Warehousing Law and Liability: Statutes, Industry Standards, Duty of Care, Documentation, Insurance, Damages

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Commercial Law
- event Date
Tuesday, February 11, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss warehouser liability for damaged, destroyed, or adulterated goods deposited with the warehouse. The panel will discuss standards of care, contract negotiation and drafting best practices, warehouse receipts, warehousemen's liens, UCC Article 7, dispute resolution, and the roles of insurers and secured lenders.
Faculty

Mr. Tutrone advises multinational corporations, trade associations, and transportation intermediaries on domestic and international matters involving logistics services and transportation. These matters include: regulatory compliance; regulatory enforcement; agency rulemaking; legislative concerns; service issues; loss and damage claims; transportation security; contract drafting and negotiation; and rate disputes before the Surface Transportation Board (STB). His practice is multimodal, involving air, motor, ocean and rail transportation, and encompasses a wide variety of logistics services, such as warehousing and terminal services.

Mr. Horvath represents public warehouse operators, motor truck carriers, motor brokers, freight forwarders and their insurers on warehouse and transportation claims and lawsuits involving a multitude of issues including inventory shortages and multimillion dollar fire and theft losses. He prepares and negotiates storage agreements and transportation agreements and authored the standard terms and conditions which are currently approved by the International Association of Refrigerated Warehouses. He is a frequent lecturer on warehouse legal liability and cargo legal liability risks and insurance coverage.

Mr. Delaney provides counsel to companies, investors, and entrepreneurs on a variety of domestic and cross-border legal matters, including mergers and acquisitions, commercial transactions, corporate governance, and securities law. He has significant experience in regulatory and compliance matters, both in the US and internationally, structuring acquisitions, divestitures and mergers, drafting and negotiating complex commercial agreements, public offerings, and private placements of debt and equity securities. Mr. Delaney has also advised numerous companies in their compliance with SEC regulations and securities laws and is a certified public accountant. With more than two decades of experience, he has held a range of leadership positions for three different multibillion-dollar, multinational corporations, where he oversaw all legal, compliance, contractual, IP, litigation, human resources, and risk management matters. Before serving in-house, Mr. Delaney was a partner in the Atlanta offices of two international law firms where he focused his practice on corporate law, mergers and acquisitions and securities law.
Description
Third-party warehousing has become an increasingly critical link in the supply chain and the demand for more space is growing. Stored goods can get damaged, destroyed, or stolen, but they also can become contaminated, spoiled, or adulterated in any number of ways. When these things happen, depositors may seek to hold warehousers liable in tort, contract, bailment, warranty, or statute.
A warehouser's standard of care can be affected by statute, the warehouse receipt, and any other contracts governing the relationship with its customer or its insurer. Ascertaining liability requires understanding both the law of the jurisdiction where the goods have been stored and industry custom. The parties are free to negotiate varying standards of care and liability limits.
The existence of one or more secured lenders can further complicate matters, and both the warehouser and the customer should pay careful attention to the creation and enforcement of warehouse liens.
Listen as this experienced panel of attorneys discusses warehousing law and liability from the perspectives of warehousers, customers, and lenders.
Outline
- Reasons warehousing demand has increased
- Important trade associations and their standard forms
- International Warehouse Logistics Association
- UNIDROIT Model Law on Warehouse Receipts (adopted May 2024)
- Documentation
- Receipts
- Third-party contracts
- Limiting liability
- Standard of care
- Theories of liability
- Defenses
- Damages
- Role of insurance
- Rights in goods and priority disputes
- Litigation vs. arbitration
- Liens
Benefits
The panel will discuss these and other important issues:
- What are the most important ways warehousers can limit liability?
- What are the most overlooked terms in warehousing contracts?
- What kind of experts are needed to prove or refute that the warehouse met its standard of care?
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