Shaking Things Up: Plaintiffs Stumble in Aftershocks of FAAAA Earthquake!

Over the past twelve months, the legal landscape with respect to freight broker liability has experienced a tectonic shift, prompting a re-evaluation of certain litigation strategies and business practices.  Virtually every motor carrier in today’s marketplace offers its own “logistics” service.  However, too often, motor carriers are ill-informed and do not think strategically about the nature of the services they are offering, how they deploy such services, and how they go about defending claims that they encounter.  Likewise, motor carriers frequently contract with unrelated brokers, freight forwarders, and other freight intermediaries without considering best practices.  As a result, they fail in minimizing risk or maximizing opportunity. 

This session will not only explain in detail the latest trends with respect to FAAAA preemption, and the defense and prosecution of broker-related claims, but will provide motor carriers with real-world, practical action items to mitigate certain potentially existential risks when building and operating their own freight brokerage businesses or when working with unrelated third-party freight intermediaries.  This session will provide the perspectives of outside counsel as well as two in-house counsel who have navigated these thorny issues themselves (both domestically and cross-border) over time, thereby ensuring actionable takeaways from this cutting-edge session.