David is a member of the firm's Transportation practice group. He focuses his practice on matters involving freight railroad regulation, contracting and strategy. In particular, he assists clients in understanding their rights under federal law, in reducing their rail transportation shipping costs, and in meeting regulatory requirements of the Surface Transportation Board and other federal agencies.
Focus Areas
- Transportation contracts: draft, counsel and advise.
- Rail line acquisition, including relevant documents and regulatory requirements.
- Railroad rate reasonableness at the Surface Transportation Board.
- Rail line crossings, easements and other property issues.
- Railroads’ duty to provide service under the common carrier obligation.
- Federal preemption issues related to rail transportation.
- Rail line abandonments, including relevant documents and regulatory requirements.
- Trackage rights agreements, rail line leases, and other agreements related to rail operations.
- “Surface Transportation Board Adopts New Reciprocal Switching Rules to Address Inadequate Rail Service,” Thompson Hine Transportation Update, May 2024
- “STB Proposes to Improve Shipper Access to Reciprocal Switching to Address Inadequate Rail Service,” Thompson Hine Transportation Update, September 2023
- “Congress Takes Action on Rail Safety Following East Palestine Derailment,” Thompson Hine Transportation Update, March 2023
- “STB Denies Stay of Arbitration Program Opt-In Requirement; Permits Filing of New Petitions for Stay,” Thompson Hine Transportation Update, February 2023
- “STB Adopts New Processes to Make Rail Rate Relief More Accessible to Shippers,” Thompson Hine Transportation Update, January 2023
- “STB Proposes to Amend Its Emergency Service Regulations,” Thompson Hine Transportation Update, May 2022
- “The STB Denies CN Voting Trust,” Thompson Hine Transportation Update, September 2021
- “Executive Order Targets Rail, Ocean and Air Transportation Competition and Unreasonable Practices,” Thompson Hine Transportation Update, July 2021
- “STB Adopts New Demurrage Billing Rules,” Thompson Hine Transportation Update, April 2021
- “CP and KCS Submit Merger Prefiling Notification and Proposed Procedural Schedule,” Thompson Hine Transportation Update, March 2021
- “Canadian Pacific and Kansas City Southern to Merge,” Thompson Hine Transportation Update, March 2021
- “CSX Applies for STB Approval to Acquire Pan Am Systems,” Thompson Hine Transportation Update, March 2021
- “STB Rulemaking Could Reduce Captive Rail Shipper Protections,” Thompson Hine Transportation Update, January 2021
- “Railroads Seek Changes in Revenue Adequacy Determinations,” Thompson Hine Transportation Update, September 2020
- “STB Issues Final Rule on Market Dominance Pleadings,” Thompson Hine Transportation Update, August 2020
- “STB Issues Demurrage Policy and Direct-Billing Rule; Proposes Billing Requirement Modifications,” Thompson Hine Transportation Update, May 2020
- “STB Addresses Application of Demurrage Regulation to Rail Transportation of Exempt Commodities and Boxcar Shipments,” Thompson Hine Transportation Update, March 2020
- “INSIGHT: Freight Transportation—The Ring for State v. Federal Preemption Fights,” Bloomberg Environment, October 2019
- “STB Acts on Concerns Over Unreasonable Rail Demurrage and Accessorial Rules and Charges,” Thompson Hine Transportation Update, October 2019
- “STB Proposes Rail Rate Review Reforms and Announces Revenue Adequacy Hearing,” Thompson Hine Transportation Update, September 2019
- “STB Declines to Address Safe Harbor for Railroad Fuel Surcharges,” Thompson Hine Transportation Update, September 2019
- “Appeals Court Affirms Denial of Fuel Surcharge Class Certification,” Thompson Hine Transportation Update, August 2019
- “Hazardous Materials Shippers May Benefit from Recent Regulatory Changes,” Thompson Hine Transportation Update, November 2018
- “Is Less Ever More,” Drake Law Review, 2017
- “What to Consider if You Have a Rail Line on Your Property,” GlobeSt.com, July 2016
- “Preparing for STB’s Hearing on Rail Demurrage & Accessorial Charges,” Thompson Hine Webinar, April, 2019
- “How Long is the Jurisdiction Arm of the STB?,” The Association of Transportation Law Professionals, Transportation Forum XIII, Washington, DC, November 14, 2016
- Selected for inclusion in The Best Lawyers in America® 2022-2025 for Railroad Law and Transportation Law
- Recognized in Chambers USA: America’s Leading Lawyers for Business, Transportation, Nationwide, 2016 to 2019
- Listed as a Rising Star in The Legal 500 for Transportation: Rail and Road, 2023, 2024; recommended in The Legal 500, 2018, 2019, 2021 to 2024
Professional Associations
- Association of Transportation Law Professionals
Education
- University of Virginia School of Law, J.D., 2002
- University of Virginia, 1992,
B. Arch. Hist.
Bar Admissions
- Virginia
- District of Columbia
Court Admissions
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- Surface Transportation Board Adopts New Reciprocal Switching Rules to Address Inadequate Rail Service,
Transportation Update
, May 2, 2024 - STB Proposes to Improve Shipper Access to Reciprocal Switching to Address Inadequate Rail Service,
Transportation Update
, September 18, 2023 - Congress Takes Action on Rail Safety Following East Palestine Derailment,
Transportation Update
, March 7, 2023 - STB Denies Stay of Arbitration Program Opt-In Requirement; Permits Filing of New Petitions for Stay,
Transportation Update
, February 3, 2023 - STB Adopts New Processes to Make Rail Rate Relief More Accessible to Shippers,
Transportation Update
, January 9, 2023 - STB Proposes to Amend Its Emergency Service Regulations,
Transportation Update
, May 3, 2022 - STB Hearings Include Reciprocal Switching; STB Proposes Small Rate Case Rules,
Transportation Update
, November 18, 2021 - The STB Denies CN Voting Trust,
Transportation Update
, September 1, 2021 - Executive Order Targets Rail, Ocean and Air Transportation Competition and Unreasonable Practices,
Transportation Update
, July 12, 2021 - STB Adopts New Demurrage Billing Rules,
Transportation Update
, April 9, 2021