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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Thursday, September 10, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide transportation attorneys with practical advice on drafting and negotiating carrier-broker-shipper transportation agreements. The panelist will discuss advanced drafting issues and strategies for negotiating favorable provisions related to indemnity, liability limitations, waivers, and other matters in contracting for the movement of freight. The panelist will also explore recent trends, issues, and problems impacting these contracts on behalf of carriers, brokers, or shippers to minimize liability exposure if a delay occurs, or for loss, damage, or non-delivery of goods.

Faculty

Nathaniel G. Saylor
Partner
Scopelitis, Garvin, Light, Hanson & Feary

Mr. Saylor's practice focuses on a wide array of transportation and logistics issues including transportation and logistics contracting; regulatory compliance; NVOCC/Ocean freight forwarders licensing and compliance; indirect air carrier licensing and compliance; intermodal issues; international transportation; third-party logistics; security (including C-T PAT certification and indirect air carrier compliance); carrier bonding; cross-border operations; cargo claims; and freight charge disputes.

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Description

As supply chain complexity continues to evolve, reliance by both shippers and carriers on third party logistics companies, including brokers, becomes more and more common. However, with additional parties involved in the transportation of cargo, comes increased complexity including with respect to contracting for services because it is extremely rare for all three (or more) participants to be parties to the same agreement.

The key risk-shifting provisions in transportation agreements--such as indemnification, cargo liability and hold harmless provisions, among others--remain the same. But the trends, issues, and problems impacting shipper-broker and broker-carrier contracts are rapidly changing. Contractual matters arising from the ever-expanding use of non-commercially licensed drivers for home deliveries and contractual questions raised by the use of technology are changing the industry. Further, the agreements now need to address the issues of the current environment and ensure the limitation of liability due to the potential claims arising from COVID-19.

Given the changing technological, regulatory, and economic landscape, counsel advising carriers, brokers, and shippers must acquaint themselves with advanced strategies for drafting and negotiating these provisions to defend clients' interests and reduce liability exposure.

Listen as Nathaniel G. Saylor, Partner at Scopelitis Garvin Light Hanson & Feary, explains advanced drafting issues, innovative negotiation strategies, and the critical emerging issues impacting shipper-broker-carrier agreements. The group will also provide an update on recent and pending legislation impacting the transportation industry so savvy counsel can best minimize client exposure.

Outline

  1. Overview
  2. Latest regulatory, economic, and technological trends
    • How has COVID-19 changed the issues in contracts?
  3. Key provisions in carrier-shipper agreements
    • Indemnity
    • Limitation of liability
    • Waiver
    • Other critical provisions
  4. Drafting strategies
  5. Contract negotiation considerations and best practices

Benefits

The panelist will review these and other key issues:

  • What state, provincial, federal, and international laws govern transportation contracts?
  • 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 that successfully minimize client exposure?
  • How has the current pandemic impacted the transportation industry?
  • What contractual issues arise with the ever-expanding use of non-commercially licensed drivers for home deliveries?