Taylor Nelson understands the ever-changing world of the transportation industry and that next-generation technological advancements are changing the industry landscape. Our firm regularly advises on AV and emerging technologies, including on fleet integration and legal liabilities associated with shifting technologies. Recently changing technologies have reshaped the trades of the transportation and logistics sector. We help our clients navigate the legal consequences of these changes.

Unfortunately, cargo claims are an inherent part of the transportation industry. Taylor Nelson guides our clients through every phase of a cargo claim, from the initial Overage, Shortage, or Damage (OS&D) notice to the negotiation and drafting of the final settlement and release. We assist with processing, investigating, and defending these claims, using strategies around liability exceptions and limitations, contract, bill of lading, and tariff rules, salvage obligation, and shipper duties, all while recognizing the importance of your ongoing business relationships. We frequently manage active cargo situations, including container liens and tow yard negotiations. In the wake of a cargo claim, additional claims may arise, including freight charge and payable disputes, warehousing and storage reimbursement, insurance coverage and exclusion review, and subrogation demands. Our unique in-depth cargo claims experience allows us to respond quickly, thoroughly, and on a budget.

Drafting and negotiating are essential elements of the contract process. At Taylor Nelson, we make sure these essential elements work for you. Whether a carrier tariff, shipper-freight forwarder, shipper-carrier, shipper-broker, broker-carrier, co-broker, intermodal, drayage, warehousing, equipment interchange, independent contractor driver, transportation management system (TMS), or any other type of business agreement, a contract that is well drafted and carefully negotiated creates a strong foundation for the transaction and protects your interests when and if a cargo claim, freight charge and payable dispute, regulatory review or audit, CDA claim, or other commercial dispute arises. Taylor Nelson efficiently guides you through the contract process to ensure your legal needs are best protested and balanced with your business goals.

We provide business guidance from start to finish. Taylor Nelson attorneys can form your corporate entities, set up and manage your structures to be most advantageous to you, mitigate inherent risks, protect corporate assets, and defend against threats to owner’s equity. This is especially critical in defending against actions arising from cargo, property damage, and person injury claims, including the threat of nuclear verdicts. Whether your business needs guidance on initial formation, asset protection strategies, business operations streamlining, joint ventures, inter/intra-company agreements, international subsidiaries, or preparing for acquisition, reorganization, or divestiture, our legal team of business leaders will help accomplish your goals. We advise existing and startup businesses in acquiring necessary operating authorities and licenses and identify risk exposures and opportunities for growth under each operating entity.

Taylor Nelson helps our clients maximize compliance with the complex laws and regulations governing the import and export of goods in international commerce. We work to minimize risk associated with import and export activities. We provide our clients with an innovative approach to strategic customs planning and compliance by combining legal, economic, and public policy experience to obtain effective results. We navigate the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). Taylor Nelson will manage your urgent customs and border protection matters, help you reduce costs and delays and keep you in the right side of an export violation.

Misclassification occurs when a trucking company, including full truckload (TL), less-than-truckload (LTL), intermodal, dray, and home delivery carriers, identifies a driver as an independent contractor, but fails to implement and adhere to agreements, policies, and procedures that comply with federal and state regulations. The line between an employee and an independent contractor driver is often confusing, varies state by state, and requires a well-crafted independent contractor agreement to state rights and obligations consistent with such independent status. Failure to develop and abide by a compliant agreement may result in a motor carrier’s violation and liability exposure under the Truth in Leasing regulations (49 C.F.R. § 376.12). The legal issues surrounding proper classification of drivers in the trucking industry can be complex, and a motor carrier’s failure to properly classify its drivers could present a significant, material risk, but our experienced attorneys support and guide our clients in developing agreements and best practices that serve your business needs.

Since its inception, Taylor Nelson has endeavored to be on the forefront of future innovations in the transportation and logistics industry, including all aspects of the supply chain. We engage with agencies, regulatory and legislative bodies, and institutions of higher education, to promote industry knowledge, progress, and innovation. We draft amicus briefs for critical appeals. We represent, participate in, and speak at trade associations and coalitions. We are passionately committed to developing and advocating for legal and industry advancements that benefit the transportation community as a whole.

Transportation providers and companies throughout the supply chain face a myriad of risks and liability exposures, some unique to transportation and some shared among general corporate entities. While there are a number of insurance markets available to transportation providers, these coverages can be expensive, littered with exclusions, and subject to premium audits. It is important for any business to be fully aware of its operational and internal risk exposures and to comply with the contractual insurance obligations of its customers. We are well versed in bad faith and coverage law, and we work to ensure our clients are as fully protected as possible from the policies they own. Taylor Nelson works with our clients to proactively determine potential risk exposures and secure proper coverage to address such exposures with policy limits in line with a client’s risk tolerance and/or customer obligations. We work closely with the insurance industry to help develop programs that make sense for our clients, and to educate both insurers and insureds.

Our transportation and logistics clients face liability exposure every day from a broad range of risks that may arise in the normal course of business, with the greatest risk to a motor carrier’s, freight forwarder’s, or a broker’s continued operations arising from a personal injury or death. In many cases, one or more insurance policies are implicated, and your insurance company will assign defense counsel. At Taylor Nelson, we have experience both as insurance assigned defense counsel and as client’s direct counsel to work with your insurer’s assigned counsel and to protect owner’s equity for those claims that may exceed our client’s policy limits. In order to reduce such risk, Taylor Nelson conducts regular review of client’s insurance policies, corporate contracts, and risk management procedures.

The legal issues surrounding transportation services performed outside of federal purview can be complicated to navigate, but also offer opportunities to streamline operations and provide niche, local services. However, in many instances, state and local regulations may incorporate some portions of federal law, requiring partial compliance with federal regulations by such transportation entities. It is important to understand an entity’s legal obligations under such state and local laws and to ensure customer agreements align with such exempt or intrastate status. At Taylor Nelson, we have an extensive understanding of both the business and legal considerations surrounding these issues.