Drafting Broker-Carrier Contracts: Navigating New Risks, Key Terms, Avoiding Compliance Traps
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss key legal and regulatory considerations for counsel drafting and negotiating motor carrier agreements. The panel will examine several issues affecting motor carriers, including updates on the regulatory framework and legal background, including FHA's MAP-21, the FAST Act, the Federal Motor Carrier Safety Administration's proposed regulations for broker transparency, and more.
Outline
- General considerations with motor carrier agreements
- Key provisions in motor carrier agreement
- Regulated and specialized commodity considerations
Benefits
The panel will review these and other important issues:
- How do the key federal, state, and international laws and proposed regulations impact the drafting and negotiation of motor carrier contracts?
- What considerations should counsel undertake when negotiating key contract terms?
- What are some common contracting pitfalls with motor carrier contracts and how can they be avoided or overcome?
Faculty
Vanessa I. Gomez
Managing Associate
Benesch Friedlander Coplan & Aronoff
Ms. Gomez counsels transportation and logistics industry service providers and commercial services users, steering them... | Read More
Ms. Gomez counsels transportation and logistics industry service providers and commercial services users, steering them through legal and regulatory challenges during the movement of goods throughout the supply chain across the nation and throughout the world. Representing U.S companies and global enterprises, she negotiates and structures contracts tailored to each transaction and her clients’ operational needs, overall business goals and risk profile. Ms. Gomez counsels companies across the supply chain, assists with international transactions and ensures her clients meet their trade compliance obligations as they transact business globally.
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Megan K. MacCallum
Managing Associate
Benesch Friedlander Coplan & Aronoff
Ms. MacCallum counsels clients across industries, modes, and from end-to-end of the supply chain. She navigates the... | Read More
Ms. MacCallum counsels clients across industries, modes, and from end-to-end of the supply chain. She navigates the legal and business issues that affect transportation, supply chain, and international trade operations. In doing so, Ms. MacCallum represents retailers, technology companies, distributors, manufacturers, carriers, brokers, warehousemen, logistics providers, and more. She offers compliance counsel, contract drafting and negotiation, representation in mergers and acquisitions, and strategic business guidance.
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Robert Naumoff
Of Counsel
Benesch Friedlander Coplan & Aronoff
Mr. Naumoff spent years serving as in-house counsel for a number of publicly-traded transportation and logistics... | Read More
Mr. Naumoff spent years serving as in-house counsel for a number of publicly-traded transportation and logistics companies. He has a strong understanding of the issues facing motor carriers, freight forwarders, freight brokers, third-party logistics providers (3PLs), and commercial shippers. In addition to his vast experience with drafting, reviewing, and negotiating a variety of commercial transactions, he brings experience in a number of matters impacting clients in the transportation and logistics space, including, but not limited to, information technology (IT), data privacy, intellectual property (IP), customs, and compliance. Mr. Naumoff has also served as primary counsel on a variety of marketing-related matters, including influencer agreements, Federal Trade Commission (FTC) disclosure requirements, CAN-SPAM, California Consumer Privacy Act (CCPA), and General Data Protection Regulation (GDPR).
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Robert Pleines, Jr.
Senior Managing Associate
Benesch Friedlander Coplan & Aronoff
In representing commercial shippers, motor carriers, freight brokers, manufacturers, and distributors, Mr. Pleines'... | Read More
In representing commercial shippers, motor carriers, freight brokers, manufacturers, and distributors, Mr. Pleines' broad transportation experience and deep regulatory and industry knowledge have proved invaluable. He negotiates transactions, advises on regulatory compliance and day-to-day business management, drafts policies and devises best practices to help clients manage risk and limit liability exposure. Mr. Pleines is experienced in representing clients in several transportation modes, including truckload, less-than-truckload, refrigerated, and final mile delivery, and he regularly provides strategic legal and operations guidance to clients who engage independent contractor owner-operators. He often serves as outside general counsel to clients, advising on formation, acquisitions and various operations-related matters, and negotiating supplier/distributor agreements and other transactions.
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