Rating Determination, Data Q Challenges & Civil Penalties
Motor carriers are often targeted for enforcement by the Federal Motor Carrier Safety Administration. While these agents are doing their jobs in trying to keep our roads safe, our lawyers are trained to find hope in challenging regulatory decisions. Whether it is a fine, an unfavorable safety rating or a Data-Q, our trucking practice group is ready to evaluate and respond.
Surface Transportation Assistance Act (STAA) Claims
The safety regulations may also be used by employees or former employees who assert "whistleblower" claims under the Surface Transportation Assistance Act. These highly specialized claims must be taken seriously by motor carriers and other transportation entities. These statutory claims can be a nightmare if not handled by knowledgeable and competent counsel. Our lawyers are familiar with these claims and are prepared to help you navigate the land mines.
Defending Accident Claims
The group's work includes the investigation and defense of claims ranging from catastrophic injuries and fatalities to property damage and cargo losses and includes the work of the firm's emergency response team. Our lawyers have tried hundreds of truck accident cases, with experience in claims relating to negligent hiring, supervision, retention and training of drivers.
Broker Liability Claims
Another area the group handles is defending "broker liability" claims. These claims against brokers for the negligent contracting of motor carriers involve particular issues that are familiar to our team. Our lawyers are the first known to have raised FAAAA preemption in the broker liability/tort context.
Insurance Coverage Issues
Our lawyers have handled a number of nationally publicized appeals on the MCS-90 and related filings for truck insurers. Other coverage issues relating to trucking policies are the frequent subject of our case dockets.
Members of the firm are also engaged in representing transportation companies and their owners in:
- employee benefit plans (ERISA)
- wealth transfer management
- corporate planning and structuring, including mergers and acquisitions
- contracts and commercial agreements
- Fair Labor Standards Act (FLSA) – Wage & Hour
- workers’ compensation
- tax services
- foundation documents for businesses