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Marc J. Fink

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P (202) 463-2503

Tia C. Ghattas

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P (312) 382-3116

Paul K. Leary, Jr.

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P (215) 665-6911

David Y. Loh

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P (212) 908-1202

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    Transportation & Logistics

    Cozen O'Connor Blogs

    Aviation Law Advisor

    The transportation and logistics industry is one of the largest in the world. In the United States alone, the transportation industry typically generates more than $1.5 trillion in annual revenue. In recent years, however, the industry has faced significant challenges. The global recession caused a decline in overall volume, while poor infrastructure and security concerns constrained growth in trade “hot spots.” These challenges were compounded by an ever-changing regulatory regime.  Moving forward, the transportation industry must promote new infrastructure development, incorporate new technologies, decrease emissions and pollution, and capitalize on government investments. At the same time, individual companies must focus on core business matters such as workforce retention, corporate compliance, and outsourcing.

    Cozen O’Connor’s transportation and logistics team is rare in its ability to provide superior litigation, transactional, and regulatory counsel. The team includes internationally recognized leaders in the highly specialized field of transportation law, many of whom have served the industry for decades. Our attorneys are as adept at negotiating ocean service contracts and defending damaged-goods claims as they are at analyzing antitrust/competition laws and appearing at congressional hearings on federal regulations.

    We represent corporate clients operating in the major transportation subfields of maritime, aviation, intermodal, trucking, offshore energy, and logistics. Within these fields, we represent shipping companies, product manufacturers, ports and terminals, public and privately held transportation companies, suppliers, operators, lenders, lessors/lessees, insurers, investors, and governmental bodies.

    Our transportation and logistics attorneys are located in offices in the U.S., Canada, and the United Kingdom, including at major ports and distribution hubs. This geographic reach is important for several reasons. Cozen O’Connor’s industry team members are well versed in specific state, regional, and national laws, and they have good rapport with counterparts around the world. Moreover, we are immediately available wherever clients need us and can quickly coordinate a response when matters arise that span multiple jurisdictions and time zones.

     

    SERVICE AREAS

    Litigation

    • Appear before state and federal courts, courts of appeals, federal administrative agencies,  and international and domestic arbitration panels
    • Represent clients in complex commercial disputes and government contracting matters
    • Defend clients against claims by domestic and foreign regulatory agencies
    • Represent clients in claims arising from transportation accidents and disasters
    • Handle bankruptcy and insolvency proceedings for transportation industry clients

    Transactional

    • Advise clients on financing, including asset-based finance, commercial or government-guaranteed debt, leasing, and complex securitizations
    • Negotiate mergers and acquisitions, joint ventures, business alliances, and industry consortia
    • Advise on ratemaking, operational agreements, business contracts, and leases
    • Support all phases of government contracting

    Regulatory

    • Advise companies on regulatory matters before U.S. and foreign agencies
    • Counsel clients about laws covering cabotage, citizenship, and vessel requirements
    • Advise clients on antitrust/competition laws, trade sanctions, and import/export licensing
    • Advise on environmental matters related to transportation and logistics

     

     

    People

    Mark W. Atwood Member Washington, D.C. (202) 463-2513
    Jason L. Beckerman Member New York (212) 908-1332
    Joseph C. Bedwick Member Philadelphia (215) 665-4753
    John T. Carroll, III Co-Chair, Bankruptcy, Insolvency & Restructuring Wilmington (302) 295-2028
    Dennis L. Cohen Chair, Tax Philadelphia (215) 665-4154
    Natalie Cooksammy Member London +44 (0)20 7864 2039
    Richard M. Dunn Office Managing Partner Miami (305) 704-5950
    Richard Fama Member New York (212) 908-1229
    Geoffrey D. Ferrer Office Managing Partner New York (212) 908-1201
    Marc J. Fink Member Washington, D.C. (202) 463-2503
    Rodney Q. Fonda Of Counsel Seattle (206) 224-1253
    Debra Steiner Friedman Member Philadelphia (215) 665-3719
    Tia C. Ghattas Office Managing Partner Chicago (312) 382-3116
    Joshua Ross Goodman Member Miami (305) 704-5940
    Josh M. Greenbaum Member Philadelphia (215) 665-2788
    Kendall Kelly Hayden Member Dallas (214) 462-3072
    Michael J. Heller Chief Executive Officer Philadelphia (215) 665-4141
    Christopher B. Kende Member New York (212) 908-1242
    Jeffrey F. Lawrence Chair, Transportation & Logistics Washington, D.C. (202) 463-2504
    Paul K. Leary, Jr. Member Philadelphia (215) 665-6911
    Jonathan G. Lichtenstein Member Philadelphia (215) 665-2769
    David Y. Loh Member New York (212) 908-1202
    Anne M. Madonia Member Philadelphia (215) 665-7259
    Robert K. Magovern Member Washington, D.C. (202) 463-2539
    Melissa H. Maxman Member Washington, D.C. (202) 912-4873
    John J. McDonough Vice Chair, Commercial Litigation Department New York (212) 908-1226
    Camille M. Miller Co-Chair, Intellectual Property Department Philadelphia (215) 665-7273
    Christopher H. Murphy Member Chicago (312) 382-3155
    Elena Park Member West Conshohocken (610) 941-2359
    Michael J. Partos Member Los Angeles (213) 892-7936
    Jeffrey I. Pasek Member Philadelphia (215) 665-2072
    Pamela Pengelley Co-Chair, Subrogation & Recovery, Canadian Region Toronto (416) 361-3200
    Robert W. Phelan Member New York (212) 908-1274
    Vincent P. Pozzuto Member New York (212) 908-1284
    Christopher Raleigh Member New York (212) 908-1245
    Stuart A. Shorenstein Member New York (212) 883-4923
    David F. Smith Member Washington, D.C. (202) 463-2509
    Marcela B. Stras Member Washington, D.C. (202) 912-4875
    William J. Taylor Of Counsel Philadelphia (215) 665-2035
    J. Donald Tierney Of Counsel New York (212) 908-1318
    Charles H. Wilson Member Houston (713) 750-3117

