Transportation & Logistics

Clark Hill transportation attorneys have extensive experience in all aspects of the transportation industry – with involvement that began with our predecessor firms' work with the maritime, aviation and trucking industries. With generations of experience, our attorneys and other professionals have the perspective needed to counsel our clients on the ever-increasing intermodal nature of transportation, nationally and globally.

We serve a diverse body of transportation clients, ranging from over-the-road trucking companies to airlines, railroads, consolidators, maritime vessels, customs brokers, expediters, storage facilities, and logistics companies. While we continue to represent clients before multiple governmental agencies such as the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Transportation, Department of Labor, Department of Civil Rights, Department of Immigration and Naturalization Service, and the United States Customs Service, our practice is increasingly moving in the direction of assistance to businesses challenged by the demands of delivering commercial goods in interstate and foreign commerce in a timely and cost-efficient manner. This diverse client base involves our attorneys in an increasing variety of matters, ranging from freight claims and accidents to labor negotiations, environmental matters, to mergers and acquisitions.

Our transportation team is constantly updating their knowledge and experience in the transportation industry through practice before state and federal courts, administrative agencies, and participating in several transportation conferences and associations. These organizations include the Michigan Trucking Association, Transportation Lawyers Association, Conference of Freight Counsel, Maritime Law Association, National Association of Railroad Trial Counsel, Transportation Industry Defense Association, North American Transportation Employee Relations Association, American Trucking Associations, and the Canadian Transport Lawyers Association. We are also a member of international legal networks through which we coordinate the needs of our clients for legal representation in commercial countries of the world.

Our attorneys and other professionals have a broad understanding of the transportation industry and are dedicated to providing quality and timely assistance on all transportation matters. Whether your matter involves a routine accident, freight claim, an employment matter, a complex intermodal master agreement, or financing transaction, we are committed to responding immediately and with the most advanced technology and industry contacts to assist you in concluding your transportation business promptly and in a cost-efficient manner.

Areas of practice:

  •  Admiralty & Maritime
  •  Aviation
  •  Consolidators
  •  Customs Brokers
  •  Logistics Providers
  •  Over The Road Haulers
  •  Railroads

Experience

Advised tire manufacturers and the industry trade association in connection with tire recalls and customer satisfaction programs, labeling and disclosure, applicability of NHTSA regulations if products not in compliance with NHTSA regulations are returned to the country of origin, methods of methods of protecting the confidential information

Represent an automobile parts supplier trade association concerning its potential environmental liability from emissions and releases during the normal use of the product

Provided advice to tire manufacturers regarding TREAD Act compliance issues

Advised an investor concerning potential liability from owning and operating a waste transport company

While at EPA, brought an enforcement action against railroad due to the contamination at its rail yard

Represented Conrail Corporation in PCB remediation Superfund action at the Paoli rail yard

Evaluated reporting obligations and potential recall obligations for numerous companies, including tire manufacturers

Assisted a national trade association in drafting pre-emption language for an amendment to a federal energy efficiency provision

Representation of a railroad logistics company in the acquisition of an intermodal logistics company.

Representation of a railroad logistics company in the acquisition of a trucking logistics company.

Advising automotive suppliers in the analysis, negotiation and modification of OEM and Tier 1 customer purchasing terms and conditions

Currently defending a trucking company in a personal injury claim arising from an accident in Wayne County, Michigan.

Advising a multinational mining products manufacturer on the restructuring of its global supply chain. 

Advising a Tier 1 automotive supplier on the dissolution of a global logistics joint venture with an OEM. 

