Drafting Carrier-Broker-Shipper Agreements: Advanced Strategies, Key Provisions, Latest Trends and Issues

Limitations of Liability, Indemnification and Hold-Harmless Provisions; Damages; Best Efforts; Reps and Warranties; Waivers

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, August 14, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide counsel in drafting carrier-broker-shipper transportation agreements. The panel will discuss advanced drafting issues and strategies for negotiating favorable contract terms on behalf of carriers, brokers or shippers to minimize liability exposure if a delay occurs, or for loss, damage or non-delivery of goods. The panel will also explore recent trends, issues and problems impacting these contracts.


Global and national economic trends have disrupted the transportation industry like never before, creating uncertainty--and the potential for new risks and liabilities--for businesses involved in transporting commercial goods: especially shippers, brokers and carriers.

The key risk-shifting provisions in transportation agreements--such as indemnification and hold harmless provisions, among others--remain the same. But the trends, issues and problems impacting shipper-broker-carrier contracts are rapidly changing. From contractual matters arising from the ever-expanding use of non-commercially licensed drivers for home deliveries to contractual questions raised by autonomous vehicles and artificial intelligence, technology is similarly changing the industry.

Given the changing technological, regulatory and economic landscape, counsel advising carriers, brokers and shippers must acquaint themselves with advanced strategies for drafting and negotiating these provisions to defend clients' interests and reduce liability exposure.

Listen as our authoritative panel of transportation attorneys explains advanced drafting issues, innovative negotiation strategies, and the critical emerging issues impacting shipper-broker-carrier agreements. The group will also provide an update on recent and pending legislation affecting the transportation industry, so savvy counsel can best minimize client exposure.



  1. Overview
  2. Latest regulatory, economic and technological trends
  3. Key provisions in carrier-shipper agreements
  4. Drafting strategies
  5. Contract negotiation considerations and best practices


The panel will review these and other key issues:

  • What are the latest regulatory, technological and economic trends affecting the transportation industry?
  • What contractual issues arise with the ever-expanding use of non-commercially licensed drivers for home deliveries?
  • What state, provincial, federal and international laws govern transportation contracts?
  • What are contractual issues posed by autonomous vehicles and artificial intelligence?
  • How does recent federal legislation impact shipper-broker-carrier agreements?
  • What are the critical provisions that counsel for shippers, brokers or carriers must carefully negotiate when drafting these agreements?
  • What are innovative risk-shifting provisions being used to successfully minimize client exposure?
  • How can counsel exploit recent trends for the benefit of their transportation clients?


Bierman, William
William D. Bierman

Price Meese Shulman & D’Arminio

Mr. Bierman leads a unique Transportation Law Group and has been actively engaged in the practice of...  |  Read More

Hearn, M. Gordon
M. Gordon Hearn

Fernandes Hearn

Mr. Hearn represents international and domestic interests involved in the transportation, supply chain and distribution...  |  Read More

Orleans, Jason
Jason Orleans

Orleans Canty Novy

Mr. Orleans works in the area of casualty defense, with an emphasis on transportation litigation, including the defense...  |  Read More

Seaton, Henry E.
Henry E. Seaton

Seaton & Husk

Mr. Seaton specializes in regulatory compliance, cargo claims, freight charge collection, commercial litigation and...  |  Read More

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