    Experience

    Represented one of the largest shipping companies in the world in connection with bankruptcy cases including Abitbibowater and Eastman Kodak. Defended multimillion dollar preference avoidance action; provided counseling on topics including preventative measures to reduce potential preference liability, negotiating “critical vendor” agreements, and shipper’s rights in connection with customers’ bankruptcies.


    Represented a Spanish client in its purchase of a Gulfstream G-550 aircraft from a Swiss owner, in which the aircraft was then under lease to Gulfstream for demonstration flights.


    Represented the owners of a Gulfstream G-III aircraft in a Section 1031 reverse like-kind exchange transaction involving the purchase of a Gulfstream G-IV aircraft.


    Represented the French/Icelandic purchaser of nine Bombardier CRJ-100’s under lease with an affiliate of Continental Airlines from a German bank.


    Represented an Irish based seller of two new Bell 407 helicopters to a Mexican based multinational corporation. Also represented this same seller in a sale of a Bell 407 helicopter to the owner of a Mumbai based private equity fund.


    Assisted clients in the purchase and finance of two Lear 60 aircraft and in the negotiation of charter partner and management agreements with an FBO management company, as well as agreements governing the utilization and sharing of costs among the owners.


    Represented an African based private charter company in negotiating the VIP conversion of a Boeing 777 aircraft by a Virginia based completion company.


    Represented clients in the preparation of dry leases, time sharing, and flight services management agreements for Gulfstream G-III and G-IV aircraft.


    Represented a large East Coast jet/helicopter charter company in its defense of more than 100 lawsuits filed in the United States and Brazil following a mid-air collision over South America. We persuaded federal judges in both Brooklyn and the 2nd Circuit to dismiss the lawsuits filed in the United States because Brazil was an available alternate forum.


    Prevailed in a case of first impression relating to an aviation accident involving The General Aviation Revitalization Act.


    Secured the dissolution of nationwide class action consent decrees on behalf of two of the largest LTL carriers.


    Defended a $9 million punitive damage claim in a willful misconduct suit against one of the world’s largest international airlines for a nominal settlement.


    Defended a maritime personal injury death case involving an America's Cup sailing yacht chartered by one of the service academies.


    Prosecuted a multijurisdictional litigation arising from a vessel collision in the Chinese port of Tianjin, involving more than $100 million in damages.


    Obtained $21 million in security from a Chinese ship owner through a maritime attachment in Mobile, Ala.


    Represented a major warehousing, trucking and logistics group in a $225 million debt financing and multiple acquisitions.


    Served as primary outside counsel for the Port Imperial Ferry, both in negotiating a ferry service agreement with the Port Authority of New York and New Jersey to relieve crowding on the Hoboken PATH line (including licenses for landing facilities in both Battery Park City and Hoboken), and in drafting and negotiating various licenses and leases relating to landing facilities and terminals on both the New York and New Jersey shores of the Hudson River.


    Represented several airline and charter operation clients, with co-counsel, in persuading the Department of Transportation to substantially alter their new consumer protection policy proposals so that they would not be onerous to the industry. The proposed policies would have seriously interfered with the airlines' ability to offer "public charter” operations.