Counsel to a financial institution in connection with a $90,000,000 credit facility which included a $50,000,000 revolving credit facility and a $40,000,000 term loan facility for a holding company that owns and operates various equipment manufacturers and a marine transportation provider. The credit facilities provided for the recapitalization of the holding company and for working capital for the holding company and its subsidiaries and are secured by liens on all of the marine transportation provider's assets which include, among other things, various vessels, some of which were documented by the United States Secretary of Transportation.
Acquisition and Development of Distribution Facility. Representation of a national developer in connection with the negotiation and drafting of documentation connected with site acquisition, development, construction financing and a triple net lease of the site and improvements to a national sporting goods retailer.
Counsel to a financial institution in connection with a $90,000,000 credit facility which included a $50,000,000 revolving credit facility and a $40,000,000 term loan facility for a holding company that owns and operates various equipment manufacturers and a marine transportation provider. The credit facilities provided for the recapitalization of the holding company and for working capital for the holding company and its subsidiaries and are secured by liens on all of the marine transportation provider's assets which include, among other things, various vessels, some of which were documented by the United States Secretary of Transportation
News
Member Bradford Hughes Quoted in Law360 Article on Upcoming Legal Clashes Involving Trucking Industry Member Bradford Hughes Quoted in Law360 Article on State Bill’s Impact for Trucking Companies in CaliforniaMember Bradford Hughes Admitted as CLM Claims College – School of Transportation FacultyMember Bradford Hughes Quoted in Law360 Article on Employee Classifications for Trucking Companies in CaliforniaMember Bradford Hughes to Present at the American Bar Association’s Tort Trial & Insurance Practice Section 2019 Transportation Megaconference XIV Trucking and Motor Carrier LitigationMember Bradford Hughes Quoted in Law360, “The Biggest Trucking Injury Awards Of 2018,” December 2018Member Bradford Hughes Quoted in Law360, “The Biggest Transportation Rulings Of 2018,” December 2018Member Bradford Hughes Published in DRI For the Defense, "Attacking Lawyer-Driven Treatment"Member Bradford Hughes Quoted in Transport Topics, "Supreme Court Case Could Block Motor Carriers From Using Arbitration for Contractor Disputes"Clark Hill Member Bradford Hughes Published in Law360, "Classification Confusion For Transportation Cos. At 9th Circ."Clark Hill Member Bradford Hughes Quoted in Law360, “9th Circ. Truckers Ruling Drives Home Limits Of Preemption,” September 2018Clark Hill Member Bradford Hughes Quoted in Law360, “Plaintiffs Bar Is Steering Truck Crash Cases To Mega Verdicts,” August 2018Clark Hill Member Bradford Hughes Quoted in Law360, “Trucking Cases To Watch In The 2nd Half Of 2018,” July 2018Kathy Garber Named 2018 Chairman of Conference of Freight CounselClark Hill Attorney Bradford Hughes to Present at the DRI Trucking Law Conference, April 26, 2018Confirmed - Clark Hill Attorney Eric M. Hocky speaking at General Counsel Symposium of the American Short Line and Regional Railroad Association on November 17, 2017Clark Hill Attorney Eric Hocky to Present at ASLRRA’s Annual Meeting – April 5, 2016Clark Hill Attorney Eric Hocky Advises Glenwood Springs, CO on RFTA Proposed Access Plan
Articles
"CSA’s Slow Response to FAST Act Mandates: What to Expect Next," DRI In Transit, November 2, 2018Quoted, "Trucking Industry Preemption Battles To Watch," Law360, October 3, 2019Quoted, "Transport Cos. Prep For Impact Of Calif.'s Dynamex Bill," Law360, September 16, 2019Quoted, "Trucking Cos. Hit Rough Patches In Calif. Classification Fights," Law360, April 4, 2019Quoted, "The Biggest Trucking Injury Awards Of 2018," Law360, December 17, 2018Quoted, "The Biggest Transportation Rulings Of 2018," Law360, December 14, 2018Co-Authored, "Attacking Lawyer-Driven Treatment," DRI For the Defense, December 2018Quoted, "Supreme Court Case Could Block Motor Carriers From Using Arbitration for Contractor Disputes," Transport Topics, October 11, 2018Authored, "Classification Confusion For Transportation Cos. At 9th Circ.," Law360, October 2, 2018Quoted, "9th Circ. Truckers Ruling Drives Home Limits Of Preemption," Law360, September 11, 2018Quoted, "Plaintiffs Bar Is Steering Truck Crash Cases To Mega Verdicts," Law360, August 6, 2018Quoted, "Trucking Cases to Watch in the 2nd Half of 2018," Law360, July 17, 2018Safety Fitness Determinations: What Is FMCSA Measuring?Eric Hocky Comments in Railway Age on Long-time Client’s Receipt of Award for Distinguished Service to Rail Industry
Presentations
"Attacking Plaintiffs’ Lawyer-Driven Treatment and How to Stop the Cutting," Trucking Law Conference, Defense Research Institute (DRI), April 26, 2018“Don’t Be A Turtle: Handling The Reptile Theory And The High Profile Transportation Case,” Tort Trial & Insurance Practice Section (TIPS) Conference, American Bar Association, May 3, 2018"Direct and Cross-Examination of Your Driver," Trucking Law Primer, Defense Research Institute (DRI), June 26, 2019"Winning Strategies for Litigation and Trial," Transportation Megaconference XIV, Tort Trial & Insurance Practice Section (TIPS), American Bar Association, March 21, 2019