transportation

overview

For nearly four years, I was the chief legal officer of a portfolio of closely-held companies operating the the freight transportation industry, including commercial motor carriers, freight brokerages, equipment leasing companies, and an invoice factoring company. In that role, I assisted and advised on risk in several legal areas, including business transactions, nationwide claims management, compliance with the Federal Motor Carrier Safety Regulations (FMCSRs), and employment matters.

services

J Fulk Legal can provide services to both asset- and non-asset logistics providers and other transportation industry participants, including:

motor carriers

  • Drafting and advising on employee and owner-operator agreements, including truth-in-leasing regulation compliance

  • Negotiating broker-carrier and shipper-carrier agreements

  • Defending cargo loss, damage, and delay claims

  • Pursuing payment, property damage and broker’s bond claims

  • Advising on unfair or fraudulent towing practices

  • Advising on driver hiring and retention procedures, waivers, policy manuals and handbooks

  • Preparing freight and sales agent agreements

  • Advising on compliance with the FMCSRs and applicable state safety regulations

  • Consulting on safety programs and technologies and optimizing for use in litigation

freight brokers

  • Negotiating broker-shipper agreements, including indemnity clauses, insurance requirements, and liability limitations

  • Drafting and negotiating standard broker-carrier agreements and rate/load confirmation terms

  • Advising on independent contractor and employee classification issues

  • Guiding on surety bond requirements (BMC-84/BMC-85), insurance coverage, and recordkeeping obligations

  • Advising on freight charge disputes

  • Defending cargo loss, damage, and delay claims

  • Defending claims on surety bonds and lawsuits involving allegations of negligent hiring of motor carriers

freight factoring

  • Preparing standard terms and conditions of factoring and buyout agreements

  • Structuring client onboarding procedures to minimize the risk of fraud and future uncollectability

  • Assisting with collection of unpaid invoices, including demand letters, assertion of UCC Article 9 rights, and litigation

  • Resolving conflicts arising from misdirected payments or improper deductions

equipment lessors

  • Developing master equipment lease agreements and lease-purchase agreements that clearly define ownership, maintenance obligations, lease terms, and remedies on default

  • Drafting and negotiating equipment leases to ensure clarity on payment, insurance, use restrictions, and return conditions

  • Preparing equipment asset purchase and sale agreements

  • Filing and managing UCC financing statements to preserve ownership interests in leased equipment

litigation assistance

  • Managing outside litigation counsel in personal injury or commercial litigation

  • Advising on pre-litigation strategy and settlement negotiations

  • Coordinating responses to subpoenas, garnishments, and government investigations

  • Reviewing pleadings and legal strategy with external counsel