    Publications


    What is a Vessel? [Maritime Alert]

    March 14, 2013

    The line between maritime and non-maritime jurisdiction continues to be redrawn. A recent case out of the Southern District of New York, Fireman’s Fund v Great American Insurance Company, 2013 U.S. Dist. 11114, held a dry dock that sank at its berth in Texas not to be a vessel. Unless plaintiffs could establish an alternative jurisdictional basis such as Diversity of Citizenship, the court ruled it lacked jurisdiction to decide the underlying insurance dispute. MORE


    Supreme Court Rules Floating Home Not a Vessel Under Federal Maritime Law [Maritime Alert]

    January 24, 2013

    On January 15, 2013, the Supreme Court, in a majority decision with two justices dissenting, ruled that a so-called “floating home” which did not have self-propulsion and essentially consisted of a house-like plywood structure with French doors floating on an empty bilge space, did not come within the definition of a vessel under 1 U.S.C. § 3 and therefore was not subject to maritime law. Lozman v. City of Riviera Beach, docket 11-626, 568 US ___ (1/15/2013). MORE


    Buyer (and Others) Beware ... The Lacey Act [Maritime Alert]

    January 06, 2012

    Buyer (and Others) Beware ... The Lacey Act - Maritime Alert - MORE


    Foreign Plaintiffs, Forum Non Conveniens, and the 1999 Montreal Convention [AILA]

    September 26, 2011

    Foreign Plaintiffs, Forum Non Conveniens, and the 1999 Montreal Convention - AILA - The purpose of this article is not so much to focus on the multitude of successful forum non conveniens motions that have been granted in recent years by US courts, but rather to focus on the increasing frequency of foreigners (i.e., non-citizens and non-residents) opting to sue in the United States. They do this because in many instances they are aggressively solicited by US-employed so-called ‘consultants’ who tell them that they can not only enjoy contingency fee MORE


    Ninth Circuit Decision Interprets Arbitration Provision Narrowly [Maritime Alert!]

    August 22, 2011

    Ninth Circuit Decision Interprets Arbitration Provision Narrowly - Maritime Alert! - The U.S. Court of Appeals for the 9th Circuit recently issued a decision, Cape Flattery Limited v. Titan Maritime LLC, Docket No. 09-15682, holding that a dispute pertaining to liability for damage caused during the salvage of a vessel could proceed in court, despite the inclusion of an arbitration provision in the salvage contract. In light of this decision, we recommend reviewing the language of all contractual arbitration clauses MORE


    U.S. Congress Must Begin To Walk The Walk On Airline Ownership [Aviation Daily]

    March 10, 2011

    U.S. Congress Must Begin To Walk The Walk On Airline Ownership - Aviation Daily - While public chatter about liberalizing U.S. law governing ownership and control of U.S. airlines seems never to cease, one aspect of the controversy is almost totally inexplicable: why has no legislation ever been drafted to accomplish the purpose or, at the least, encourage open discussion and debate about the details of doing so? MORE


    Legal Ease [The Beacon 6]

    September 21, 2010

    Legal Ease - The Beacon 6 - The Deepwater Horizon Oil Spill in the
    Gulf of Mexico, potentially one of the most
    devastating oil spills in U.S. history, will no
    doubt cause the government to re-examine
    the legal and regulatory scheme governing
    oil pollution in U.S. waters. Until then, we
    should consider the current legal regime
    governing civil and criminal liability for oil
    pollution under U.S. law. MORE


    Coverage for the Drunk Driving Employee Under the Business Auto Policy and Non-owned Automobile Endorsement [Transportation Lawyer's Association]

    January 01, 2010

    Coverage for the Drunk Driving Employee Under the Business Auto Policy and Non-owned Automobile Endorsement - Transportation Lawyer's Association - MORE


    Flying Through Squabbles of the Turbulent [Risk and Insurance Online]

    January 01, 2009

    Flying Through Squabbles of the Turbulent - Risk and Insurance Online - MORE


    International Litigation: The U.S. Jurisdiction To Prescribe and the Doctrine Of Forum Non Conveniens [The Federal Lawyer]

    October 01, 2008

    International Litigation: The U.S. Jurisdiction To Prescribe and the Doctrine Of Forum Non Conveniens - The Federal Lawyer - Since the 1945 decision by Judge learned hand in United States v. Aluminum Co. of America (colloquially known as the "Alcoa" case), it has become well-established law that the Sherman Antitrust Act-legislation that was adopted over 100 years ago-applies to and prohibits conduct in foreign countries if that conduct has an illegal "effect" in the United States. The very important issue today is the extent to which the MORE


    The United States and the European Union in International Aviation [The Federal Lawyer]

    August 01, 2008

    The United States and the European Union in International Aviation - The Federal Lawyer - This article will focuse on two major topics that are of very current interest in both the European Union (EU) and the United States. I have been deeply involved in both of these issues for many years. MORE


    The Aviation Industry: Storm Clouds In Sight [The Metropolitan Corporate Counsel]

    June 01, 2008

    The Aviation Industry: Storm Clouds In Sight - The Metropolitan Corporate Counsel - The Editor interviews James E. Robinson, member of law firm Cozen O’Connor,whose practice includes products liability, aviation and commercial litigation matters.

