Transportation & Logistics

Acquisition. Advised private equity firm regarding potential acquisition of logistics company with dozens of domestic and international locations.

Acquisition-Related Employment Advice. Assisted a logistics company in the labor and employment due diligence process leading up to the acquisition of a new line of business.

ADA Compliance. Represented an automobile manufacturing company in a class action alleging that the company website is inaccessible to blind individuals, in violation of Title III of the ADA.

Advertising. Provide advice and counseling to an American automotive multinational corporation on various issues, including advertising and online sales.

Arbitration Agreements and Hearings. Counseled clients to implement arbitration agreements that include class and collective action waivers, compelled claims to be heard in arbitration rather than in court, and represented clients in arbitration proceedings.

Bankruptcy Advice. Retained by an American car rental company that operates more than 12,000 corporate and franchise locations, both domestically and internationally, to provide advice and counseling regarding a Chapter 11 filing.

Bond Financing. Represented a manufacturer and distributer of tires in a $38,000,000 joint-development authority taxable industrial development revenue bond. The transaction involved the negotiation and implementation of property tax incentive savings for expansion construction and refunding of previously issued bonds, interwoven with complicated larger facility incentive bonds for title.

Build-to-Suit Leasing. Represented a leading supply chain management logistics provider in negotiating a 15-year, 207,000 square foot build to suit “high technology” office building lease.

California Class Action. Represented an aviation service company in a putative class action alleging failure to pay for all hours worked and overtime, failure to provide adequate meal and rest periods, violations of California Labor Code violations, and PAGA issues.

Complex Litigation. Represented a transportation and logistics services company in a lawsuit brought by truck driver employees alleging violations of the California Labor Code for failure to compensate for overtime hours worked, meal and rest periods and failure to reimburse expenses in the transportation industry.

Commercial Finance. Represented a Canadian stevedoring and shopping company as borrowers in connection with the refinancing of existing debt with the National Bank of Canada acting as lender.

Consumer Class Actions. Represented a motor vehicle manufacturer in defense of putative nationwide class action filed in New Jersey federal court regarding an alleged systemic steering defect in client’s marquee electric vehicle. Negotiated a very favorable settlement on an individual basis after filing motion to dismiss.

COVID-19. Retained by major automotive producer to review and revise policies concerning COVID-related paid sick leave, testing and vaccination reporting requirements, and remote work issues, and to ensure compliance with federal, state, and local laws.

Data Privacy and Security. Advised a major shipping provider on data privacy and security needs and litigation arising from those issues.

Discrimination Class Action. Represented an airline in a class action sex discrimination case challenging the airline’s mandatory maternity leave policy.

Corporate Advice and Counsel. Represented a lighting supplier in general corporate matters, including credit agreements, counseling regarding executive employment issues and other day-to-day corporate matters.

Distribution System Claims. Represented an automobile manufacturer in multiple suits in California by four affiliated dealers asserting a variety of contract, tort, and statutory claims challenging the OEM’s sale of dealership property and its new vehicle ordering and delivery practices. Obtained summary judgment in one action, upheld on appeal and more recently, obtained a defense verdict, including recovery of costs in remaining cases.

EEOC Charges. Representing a trucking company in a series of related matters including an EEOC charge and a systemic investigation in Tennessee, an EEOC charge in Virginia involving allegations of disability discrimination under the Americans with Disabilities Act, age discrimination under the Age Discrimination in Employment Act, and retaliation and interference claims under the Family and Medical Leave Act.

Employee Benefits. Assisting an Asian-based shipping and logistical services company with the continued maintenance of the qualified status of multiple defined contribution plans of the client and its affiliates, both from documentary and operational stand points. Seyfarth also provides fiduciary advice and counsel to the plan’s administrative committee.

ERISA Claims. Counseled multiple major commercial airlines on various benefits plans and represented them in ERISA claims arising from those plans.

Equity Investment. Represented a road and rail company in a $600 million equity investment in Diligimus AB, the holding company of a railway service company based in Sweden.

Fiduciary Duty Claims. On behalf of an auto manufacturer, obtained summary judgment in Massachusetts Superior Court (affirmed by Massachusetts Appeals Court) on claims by former individual investors and dealer operations for breach of fiduciary duty, breach of contract, securities fraud, and unfair and deceptive trade practices.

Franchise and Distribution. Won a key victory for a major automobile manufacturer in a high-profile lawsuit brought by a dealer in a major metro market involving several issues of first impression challenging the OEM’s right to terminate the franchises and related network support and real estate related agreements. The case involved proceedings in state court, Federal District Court, the Federal Court of Appeals, the United States Bankruptcy Court and the State Department of Motor Vehicles.

Labor Relations. Negotiated a national collective bargaining agreement with the Teamsters on behalf of an international transportation company.

Labor Relations. Represented Australia’s largest integrated transport provider in collective bargaining, ongoing restructuring projects, and the development of optimal workplace arrangements to bid for new supply contracts.

Price Discrimination Claims. Won a key victory for medium and heavy-duty truck manufacturers in a case of first impression under Massachusetts law, in which the Massachusetts Superior Court Business Litigation Session concluded that the industry-wide practice of offering competitive pricing assistance—sometimes called “concessions”—does not constitute price discrimination under the Massachusetts motor vehicle franchise statute.

Real Estate Portfolio Development. Advised a major national distributor and retailer on all facets of their real estate portfolio including property leasing and purchasing.

Technology Acquisition. Represented a leading provider of software and services for auto dealerships in an acquisition of a technology company with advanced live chat and virtual retailing tools to help auto dealerships offer customers a complete online car-buying experience.

Telecommunications Contracting. Negotiated and drafted contracts for a transportation and housing organization for a neutral host distributed antennae system that provided cellular coverage in a new bus and rail terminal in California.

Termination/Enforcing Operating and Performance Standards. Successfully defended a major auto manufacturer in United States District Court for the Southern District of New York in a wrongful termination case based on a dealer’s alleged deficient performance under various operating standards.

Trade Secrets and Non-Compete. Represented a logistics company in a single-plaintiff action brought against a former employee alleging breach of non-compete and trade secrets agreements in multiple jurisdictions including New York, Delaware, and California.

Transit Center Development. Representing the Transbay Joint Powers Authority (TJPA) on all construction-related matters pertaining to the development of a $4.5 billion transit center in the heart of San Francisco.

Unfair Labor Practice Charge. Obtained a walk away win for national logistics company regarding an Unfair Labor Practices charge alleging termination for engaging in a protected concerted activity.

Airport Redevelopment. Represented the design-build joint venture engaged by the sponsor entity for the $4 billion redevelopment of the LaGuardia Airport Central Terminal Building, involving the overhaul of one of New York’s busiest airports.

Highway, Bridge, and Tunnel Development. Negotiated on behalf of a government entity for funding of a $3.8 billion expansion of a major water crossing in Virginia, to include twin two-lane bored tunnels, new bridges, and new managed lanes.

Infrastructure Redevelopment. Represented a design-builder through commercial and financial close of a public-private partnership involving redevelopment of 27 highway service plazas in New York, recognized by The Bond Buyer as “P3 Deal of the Year,” and IJGlobal as “Transport Deal of the Year - North America.”