Logistics & Transportation

Won $3.3 million jury verdict for international retailer, W.H. Smith, after two-week trial against the City of Atlanta and the world’s busiest airport. Secured affirmance of entire verdict on appeal. Served as lead counsel at trial and on appeal.

Representing a Fortune 100 national food distribution company as outside North American real estate counsel with regard to all acquisitions, developments, leases and dispositions of real estate in the United States and Canada.

Obtained summary judgment in favor of client sued for numerous claims relating to lease of a cold storage facility/warehouse and dispute with landlord relating to use of the facility and the property surrounding the facility. Obtained very favorable settlement terms (including dismissal of all claims against client) following the entry of summary judgment.

Enforced warehouseman liens on cargo for failure of client to pay outstanding balance for warehouse and logistics charges.  Coordinated and facilitated sale of a portion of the cargo to satisfy the balance.  Located a buyer for the remaining inventory and coordinated both sale of the cargo and the retention of the client to handle the logistics and transportation overseas.

Analyzed portfolio of multiple refrigerated warehouses with legacy environmental issues, negotiated with underwriters regarding remediation requirements and reserves, and entered selected properties in various state voluntary cleanup programs.

Represented a global freight forwarder in its acquisitions.

Represented an interstate trucking company in acquisition of regional refrigerated trucking company.

Represented the largest non-foods specialty distributor in the U.S. in its position as buyer in a leveraged acquisition of majority control of a refrigerated trucking and brokerage business, including all related equity, debt and restructuring issues.

Represented buyer in leveraged acquisition of majority control of refrigerated trucking and brokerage business, including all related equity, debt and restructuring issues, and the reorganized company in multiple follow on acquisitions.

Advised a global freight forwarding company on a corporate governance matter.

Successfully defended a civil theft claim brought in admiralty court.  Established federal precedent, as the court held that a claim for civil theft could not be maintained in admiralty court since the civil theft statute which awards attorney’s fees and treble damages is incompatible with maritime law doctrine. GE Seaco v. Interline Connection, N.V., 2011 WL 98406 (S.D. Fla., Jan. 12, 2011).

Provided corporate finance and real estate advice, including a nonconsolidation opinion, in connection with the sale of majority equity interest in largest national temperature-controlled warehousing and logistics services company, and related financing.

Assisted with the sale of a $4.25 million dollar office building for global third-party logistics provider.

Provided corporate governance and SEC disclosure advice in connection with the filing and SEC review of a proposed underwritten initial public offer for the largest national temperature-controlled warehousing and logistics services company.

Successfully represented major customs broker against multimillion claim. Obtained summary judgment based upon the importer of record’s failure to comply with U.S. EPA and DOT regulations with regard to the importation and sale of motor vehicles. The court granted summary judgment, including an award for attorney’s fees based upon an offer of judgment, since the importer, having committed an illegal act, could not seek redress against a customs broker for alleged errors with regard to the preparation and submittal of entry documentation.

Represented global ocean and air freight forwarder and logistics provider in connection with multiple acquisitions and roll-up of various domestic competitors with an Asian footprint.

Advised client in establishing plan governance structure for multiple employee benefit plans, including providing ERISA compliance and fiduciary responsibility advice for plan committee operations.

Represented a cold storage transportation and warehouse company in an arbitration action involving alleged breach of contract involving the storage and blast freezing of bovine hides. Following discovery, negotiated a resolution of all claims on terms favorable to client.

Represented client in nationwide joint venture formation involving multiple 401(k) retirement and self-funded medical plans; designed protocols for administering multiple plans on an ongoing basis post-transaction.

Successfully secured stay of the U.S. District Court proceedings in favor of the arbitration under the rules of the London Maritime Arbitration Association.

Represented Southern Motor Carriers charged with a violation of Section 1 of the Sherman Act, more specifically price fixing with respect to Commercial Motor Carrier rates in Georgia, North Carolina, Tennessee, Alabama and Mississippi. After losing the case on Summary Judgment in the United States District Court for the Northern District of Georgia, the 5th Circuit Court of Appeals, and the 11th Circuit Court of Appeals, En banc, obtained victory in the United States Supreme Court on a 7-2 decision finding the activities in question to be immune from the Antitrust Laws under the State Action Doctrine first announced by the United States Supreme Court in 1945 in the case of Parker vs. Brown.

Advised an integrated logistics company that offers a wide range of logistics services including transportation, Foreign Trade Zone, refrigerated cargo and supply chain management services, as well as real estate solutions in a variety of areas including: structuring and preparing Foreign Trade Zone documentation including services agreements, drafting consulting contract for fumigation services, creating of standard terms and conditions for warehousing and logistics services, and structuring and drafting customer arrangements for product distribution services.

Advised national leader in cold storage warehousing and logistics industry regarding its $500 million REMIC loan facilities, the purchase and sale of warehouse facilities, national customer contracts, and a recapitalization of its equity interests.

Long-standing relationship with the global leader in temperature-controlled warehousing and logistics services to the food industry performing a variety of legal services including: acquiring and financing of several large refrigerated warehouses and distribution facilities; drafting national customer warehousing agreements; and representing selling shareholders in sale of the company. 

Represented a freight forwarder in a claim brought by a subrogated insurer for alleged damages to cargo.

Represented acquiring company in stock purchase of manufacturing company.

Represented a communications technology manufacturing company with various supply agreements.

Represented a temperature-controlled warehousing company in connection with national customer warehousing agreements.

Represented a warehouse REIT in preparation of IPO disclosure documents.

Represented a wood-chip manufacturer in connection with customized equipment purchase and supply agreements.

Successfully represented chemical manufacturer in dispute over indemnity clause in shipping contract.