    Editor: Would you tell our readers
    something about your professional experience?
    MORE


    US court applies the doctrine of equitable estoppel [Insurance Day]

    July 13, 2007

    US court applies the doctrine of equitable estoppel - Insurance Day - A recent Southern District of New York court ruling took the rare step of applying the
    doctrine of equitable estoppel to grant coverage in contravention of a marine policy’s
    express terms. The ruling arguably broadens insurers’ duties of communication to
    the insured during the adjustment of a claim, according to Erik Kowalewsky and
    David Loh of Cozen O’Connor. MORE


    Staying Above Water [Corporate Counsel]

    April 01, 2007

    Staying Above Water - Corporate Counsel - While employers face a wave of
    confusion over existing FMLa mandates,
    the government could turn the tide
    yet again. In addition to likely updated
    regulations, legislation proposed by
    senator Christopher Dodd aims to
    provide six weeks of paid leave when an
    employee takes leave for his own serious
    health condition, or to take care of a
    parent, spouse, or child with a serious
    health condition. the senator also intends
    to broaden the reach of the FMLa, MORE

    Events & Seminars

    Panama Canal Expansion--Will it provide new opportunities for businesses in the U.S. Gulf? Houston, TX 06/20/2013
    2013 Aviation Law and Insurance Symposium / Winning Courtroom Strategies 01/23/2013
    Legal Aspects of Aircraft Leasing and Financing Seminar Washington, DC 11/30/2012
    2012 Global Congress on Travel Risk Management Houston, TX 10/01/2012
    NYCLA Admiralty & Maritime Law Committee CLE New York, NY 06/12/2012
    Ensuring Operation Control: Technical and Political Requirements N/A 05/18/2012
    AIA 2012 Annual Conference Las Vegas, NV 05/01/2012
    The Twenty-Fifth Sokol Colloquium on Private International Law Charlotte, VA 04/19/2012
    Seventeenth Annual Conference: European Competition Law and Transport Policy London, England 10/21/2011
    Current Issues in Maritime Law: "Piracy from the Marine Insurance Perspective" Seattle, WA 10/21/2011
    Aviation and Space Law Litigation Washington, D.C. 10/20/2011
    Legal Aspects of Aircraft Agreements Dubai, UAE 09/14/2011
    2011 Global Congress on Legal, Safety, and Security Solutions in Travel Houston, TX 08/25/2011
    Association of Transportation Law Professionals 82nd Annual Meeting Memphis, TN 06/24/2011
    American Conference Institute’s 3rd Annual Forum on Defending and Managing Aviation Litigation 06/22/2011
    TSA: Patting Down Your Rights 05/18/2011
    Annual McGill Conference On International Aviation Liability & Insurance Montreal, Canada 05/06/2011
    American Conference Institute: Trucking Litigation Chicago, IL 03/31/2011
    Regulatory Law in the Aviation Industry Washington D.C. 03/11/2011
    Legal Aviation Workshop: Legal Aspects of Aircraft Lease Agreements London, UK 03/01/2011
    IATA Legal Symposium Vancouver, Canada 02/13/2011
    Legal Aspects of Aircraft Lease Agreements Washington, D.C. 12/10/2010
    Chicago Marine Cargo Conference Chicago, IL 06/29/2010
    The American Conference Institute Presents: Defending and Managing Aviation Litigation 06/23/2009

    Press Releases


    Cozen O’Connor Earns Client Recognition in 2012 Chambers USA Rankings

    June 11, 2012

    Cozen O’Connor Earns Client Recognition in 2012 Chambers USA Rankings MORE


    Cozen O’Connor Earns Client Recognition in 2011 Chambers USA Rankings

    June 16, 2011

    Cozen O’Connor Earns Client Recognition in 2011 Chambers USA Rankings MORE


    Sher & Blackwell to Join Cozen O’Connor

    July 27, 2010

    Sher & Blackwell to Join Cozen O’Connor MORE


    Cozen O’Connor’s Paul Leary Named To Philadelphia Business Journal’s “40 Under 40”

    May 01, 2009

    Cozen O’Connor’s Paul Leary Named To Philadelphia Business Journal’s “40 Under 40” MORE


    Cozen O’Connor Member Paul K. Leary Jr. Named Member Of IADC

    July 17, 2008

    Cozen O’Connor Member Paul K. Leary Jr. Named Member Of IADC MORE


    Cozen O’Connor Member Rafael Perez Named Managing Partner of Newark and Trenton Offices

    March 18, 2008

    Cozen O’Connor Member Rafael Perez Named Managing Partner of Newark and Trenton Offices MORE

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