Regulatory

• Counseling companies in oil and gas industry, or buyers and sellers of such commodities, regarding safety laws and regulations and mitigation of liability risks.
• Filed large rate case and preliminary injunction against Class I railroad on behalf of a major electric utility and successfully settled the case.
• Representing a trade association in STB proceeding to evaluate reform of competitive access rules related to competitive switching.
• Represented a trade association in STB proceeding to reform the agency’s arbitration and mediation rules applicable to rail disputes.
• Filed comments at STB on behalf of a chemical company concerning recordation of PTC costs.
• Opposed rail abandonment of more than 200 miles of track in Northern Maine on behalf of a major forest products shipper.
• Advise companies on compliance with federal transportation statutes and regulations, including without limitation the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of 1998, Interstate Commerce Act, as amended by ICCTA, Trade Act of 2002, Maritime Transportation Security Act, Federal Hazardous Materials Regulations, Federal Motor Carrier Safety Regulations (FMCSR), and regulations of FMC, STB, Federal Railroad Administration (FRA), and FAA, among others.
• Represented a major chemicals producer in STB proceeding involving the shipment of TIH materials and the scope of railroads’ common carrier obligation.
• Represented a trade association and individual companies in STB proceeding involving the definition of a rail transportation contract.
• Represent companies in agency investigations or enforcement proceedings, involving transportation safety and security violations, shipments of hazardous materials, and compliance with FMC tariff and service contract rules.
• Developed a compliance program for automobile manufacturer regarding truck safety regulations applicable to its private fleet.
• Represented shippers and utilities in railroad merger proceedings, including UP/SP and acquisition of Conrail by CSX and Norfolk Southern Railway.
• Prepared comments in numerous rulemaking proceedings before federal transportation departments and agencies, including every rulemaking issued under OSRA, the new drivers’ Hours of Service rules, 24-hour rule, and advance reporting of cargo data under the Trade Act, among others.
• Represented an electric utility in railroad construction and crossing proceeding before the ICC (now STB).
• Participated in a major railroad proceeding before the ICC involving “bottleneck” transportation rates.
• Assist companies in obtaining federal authority (i.e. registration) from the FMCSA to operate as motor carriers and brokers.
• Assist companies in obtaining FMC license to operate as an ocean transportation intermediary, i.e. NVOCC and/or ocean freight forwarder.
• Counsel companies on the formation and operation of maritime and domestic shippers’ associations.

Commercial

• Advising oil and gas companies, or buyers and sellers of oil and gas products on liability risks arising under rail transportation contracts, railcar leases, and other commercial arrangements, and liability mitigation measures related to rail shipments
• Draft, review and negotiate a broad range of transportation contracts on behalf of shippers, receivers and transportation intermediaries, including rail, ocean service contracts, motor, and air transportation agreements, NVOCC service arrangements, contracts of affreightment, charter parties, and bills of lading.
• Advise a major automobile manufacturer on all of its transportation and logistics contracts involving the global distribution of automotive parts and finished vehicles.
• Advise clients on transportation issues related to cross-border shipments with Canada and Mexico.
• Advise clients on incoterms, terms of sale, and the UCP 500 and letters of credit.
• Prepare articles of incorporation and by-laws governing the operations of maritime and domestic shippers’ associations.

Security

• Prepared comments for a shipper-based trade association regarding the implementation of the 10+2 Rule adopted by CBP.
• Advise clients on requirements of the Trade Act of 2002, the Maritime Transportation Security Act, the Customs and Trade Partnership Against Terrorism (“C-TPAT”) program, TSA Known Shipper program, the 24-Hour Rule, FDA reporting requirements for food importers, and Hazmat security plans.
• Advised a shipper-based trade association on proposed legislation and policy issues related to transportation security.

Legislative

• Advised industry trade associations regarding proposed legislation to eliminate collective-ratemaking by ocean carriers with antitrust immunity.
• Advised industry trade associations regarding proposed legislation to enhance rail competition and reform railroad antitrust immunity.
• Directly involved in efforts to reform the U.S. Carriage of Goods by Sea Act (COGSA), and served as an advisor to the State Department in negotiations before UNCITRAL to develop a new international maritime cargo liability treaty, known as the Rotterdam Rules.
• Worked directly with Congressional staff and industry representatives to obtain passage of the Ocean Shipping Reform Act of 1998.
• Worked on behalf of a trade association seeking adoption of the Intermodal Safe Container Transportation Amendments Act of 1996 and the ICC Termination Act of 1995.

Litigation/Arbitration

• Representing a shipper-based trade association as an amicus curiae in the Ninth Circuit Court of Appeals in an action concerning whether proposed regulation of the truck drayage industry as part of the “Clean Truck Program” adopted by the ports of Los Angeles and Long Beach is subject to federal preemption.
• Successfully handled an appeal before the U.S. Court of Appeals for the Fourth Circuit in a case involving delay damages awarded under the Carmack Amendment.
• Successfully represented manufacturer in “reasonable dispatch” case brought against a class 1 railroad under the Carmack Amendment.
• Arbitrated commercial dispute between shipper and its freight forwarder involving mis-payment of customs duties in Indonesia.
• Assisted exporters in collecting more than $1 million in Harbor Maintenance Tax Refunds.
• Represented an electric utility in appeal of ICC decision on bottleneck rail rates.
• Prepared amicus curiae brief to the U.S. Supreme Court in maritime cargo liability case, Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.
• Prepared amicus curiae brief to the U.S. Supreme Court in case involving constitutional challenge to the payment of the Harbor Maintenance Tax on export shipments, United States v. U.S. Shoe Corporation.