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PRACTICE AREAS

CORPORATE FORMATION AND RECORDS

• Corporate formation, filing of articles of incorporation, issuance of stock certificates, formation minutes, director and shareholder meetings, limited liability company agreements, partnership agreements, minutes and maintenance of corporate records

• Filing of yearly required documents for each state that the corporate is incorporated with or doing business in

ASSET PURCHASE AGREEMENTS OR STOCK PURCHASE AGREEMENTS

• Asset Purchase Agreements involving the acquisition of transportation assets, due diligence review of such transferred assets, titles to assets, review of warehouse leases and storage contracts, third party contracts, owner operator contracts, equipment leases, bonding and insurance requirements, obtaining or transferring necessary state and/or federal operating authority, and necessary employment contracts with key employees or past owners

• Acquisition of corporations through stock transfer, due diligence review of assets in company, third party contracts, owner operator contracts, bonding and insurance requirements, the maintaining of operational authority(s) in the acquired company and necessary employment contracts with key employees or past owners

• Assignment for the Benefit of Creditors, basically the sale of a transportation company’s assets through a bidding process outside of bankruptcy

 

REAL PROPERTY LEASES, EQUIPMENT LEASES, AGENCY CONTRACTS, OWNER OPERATOR CONTRACTS, EMPLOYEE CONTRACTS, CONTRACTS ACCOUNTS AND 3RD PARTY VENDORS

• Real Property Leases, including but not exclusive of negotiating the terms and conditions of leases, addendums to lease, warehouse and storage requirements, military compliance and addressing CAM charges, HVAC systems, HAZ Mat, etc.

• Equipment Leases for carriers’ tractors, bobtails, and trailers

• Equipment Leases for owner operators’ equipment

• Sales Agent contracts

• Van Lines/Agency contracts with its agents, including negotiating and addressing issues relative to the agent’s size in the van lines, as well as owner operator hauling requirements, van lines commitments etc.

• Interline agreements

• Owner-Operator contracts

• Employment contracts

 

BILLS OF LADING, TARIFFS, TRADE NAMES AND TRADE MARKS:

• Tariffs, including the writing and publication of tariffs

• Carrier’s bills of lading, including the drafting of liability limitations, and relating back to carrier’s tariff(s)

• Trade Name and Trade Mark issues

 

CARGO CLAIMS, GENERAL LIABILITY CLAIMS, WORKER’S COMP CLAIMS, PERSONAL INJURY CLAIMS AND LAWSUITS, RESERVATION OF RIGHTS LETTERS

• Reviewing and overseeing transportation issues, claims and lawsuits

• Warehouse and cargo claims issues, assessments and oversight

• Overseeing, reviewing and managing litigation involving transportation carriers throughout the United States

• Assisting outside litigation counsel in the drafting of responses to discovery and other court motions on behalf of transportation carriers

• Wrongful death and personal injury actions involving a carrier involved accident wherein plaintiffs are seeking in excess of carriers insurance coverage

• Worker’s Compensation claims and lawsuits

• Addressing and managing Reservation of Rights letters issued by the insurance companies and extensive review and management of those lawsuits involving a Reservation of Rights letter;
• Class Action lawsuits, review and management;
• Breach of Contract issues and lawsuits;

 

STATE OR FEDERAL AUDITS, 3RD PARTY AUDITS OR LAWSUITS INVOLVING 3RD PARTY AGENT

• California EDD audits and other issues related to party owner operators and other 3rd party agents;

• State Fund audits and other issues related to party owner operators and other 3rd party agents;

• Owner Operator vs. employee status issues and lawsuits instituted by private attorney for non-payment of wages to owner operator;
• Owner Operator Safety issues and compliance;
• DOD lawsuits, review and management;
• General Attorney lawsuits, specifically overseeing the handling of anti-trust litigation;

 

OTHER LAWSUITS AND BANKRUPTCY

• Lawsuits involving liability outside of insurance coverage including breach of contract by or against transportation company;
• Collections, specifically addressing those issues of collection by or against a carrier, broker, sub-carrier, freight forwarder etc.
• Bankruptcy issues, including the shutting down of a carrier, addressing insurance related issues and debtor/creditor claims;

INSURANCE RELATED MATTERS

• Establishing and reviewing reserves maintained by clients who have Self-Insured Retentions;

• Reviewing and addressing those claims that have a high reserve established by an insurance company with an intent to lower the reserve, if applicable;

• Extensive interaction with a carrier’s insurance company(s) to oversee insurance coverage when applicable;

• Maintaining interpersonal relationships with insurance companies’ representatives, brokers, claims and management personnel to insure the proper assessments of carriers’ claims with its insurance carrier in an attempt to maintain a lower yearly premium.