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Transportation
Troutman Sanders’ Transportation Practice Group is designed to respond to clients’ legal needs that arise anywhere on the international supply chain in a prompt, cost-effective manner. The practice group's core consists of over two dozen transportation-law attorneys many of whom also have long years of experience in international trade regulations, environmental and constitutional issues that affect the international movement of goods, services and commodities. The group has been recognized nationally both by Chambers and by the International Who's Who of Shipping and Maritime as a leader in the transportation realm.
We cover all modes of transportation, including aviation, customs & international trade, maritime, motor, third party logistics, and rail. The depth of our experience encompasses regulatory advice and counsel, commercial and financial advice, and state and federal lobbying. In addition, the group's litigators have represented clients successfully in administrative litigation and in civil litigation in state and at all levels of the federal court system.
The Transportation Practice Group works in close cooperation with Troutman Sanders' International Trade Practice Group to provide complete coverage of regulatory issues affecting the international movement of products and people.
Examples of our capabilities include:
- Representation of parties subject to regulatory proceedings, investigations and complaints before the Department of Transportation, Department Of Homeland Security, Federal Maritime Commission, the Surface Transportation Board, the Federal Aviation Administration, U.S. Coast Guard, the U.S. Maritime Administration and other federal agencies.
- Counsel in unfair trade investigations before the Department of Commerce, the U.S. Trade Representative, and the U.S. International Trade Commission. Representation includes: anti-dumping and countervailing duty investigations, trade agreement violations and other unfair foreign trade practices, Section 337 intellectual property rights infringement, Section 301 proceedings, and Section 332 fact-finding investigations.
- Representation of the international marine insurance industry in U.S. legislative and regulatory matters.
- Representation of aviation clients on rate, entry, fair competition, “doing business” issues, international alliances, code sharing, taxes and charges, labor, and environmental matters, hazardous materials transportation, and aviation safety issues.
- Providing advice on regulatory and legislative matters related to U.S. national security and CFIUS issues.
- Advising clients on import/export control and licensing, country-specific trade sanctions/trade embargo regulations, compliance and enforcement, Foreign Corrupt Practices Act, and government contract issues.
- Providing counsel on U.S. Customs and Border Protection matters such as: classification, valuation, country of origin marking, and investigations and rulings.
- Representation of clients in administrative litigation and in civil litigation, including federal trial and appellate courts.
- Providing legislative and policy counsel for providers of all modes of transportation, state and local governments, and other entities on transportation and trade issues.
- Representation of and counsel to lending institutions, investors and vessel owners, in financial transactions involving the sale and lease of maritime assets.
- Advising ports, terminals, aircraft and vessel owners on issues relating to environmental safety, and security regulations that affect the movement of goods in interstate and international commerce.
- Providing counsel to rail-dependent clients on implementation, construction and operation of rail line projects to transport coal and other bulk commodities, including securing necessary regulatory and environmental authorizations.
- Advising and representing governments and private industry on constitutional issues concerning state/federal responsibilities for regulating environmental and safety issues.
Legislative
Troutman Sanders closely monitors and advises clients on legislative developments in the transportation field. Many Troutman Sanders attorneys have had careers working for the government and have worked closely with officials at the White House, Congress, Department of Justice, Federal Energy Regulatory Commission, Department of Transportation, the Surface Transportation Board, the U.S. Coast Guard, the Federal Maritime Commission, and the State Department. This collective experience has enabled the firm to provide valuable contributions to the development of legislative proposals and to influence the direction of transportation policy.
Logistics & E-Commerce
The transportation industry has made the leap into the 21st Century world of ecommerce with astonishing speed. There is inherent legal tension between regulatory concepts created in the 19th century and 21st century methods of doing business. Troutman Sanders helps clients navigate through this confusing ‘web.’
Troutman Sanders provides strategic counseling, negotiation, documentation, due diligence and litigation services to clients in a range of transportation related e-commerce transactions. The firm’s attorneys have experience preparing and negotiating Web site development, hosting and linking agreements; ensuring Web site compliance with state and federal law, including false advertising claims under the federal Lanham Act; and advising clients on the interplay between Web technology and transportation regulatory matters. Their skills also encompass tasks such as advising clients on consumer protection issues as they relate to e-commerce; preparing and negotiating software and other technology development agreements; and preparing and negotiating documentation for acquisition, sale and licensing of technology. In addition, these attorneys are readily able to obtain publicity rights clearances for multimedia presentations and displays in e-commerce; assist financial services clients in establishing fully electronic contracting systems; advise clients on taxation of e-commerce transactions; and advise clients on e-commerce issues related to defamation, pornography, publicity and violence.
Maritime Transportation
Troutman Sanders’ maritime and international trade attorneys, in cooperation with other practice specialties of the firm, offer domestic and international clients advice and counsel on international and domestic commercial transactions, finance, marine insurance, customs, competition policy, government affairs and the labyrinth of safety, security, technical, and environmental regulations that attend the operation of modern merchant vessels, marine facilities and offshore energy related vessels and facilities.
Troutman Sanders’ lawyers are thoroughly familiar with all of the major federal laws and regulations affecting ship owners, shippers, intermediaries and terminals. They have represented shippers, domestic and foreign container vessel operators, maritime trade associations, tanker and bulk cargo operators, marine terminals, passenger vessel operators, marine insurers, forwarders, port authorities and local government entities. The firm’s maritime attorneys regularly represent clients before the Federal Maritime Commission, the U.S. Maritime Administration, the U.S. Coast Guard and the Environmental Protection Agency. They have argued successfully for international clientele at all levels of federal trial and appellate courts.
