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Logistics and Warehousing

Practices

Third-Party Logistics Providers & Warehousing

Third-party logistics providers (3PLs), which play a key role in supply chains, present complex legal issues because they can assume various roles and be subject to different regulatory requirements depending on the activities they perform and whether they work for shippers or carriers. We have helped shippers and 3PLs navigate these issues, which often involves developing complex commercial contracts and counseling on regulatory compliance and liability risks.

Warehousing also is a critical supply-chain component. Often treated as a generic real estate transaction, contracting for warehousing services can involve complex matters related to product loss and damage, distribution delays and product finishing/packaging. Addressing these issues contractually is imperative to ensuring the smooth operation of a logistics network.

Illustrative examples of our 3PL and warehousing experience include:

  • Representing a U.S. automobile manufacturer in evaluating global bids and conducting contract negotiations with NVOCCs, ocean freight forwarders and air freight forwarders.
  • Representing a major U.S. toy importer in evaluating global bids and conducting contract negotiations with ocean carriers, ocean freight forwarders and air freight forwarders.
  • Drafting global air freight forwarding contracts.
  • Drafting global logistics agreements for multimodal transportation, warehousing, customs clearance and related services for companies across a broad cross section of industries, including retail, manufacturing, chemicals, foods, consumer products and automobiles.
  • Drafting a logistics agreement for a U.S. exporter of food products for transportation, warehousing and customs services in China.
  • Drafting comprehensive domestic warehousing contracts for a large importer of linens and towels and a chemical manufacturer.
  • Drafting comprehensive contracts for warehousing services in Mexico for a major chemical company and a major tire manufacturer.
  • Advising shippers across various industries, as well as intermediaries and carriers, in contract disputes involving claims for the collection of freight, demurrage, over- and undercharges, deadfreight and other breach of contract claims.
  • Advising 3PLs on governmental authority, licensing and registration issues.
  • Drafting cross-docking services agreements.
  • Advising shippers on double-payment liability when 3PLs fail to pay contracted carriers.