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 video webinar with Q&A
This CLE course 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.
Outline
- Overview
- Latest regulatory, economic, and technological trends
- Key provisions in carrier-shipper agreements
- Drafting strategies
- Contract negotiation considerations and best practices
Benefits
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 contractual issues are 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?
Faculty
William D. Bierman
Principal
Price Meese Shulman & D’Arminio
Mr. Bierman leads a unique Transportation Law Group and has been actively engaged in the practice of... | Read More
Mr. Bierman leads a unique Transportation Law Group and has been actively engaged in the practice of transportation law for more than forty years. He concentrates his practice in the areas of transportation law and litigation, personal injury and cargo claim defense litigation; commercial litigation, transportation agreements, transportation real estate sales, purchases, leasing and tax appeals, environmental law, mergers and acquisitions and administrative law. He is the long time Executive Director of the Transportation Loss Prevention and Security Association (TLP&SA), an industry trade group which acts as a spokesman for claims and security interests.
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M. Gordon Hearn
Partner
Gardiner Roberts
Mr. Hearn represents international and domestic interests involved in the transportation, supply chain and distribution... | Read More
Mr. Hearn represents international and domestic interests involved in the transportation, supply chain and distribution of goods in litigation, regulatory and contractual matters. He advises shippers, receivers, carriers, logistics providers (3PL’s, supply chain and “fulfillment” providers, freight forwarders, load brokers, customs brokers and warehousemen) and their insurers on their legal interest and exposure in the international, cross-border and domestic carriage of goods by all modes of carriage. Mr. Hearn is a Past President of the Transportation Lawyers Association, an independent, international bar association whose members assist providers and commercial users of transportation and logistics services. He is a frequent speaker at conferences and seminars throughout North America on the above matters and has authored numerous related papers and articles.
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Jason Orleans
In-House Counsel
Coyote Logistics
Mr. Orleans works in the area of casualty defense, with an emphasis on transportation litigation, including the defense... | Read More
Mr. Orleans works in the area of casualty defense, with an emphasis on transportation litigation, including the defense of cargo loss under the Carmack Amendment. He also has extensive experience defending construction and premises liability matters. Mr. Orleans’ practice includes trial work in state and federal courts, the Illinois Court of Claims, and hearings at private mediation and arbitration. His practice also includes insurance coverage litigation in state and federal courts, with an emphasis on coverage disputes arising from construction and transportation related losses.
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Henry E. Seaton
Partner
Seaton & Husk
Mr. Seaton specializes in regulatory compliance, cargo claims, freight charge collection, commercial litigation and... | Read More
Mr. Seaton specializes in regulatory compliance, cargo claims, freight charge collection, commercial litigation and related bankruptcy matters. His firm provides litigation services throughout the continental United States and Canada for its clients. Mr. Seaton is the author of Rules of the Road: A Practical Guide to Legal Issues in Truck Transportation (2016), which has six chapters (87 pages) devoted to carrier-broker-shipper agreements and Protecting Motor Carrier Interests in Contracts (2nd Ed. 2003).
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