Transportation

Practice Area

Transportation

The attorneys of Lewis Brisbois' Transportation Practice are extensively involved in the defense of the trucking industry, representing freight carriers, transportation brokers, truck insurers, public entities, school bus operators, long and short haul truckers, and waste management groups engaged in both intra-state and interstate transportation. We have considerable litigation and trial experience and have dealt with a broad variety of issues that are pervasive in the industry, including negligent hiring and retention, hours of service, Engine Control Module (ECM) data, messaging and positioning data, DOT compliance, and accident reconstruction. Our clients have enjoyed excellent case results through our handling of their matters.

Members of our Transportation Practice are on call 24/7 with freight carriers, transportation brokers, insurers, and third-party administrators. When called upon, members of our team manage on-scene accident investigations to assure the preservation of evidence and to maintain attorney-client privilege. We work with groups of seasoned investigators and experts who specialize in collecting and analyzing accident evidence. Together, we evaluate the physical and human factors that contribute to the cause of an accident.

In addition to defending our clients in litigation and at trial, the attorneys who comprise Lewis Brisbois’ Transportation Practice regularly handle transactional work for clients. These lawyers have extensive experience drafting, revising, and consulting on a wide array of documents and contracts generated throughout the transportation industry, including freight broker, motor carrier, shipper, and warehousing agreements. Our attorneys also assist clients with creating internal documents, such as safety and operation manuals, for owner operator, fleet-based model motor carriers and other transportation entities.

The Transportation Practice is actively involved in an array of organizations such as ABOTA (American Board of Trial Advocates), TIDA (Trucking Industry Defense Association), Defense Research Institute, and the Transportation Lawyers Association. We are committed to continuing education and keeping abreast of developments that affect large fleets, small fleets, and owner-operators.

Cargo

Working in tandem with our Transportation Practice, Lewis Brisbois’ Cargo team represents clients operating in every transportation sphere, from ground transportation (including trucks and trains) to airfreight and ocean carriage, in regulatory matters and cargo-specific litigation in both state and federal court as well as AAA arbitrations. We represent transportation companies with cargo-related matters nationally (intrastate and interstate) as well as internationally and advise clients in matters ranging from freight and household goods to catastrophic injuries, to warehousing and self-storage. We assist shippers, carriers, brokers, freight forwarders, marine & energy clients, intermediaries, NVOCCs, and consignees/consignors in matters such as:

  • Handling freight and household goods transport
  • Warehousing and self-storage
  • Drafting of contracts
  • Contract disputes
  • Carrier lien disputes
  • Freight loss and damage claims
  • Regulatory guidance, including collection of tariffs and transportation charges

Visit our Marine & Energy Practice page for more information on our capabilties in this area.

Our attorneys are adept at handling the myriad laws and regulations affecting cargo transportation, such as:

  • International Transportation Law
    • Carriage of Goods by Sea Act (COGSA)
      • 46 U.S.C. § 30702
    • Montreal Convention/Warsaw Convention
  • Interstate Transportation Law
    • Interstate Commerce Commission Termination Act (ICCTA)
      • Carmack Amendment, 49 U.S.C. § 14706
    • Federal Aviation Administration Authorization Act (FAAAA)
      • 49 U.S.C. § 14501(c)(1)
    • Federal Motor Carrier Safety Administration (FMCSA)
  • Federal Food and Drug Transportation Law
  • Food Safety Modernization Act (FSMA)
    • 21 U.S.C. § 2201
    • 21 C.F.R. §§ 1.900, et seq
  • Federal Chemical, Natural Resource, and Waste Transportation Law
  • Resource Conservation and Recovery Act (RCPA)
    • 42 U.S.C. §§ 6901, et seq
    • 40 C.F.R. parts 239 through 282
  • Hazardous Materials Transportation Act
    • 49 U.S.C. §§ 5101, et seq
  • Intrastate Transportation Law
    • State contract and/or tort remedies
    • FAAAA where applicable
    • Oversight by state departments of transportation
  • Warehousing and Self-Storage Law
    • Uniform Self-Service Storage Facility Act
    • State laws and regulations
    • Uniform Commercial Code, Article 7

Autonomous Vehicles

Lewis Brisbois' specialized autonomous vehicles (AV) team assists clients with the novel issues related to the rapid emergence of AVs. Our attorneys counsel businesses on a range of topics, including:

  • Conflicts between state and federal transportation laws;
  • Government relations and public policy;
  • Regulatory enforcement, oversight, and compliance;
  • Accident investigations;
  • Product liability counseling and defense work;
  • Privacy and data protection (as smart vehicles capture/record increasingly more data that can be used in litigation);
  • False advertising (when features don’t live up to expectations);
  • Insurance and risk management;
  • Employment matters, including misclassification and class actions;
  • Intellectual property, trade secrets, and commercialization; and
  • Logistics.

Visit our Autonomous Vehicles Practice page for more information on our capabilities in this area.

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