Michael focuses on issues arising in the commercial transportation of freight by railroad, motor carrier, and vessel. His clients include large and medium-sized shippers of commodities and industrial goods, and third-party logistics providers. He has extensive experience in the review, development, and negotiation of transportation contracts and logistics services agreements. Michael also advises clients on regulatory matters related to freight transportation, including the transportation of hazardous materials. Additionally, he has represented clients in litigation in federal and state court, and in administrative proceedings before a number of federal agencies, including the Surface Transportation Board, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the Pipeline and Hazardous Materials Safety Administration.
Representative Experience
Represented electric utility company in commercial arbitration against Class I railroad and achieved favorable settlement based on contract rate-reopener provision.
Obtained favorable, six-figure settlement on behalf of Fortune 500 company on freight claim arising from damage to a trailer-load shipment of high-value pharmaceutical products. The settlement was achieved without commencing litigation, and at minimal expense to the client. The settlement was with the insurer of the motor carrier responsible for the loss.
Represented electric utility client before the Surface Transportation Board and protected client against rail line acquisition that would have undermined client’s competitive rail service.
Advised west coast port in successful acquisition of rail line under federal feeder line statute in order to preserve client’s rail service.
Counseled large rail shipper of bulk chemicals in breach of contract action against Class I railroad arising from chronically delayed return of railcars.
Assisted electric utility clients in pursuing rate relief against Class I railroads before the Surface Transportation Board under federal rate reasonableness statute.
Counseled medium-sized shipper of bulk chemicals in opposing Class I railroad’s rail line abandonment application before the Surface Transportation Board, resulting in favorable settlement agreement for client.
Represented small industrial shipper before the Surface Transportation Board in contesting rail line relocation project of Class III railroad, resulting in favorable settlement preserving rail service.
Assisted large manufacturer of heavy machinery in breach of contract against Class I railroad for unreasonably delayed transportation of machinery to construction site.
Advised shippers and shipper associations in regulatory proceedings before the Surface Transportation Board and other federal transportation agencies, including major rulemakings.
Represented large shipper of industrial goods in commercial arbitration proceeding against international third-party logistics provider arising from mishandling of monies remitted for payment of customs duties.
Assisted new entrant third-party logistics provider in start-up of operations, including licensing, compliance counseling, and development of standard, multi-modal service contracts.
Advised major manufacturer of consumer products in hazardous materials transportation enforcement proceeding, and successfully avoided imposition of monetary penalty.