Transportation & Logistics

Carrier and shipper agreements define the terms of the most critical relationships in a transportation business. When a carrier fails to deliver on time, damages cargo, or disputes freight charges, the contract becomes the entire foundation of the dispute. Without clear liability limitations, indemnification clauses, and dispute resolution provisions, a single cargo claim can create significant financial exposure.

We draft and review carrier agreements, shipper agreements, and bills of lading that clearly define liability limitations, cargo standards, payment terms, and dispute resolution procedures. A well-drafted carrier agreement is the most effective tool for protecting a transportation business from cargo claims and payment disputes that threaten operations.

• Freight charge disputes and invoice payment refusals
• Liability limitation gaps in carrier agreements
• Missing indemnification and insurance requirement provisions
• Bill of lading terms that create unintended liability exposure

Cargo loss and damage claims are among the most common legal disputes in transportation and logistics. Whether you are a carrier defending against a cargo claim or a shipper pursuing compensation for damaged or lost freight, the outcome turns on the terms of the bill of lading, the carrier agreement, and the applicable federal and state regulations that govern liability in the industry.

We defend carriers against cargo loss and damage claims, assessing liability exposure, reviewing the bill of lading and carrier agreement, and pursuing the most efficient resolution whether through negotiation or litigation. We also represent shippers pursuing compensation for damaged or lost freight when carriers dispute liability.

• Carrier liability limitation disputes under the Carmack Amendment
• Damage documentation and inspection procedure disputes
• Subrogation claims by shippers' insurers against carriers
• Shipper claims against brokers when carrier liability is disputed

Transportation businesses face a dense web of federal and state regulatory obligations, including DOT licensing requirements, hours of service rules, driver qualification standards, and vehicle maintenance regulations. A compliance failure in any of these areas can result in significant fines, operational shutdowns, and personal liability for owners and officers of the company.

We help transportation businesses understand and meet their DOT and state regulatory obligations, including licensing requirements, hours of service compliance, driver qualification standards, and vehicle maintenance documentation. When a regulatory issue arises, we assess the exposure, identify the path to resolution, and represent the business through the regulatory process.

• DOT audit response and CSA score management
• Hours of service violations and driver log compliance
• Operating authority and licensing compliance gaps
• Regulatory investigation response and penalty defense

Transportation businesses that rely on independent contractor drivers face significant legal exposure from contractor misclassification claims. The distinction between an employee and an independent contractor in the transportation industry is heavily regulated and actively enforced, and the consequences of misclassification include back wages, benefits, and tax liability that can be significant for businesses with large driver networks.

We draft driver employment agreements and independent contractor agreements that clearly define the relationship, compensation structure, and classification status, and we defend transportation businesses against contractor misclassification claims. Getting classification right from the beginning is one of the most important legal decisions a transportation company can make.

• Driver misclassification claims and Department of Labor investigations
• Back wages and benefits liability from classification errors
• Owner-operator lease agreement disputes
• Independent contractor agreement enforceability gaps

Freight brokers and transportation intermediaries face specific legal challenges around commission disputes, carrier liability, and shipper claims. When a broker is caught between a shipper with damaged cargo and a carrier who disputes liability, having clear broker-carrier agreements and broker-shipper agreements in place is the difference between a manageable situation and significant personal exposure.

We draft broker-carrier and broker-shipper agreements that clearly define commission structures, liability allocation, and dispute resolution procedures. Managing the broker relationship through strong agreements protects the freight broker from being personally exposed when a cargo claim or payment dispute arises between a carrier and shipper.

• Broker liability for carrier cargo loss and damage claims
• Commission disputes and payment default by shippers
• Missing liability allocation provisions in broker agreements
• Shipper claims against brokers for carrier selection negligence

Transportation businesses with significant fleet assets face legal issues around equipment financing disputes, lease obligations, maintenance liability, and asset recovery. When a lender or lessor takes adverse action against fleet assets, or when a third party damages company equipment, having experienced legal counsel who understands the financial and operational implications is critical to protecting the business.

We help transportation businesses navigate fleet asset disputes, assessing financing and lease obligations, identifying leverage, and pursuing the most efficient resolution when a lender, lessor, or third party takes adverse action against company equipment or assets.

• Equipment financing disputes and lender acceleration claims
• Fleet lease obligation and early termination disputes
• Third-party damage claims against company vehicles
• Asset recovery and repossession defense

Transportation and logistics businesses need legal counsel who understands the carrier agreement structure, the DOT regulatory environment, and the cargo claim and driver classification dynamics that define the industry. Pomeranz Law provides practical, business-focused legal counsel that understands how transportation businesses operate and what they need to keep their operations protected.

• We understand the carrier agreement, DOT compliance, and driver classification dynamics unique to transportation businesses
• We draft agreements that protect the business when a cargo claim or payment dispute arises
• We defend against DOT enforcement actions and driver misclassification claims efficiently
• Transparent, practical counsel without the overhead of a large firm