Troutman Sanders’ maritime attorneys have represented clients in traditional maritime litigation including cargo claims, federal, civil and criminal enforcement proceedings, oil spills and related land-based environmental claims, hazardous materials issues and collisions. The firm’s maritime litigators have extensive experience before judicial and administrative fora and arbitration panels. Additional practice matters include criminal defense of alleged environmental crimes, contract negotiations between shippers and carriers and disputes with foreign buyers and sellers. The team is also well-versed in modern intermodal common carriage issues. Several members of the group have had related military or commercial experience prior to entering the legal profession.
Aviation
The firm represents airlines, lessors, and lenders in lease and loan financings for aircraft and related equipment. Besides representing several major U.S. leasing and finance companies, the firm’s principal clients in this practice area include more than a dozen U.S. and foreign airlines.
Group attorneys have counseled various clients, both airlines and those associated with airlines, on federal programs and regulations dealing with the airline industry, such as the Airport Improvement Program. Group attorneys also monitor federal legislation affecting the airline industry and actively represent clients on Capitol Hill. This broad range of skills knowledge allows Troutman Sanders to offer clients both legislative and regulatory qualifications in a densely regulated industry.
The firm’s regulatory, legislative and government affairs capabilities, coupled with a collective knowledge of the transportation industry, have enabled Troutman Sanders to provide aviation clients with assistance and advice concerning post-casualty accident investigation, litigation, and government-to-government negotiations relating to access to aviation markets in the U.S. and abroad. Troutman Sanders’ attorneys have also represented parties involved in major accident investigations before the National Transportation Safety Board (NTSB) and provided advice to domestic passenger airlines regarding the interplay between local and federal regulations.
Rail
Over the past 20 years, the firm’s lawyers have represented electric utilities and other large users of railroad transportation on a wide range of regulatory and transactional issues surrounding the movement of coal and other commodities by rail. Our representation of clients in rail transportation matters has resulted in the achievement of efficient rail service and literally hundreds of millions of dollars in reduced rail transportation costs.
Motor
Troutman Sanders is active in all aspects of the trucking industry, representing motor carriers and private fleet operators, both directly and through their insurers, in transactional, regulatory, insurance and litigation matters.
The trucking industry has undergone radical changes since it became deregulated by the passage of the Motor Carrier Act of 1980. One important change resulting from reduced regulation has been the increasing level of consolidation in the industry. Troutman Sanders has participated in a number of these consolidations, including the representation of an investment firm in its financing of an acquisition of two of the largest tank truck carriers in the industry. Firm lawyers have assisted clients in negotiating and drafting contracts between carriers and their customers, as well as preparing equipment lease agreements.
Troutman Sanders has advised a number of clients on the competitive impacts of pooling applications by competing carriers that are affecting their businesses.
Troutman Sanders represents clients in regulatory matters under state and federal laws. The firm’s attorneys assist trucking clients with operating authority filings and developing appropriate safety measures. In addition, these attorneys monitor changes in the regulations relating to hours of service, hazardous material handling, and drug testing and developments, such as the implementation of ergonomic standards. Troutman Sanders is experienced in insurance coverage, and self-insured and retention programs. They have represented employers desiring to become self-insured in various states.
With extensive knowledge of the trucking industry and the trial experience of firm attorneys, Troutman Sanders also represents clients in personal injury and cargo claims. In addition, they defend owners and operators in matters involving personal injury and allegations of negligent retention, negligent supervision, and improper maintenance of equipment. They also provide advice with respect to developing appropriate claims investigation programs which helps reduce the number and cost of all types of claims.
International Trade
The Transportation Practice Group has considerable experience advising clients on international trade issues that arise when U.S. companies do business abroad or when foreign enterprises are active in U.S. markets. These issues have become more complex as a result of emerging global markets and the subsequent increased difficulty of cross-border transactions. In order to minimize client risks, the group conducts due diligence on potential international trade issues on the front end of a deal, and offers support to clients when and if trade complications arise. In cooperation with other practice groups in the firm, most particularly the Firm's International Trade Practice Group, Troutman Sanders offers:
- Advice to clients in the Foreign Corrupt Practices Act and compliance with the Organization for Economic Cooperation and Development.
- Representation of clients before the Federal Maritime Commission, the U.S. Maritime Administration and the Environmental Protection Agency.
- Advice to clients on all matters of maritime law, including insurance, regulatory and environmental concerns.
- Advice to clients on issues related to the European Union, the General Agreement on Trade and Tariffs, the World Trade Organization and the North American Free Trade Agreement.
- Advice to clients on U.S. Customs and import issues (including proper classification, valuation and marking of cargos), as well as issues related to the export of goods from the U.S., including licensing, export control embargo regulations and controlled carrier issues.
- Advice to clients on intellectual property issues.
- Litigation, arbitration and representation of clients in the alternative resolution of disputes, including disputes involving the World Trade Organization, the International Trade Administration, the U.S. International Trade Commission, and the International Court of Arbitration.
Federal Preemption
Troutman Sanders transportation practice has also represented clients on the issue of federal preemption. Most significantly, Mr. Benner and other Troutman Sanders attorneys led a multi-year legal effort on behalf of ship owners from more than 40 nations to overturn state-imposed safety and environmental requirements on interstate and foreign commerce. This litigation resulted in a unanimous decision by the U.S. Supreme Court that found the state rules to be preempted by existing federal requirements and, therefore, unconstitutional. See Intertanko v. Locke, 529 U.S. 89, 120 S. Ct. 1135 (2000). The Firm's work in the constitutional areas affecting transportation has led to significant work advising private and governmental entities on the permissible scope of regulation under local, state and federal law.
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