Intermodal and Terminals

Experience That Ensures Informed Counsel

Because Holland & Knight has been on the cutting edge of the law governing the carriage of goods by sea, our clients receive the benefits of our generations of work in this area. In 1924, Charles S. Haight, a founding partner of Haight Gardner Poor & Havens, with whom Holland & Knight amalgamated in 1997, chaired the international convention that drafted the rules (Hague Rules) that continue to govern the majority of ocean cargo carried throughout the world.

Industry Involvement Results in Proactive Advice

Since the dawn of containerization, April 27, 1956, Holland & Knight has been at the forefront of those firms advising on the law that governs all modes of transportation of cargo. Involvement in current efforts by the United Nations Commission on International Trade Law (UNCITRAL) to draft a new multimodal cargo transportation treaty is one way our maritime attorneys continue to be involved in processes that could potentially impact you.

Handling the Full Scope of Transactional Work Our Clients Demand

All aspects of intermodal transportation are represented in our maritime law practice, including:

• the acquisition of intermodal chassis, containers and trailers, and the interchange of such equipment under the Uniform Intermodal Interchange and Facilities Access Agreement ("UIIA")
• the establishment of chassis pools, shipper-broker-rail and motor carrier agreements, owner-operator lease agreements and the ocean and inland transportation by rail and motor carrier of both loaded and empty equipment

Each day we work with clients dealing with issues touching upon the UIIA, "roadability" of intermodal equipment and the law and regulations affecting ocean transportation under the Federal Maritime Commission ("FMC"), as well as rail and motor carrier transportation and regulation under the Surface Transportation Board ("STB") and the Federal Motor Carrier Safety Administration ("FMCSA").

In addition, our international maritime law attorneys assist with all legal aspects of:

• terminal operations
• security, including working with U.S. Customs and the U.S. Coast Guard
• marine construction disputes
• casualties, including allisions
• crane and equipment procurement and financing

Representative Cases

• advised the largest marine terminal operator on the U.S. East Coast in connection with proposed revisions to the interchange provisions of a chassis pool operated at the terminal affecting most major ocean carriers calling the terminal as well as the motor carriers that interchange equipment under the Uniform Intermodal Interchange and Facilities Access Agreement ("UIIA") at the terminal
• represented major east coast terminal operator on the $55M financing of new shore cranes
• frequently advise a Class One railroad on (i) its participation in chassis pool agreements (ii) on intermodal rail transportation services agreements; and (iii) on significant line sales
• advised publicly traded logistics providers on their motor carrier lease agreements with owner-operators, including acting as class action defense counsel in a class action challenging leases of that kind
• drafted template broker-motor carrier agreements for a Class One railroad to use with the motor carriers it engages on a contract basis to fulfill TOFC/COFC service
• advised a publicly traded non-asset based logistics provider on its agreements with various ocean carriers
• advised a publicly traded non-asset based logistics provider on its participation in chassis pool agreements proposed by an association of ocean carrier equipment providers
• advised a publicly traded non-asset based logistics provider on its long term rail carrier agreement with a Class One railroad
• frequently advise clients on the acquisition of intermodal equipment, including containers, trailers and chassis
• frequently advise publicly traded shippers and/or logistic providers on the terms and conditions of intermodal brokerage agreements, shipper-broker, broker-carrier and shipper-carrier agreements
• in-depth experience with the rules governing the interchange of chassis, trailers and containers under UIIA and AAR agreements, COFC/TOFC service, and all regulatory requirements