Nicholas J. DiMichael
Nick is senior counsel in the Transportation practice group. Nick focuses on assisting shippers in developing arrangements to satisfy their domestic and international transportation needs and in complex transportation-related litigation. He served as the general counsel to The National Industrial Transportation League, the nation's oldest and largest shipper organization from 1988 to 2009.
Nick also has advised a wide variety of other national associations in their transportation matters, including the fertilizer, recycling and scrap industries, the paper industry and others.
Nick has participated in many major proceedings before the Surface Transportation Board (STB) and its predecessor, the Interstate Commerce Commission (ICC), as well as proceedings before the Department of Transportation, the Federal Maritime Commission and other agencies concerned with transportation. Recent major proceedings include Hours of Service rules before the Federal Motor Carrier Safety Administration; proceedings regarding small shipper rate cases before the Surface Transportation Board; a rulemaking concerning non-vessel operating common carriers before the Federal Maritime Commission; and a rulemaking dealing with hazardous materials transportation jurisdiction before the Research and Special Projects Administration of the Department of Transportation.
Nick works with a wide variety of individual companies in dealing with their transportation concerns. These include firms in the business of electric generation, mining, chemicals, automobile manufacture, steel, scrap and recycling, petroleum, paper, agricultural and food products; and many others. This work has involved a broad range of activities, including the drafting and negotiation of rail and motor transportation contracts; advice on transportation rates, terms and conditions; development of effective service arrangements; advice and litigation dealing with service failures; advice on regulatory matters involving hazardous materials; licensing and acquisition of rail services including short line construction and licensing; and many others.
He has worked with numerous utility companies in developing legal strategies for obtaining their coal supply and transportation of that coal at a reasonable and competitive cost. He is transportation counsel for the state of North Dakota, and has studied, for the state, the level of rail rates on grain from the state.
Nick also has wide experience in international transportation, and has been active in developing international transportation arrangements under the Ocean Shipping Reform Act. He has assisted parties participating in the international effort to negotiate a new ocean cargo liability treaty.
He has been extensively involved in litigation before the courts and regulatory agencies in transportation and coal supply matters. Nick has litigated numerous transportation contracts before both state and federal courts, and in arbitration. He has been active in rail merger matters on behalf of individual companies. He has litigated rail rate reasonableness proceedings before the ICC and its successor, the STB. He has broad experience in exploring and securing benefits of the competitive market in transportation for his clients, including the construction and/or purchase of rail lines.
Nick has been named by Chambers USA, a multinational research organization that publishes law firm rankings based on peer review and market recommendations, as one of the top 12 transportation attorneys in the country.
- Listed in Legal 500, 2019
- AV® Preeminent Rated by Martindale-Hubbell
- Selected for inclusion in The Best Lawyers in America© 2008 to 2021 in the field of Transportation Law; named the Best Lawyers® 2020 Transportation Law "Lawyer of the Year" in Washington D.C.
- Selected for inclusion in Washington, D.C. Super Lawyers 2010 -2019
- Recognized in Chambers USA: America's Leading Lawyers for Business, Transportation, Nationwide, 2014 to 2017
- District of Columbia Bar
- Association of Transportation Law Professionals
Eight Thompson Hine Lawyers Recognized by Washington, D.C. Super Lawyers Thompson Hine LLP
May 13, 2019