Transportation

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Overview
Experience
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Briggs and Morgan understands our clients' business regarding legal disputes and regulatory compliance in the field of transportation. We represent both transportation and distribution service providers and shippers across the country. One of our key litigators formerly served as general counsel for a national diversified transportation and warehousing business.

The combined experience of our attorneys in transportation law has often proven invaluable. No issue or question will likely arise in this area that our team has not seen before through firsthand experience in our clients' businesses. Consequently, we understand our clients face business problems and need solutions that best meet each client’s business objectives.

Since significant deregulation of the transportation industry in the 1990s, less government oversight has been available to define the rights of parties. Shippers and transportation service providers now have increased responsibility to establish and enforce the terms of their relationships through written contracts. Briggs has represented motor carriers, rail carriers, surface freight forwarders, air freight forwarders, household goods carriers, property brokers and warehousemen. Our shipper clients include a number of high-profile large retailers and medium-to-large manufacturers of finished goods.

Briggs’ experience in advocating clients' causes has involved transportation contracts, freight loss and damage claims, insurance, employment and labor relations, warehousing, equipment leasing, undercharge claim litigation and regulatory compliance, including U.S. Department of Transportation and state safety standards.

Representative Matters

  • Advised and assisted on federal/state DOT regulatory compliance, including hours of service, driver qualifications, hazardous materials and drug/alcohol testing, and the development and negotiation of motor carrier/shipper contracts.
  • Drafted, negotiated and administrated transportation agreements involving motor carriers, property brokers, freight forwarders, air freight forwarders, ocean carriers and warehouse services providers.
  • Evaluated, investigated and prosecuted/defended freight loss and damage claims in the transportation of property.
  • Prosecuted freight loss and damage claim against motor carrier for damage to food products due to failure to provide protective services.
  • Represented motor carrier clients in the drafting and administration of independent contractor services agreements.
  • Defended courier services provider in audit by Minnesota Department of Employment and Economic Development seeking to reclassify independent contractor drivers as employees.
  • Defended courier services provider in audit by Minnesota Department of Revenue seeking to reclassify independent contractor drivers as employees.
  • Advised and assisted private and for-hire motor carriers on federal DOT regulatory compliance, including DOT audits, notice of claims, civil penalties and related matters.
  • Defended claims by 3PL for nonpayment due to delays in delivery and challenge to purported lien rights for goods in transit.
  • Assisted transportation providers in asset acquisitions of other carriers.
  • Assisted client in development and administration of RFP seeking national supplier to provide and deliver products to restaurants, including drafting and negotiation of Supply and Distribution Services Agreements.
  • Defended shippers on claims by motor carriers for non-payment on brokered shipments.
  • Negotiated favorable resolution of clean-up costs associated with anti-freeze spill for Class I carrier against tank-car owner.
  • Obtained declaratory relief for Class I carrier against short-line railroad on rates and defeated $13 million claim on summary judgment
  • Regularly represent Class I railroad in condemnation proceedings initiated in Minnesota.
  • Represented Class I carrier against other Class I carrier in private arbitration over haulage and trackage rights agreements.
  • Represented a private equity firm in its divestiture of a leading provider of travel solutions for loyalty programs.
  • Represented a same-day, time-critical transportation and distribution/logistics services company in its preferred stock and secured note financing transactions.
  • Represented an airline company in its debt restructuring and share repurchase transaction.
  • Represented an airline holding company in its dissolution, plan of liquidation and distributions to shareholders.
  • Represented Chapter 11 debtor in Minnesota-based reorganization of first air carrier to file bankruptcy post-9/11, resulting in sale of airline.
  • Provide strategic counseling on intellectual property matters; license drafting and negotiation; portfolio development and pre-suit analyses for various companies.
  • Represent multiple companies in procurement and enforcement of worldwide patent and trademark rights.