Transportation & Infrastructure
We Understand Your Business
Companies across the transport industry are working to develop today's vision into tomorrow's reality ─ from intercity transportation to global transport. To exploit emerging opportunities, the world's leading transportation companies and service providers are turning to Holland & Knight because of our extensive experience, our deep knowledge and our prompt responsiveness. With a long history of representing clients in transportation matters, we advise clients at nearly every point in the supply and distribution chains and deal with the myriad issues that have emerged in the industry, including recent COVID-19 issues.
Holland & Knight's Transportation & Infrastructure Industry Sector Group is prepared to assist industry clients in adapting to the anticipated changes by the new administration. Our team wrote blog posts each day leading up to President Joe Biden's inauguration, with insights as to likely impacts on the various segments of the industry, including Aviation, Construction, Maritime, Freight Rail, Motor Carriers, Transit and Autonomous Transportation. Where appropriate, we will be providing updates after President Biden's first 100 days in office. Bookmark our Election Impacts on Transportation & Infrastructure resource page to follow along. As more regulation is anticipated under the new administration, we are pleased to say that we have experience with several of the U.S. transportation and infrastructure related agencies. We invite you to contact the individuals listed in our Agency Resources Listing when you have challenges involving a given regulatory body.
Maritime: Maritime industry leaders are focused on market consolidation to enhance efficiencies and reduce costs with the use of AI and blockchain smart contracts. Industry agreements require updating to address significant new court rulings as to maritime liens, safe berth / safe port, use of arbitration and mediation, punitive damages, and the interpretation of bills of lading impacting intermodal carriage of cargo.
Motor Carrier/Road: Motor Carriers that utilize independent contractors are increasingly being subjected to new laws and court rulings attempting to reclassify independent contractors as employees. While this problem is most acute in California and Massachusetts, it is also becoming more of an issue in many other states. It is envisioned that motor carriers will be faced with lawsuits and potentially fines and even criminal charges related to classification. In the meantime, the U.S. motor carrier and logistics industry has been heavily impacted by supply chain disruptions and decreased demand resulting from COVID-19. Manufacturing and trade are generally down. However, certain segments of the market have experienced increased demand, such as transportation of essential goods to medical providers, groceries and warehouses.
Freight Railroads: In these unprecedented times, freight railroads confront the dual challenge of achieving ever-lower operating ratios, while simultaneously striving for ever-higher customer on-time deliveries. Despite COVID-19 overall volume reductions year to date, railroads’ efforts to implement operating expense savings over recent years are proving significant in maintaining those operating ratios. Growing government actions to address the nation’s health crisis may lead to efforts by interest groups to leverage existing efforts to enlarge regulation over the still-extensively regulated rail industry.
We Can Help
Holland & Knight's Transportation Team has a long tradition of providing legal counsel to major sectors within the industry, including aviation, maritime, transit, freight rail, motor carriers and logistics, and autonomous transportation. Members of our team have extensive industry knowledge and experience and represent transportation clients in all aspects of their business operations, including:
- Construction: Most sectors within the transportation industry require significant infrastructure to facilitate their operations. We can help you with all of your legal needs related to the project development and construction of such infrastructure, including contract drafting and administration, bid protests and disputes, and contract claims and litigation.
- Corporate Services: Our team has extensive experience in handling transactions that are unique to the transportation industry as well as in providing general business law advice on issues such as contracts and agreements, mergers and acquisitions, purchases, and sales and taxation.
- Environment: Transportation operations give rise to environmental concerns and the threat of an impact is prevalent. We can help you develop and implement compliance programs to avoid such impacts and, in the event an impact does occur, we can assist you in reviewing, mitigating, remediating and litigating the impact in order to protect both the environment and your business interests.
- Financial Services: Whether operating an airline, a maritime shipping business or a surface transportation enterprise, substantial funding is required to support your daily operations. Using innovative financing techniques, our team can assist you with your project finance needs, including equipment financing, bond issuances and federal funding.
- Insurance: All companies face potential liability risks and the transportation industry is no exception, where a major accident can cripple a company's financial well-being. We can help you anticipate risks and protect your interests through effective insurance planning.
- International: Transportation operations span the globe. Our team has extensive experience helping clients address their international legal needs, including contract drafting and negotiation, project development and financing, import/export controls, FCPA compliance and dispute resolution.
- Labor, Employment and Benefits: We can guide you through common employment issues such as policies, training and benefits as well as issues that are of importance to the transportation industry such as OSHA and workplace safety. In addition, we can represent your management interests in employment disputes and labor negotiations and disputes.
- Land Use and Government: Land use issues are a key concern within the transportation industry. Our team can represent your interests before government agencies on matters including land use and zoning, permitting, condemnation, right-of-way and trackage rights.
- Litigation and Dispute Resolution: Disputes are an unavoidable consequence of doing business. When disputes occur, we are prepared to represent you aggressively and efficiently at a reasonable cost. Our Transportation Team includes highly skilled and deeply knowledgeable litigators who are respectful of your instructions and needs. Our extensive experience covers the full range of transportation sectors.
- Public Policy & Regulation: The transportation industry is subject to a vast array of regulations at the state and federal levels. Our team can help you safely navigate those regulations and can also represent your interests before governmental agencies on matters such as federal authorizations, appropriations and grants; federal, state and local licensing; public-private partnerships; and privatization. In addition, we can advise you on antitrust compliance related to your alliances.
- Real Estate: We can help you with all of your real estate needs in connection with your transportation operations, including acquisitions, leasing, joint development and transit-oriented development.
- White Collar Defense and Investigations: Government investigations can occur within the transportation industry. Our team can represent your interests in any type of investigation or litigation, including qui tam lawsuits.
Guidance You Can Trust
The combination of our thorough knowledge and experience, our extensive history of leadership in bar and industry organizations, the established working relationships we maintain with participants in every facet of the industry and our sincere commitment to provide responsive service is why clients entrust our Transportation Team to handle their legal needs.
These attributes are also the reason why our Transportation practice was named 2022 "Practice Group of the Year" by Law360. In addition, members of our Transportation Team have been recognized among the top legal professionals in the country by leading publications, including Chambers USA – America's Leading Lawyers for Business, Best Lawyers in America, Euromoney Legal Media Group Guide to the World’s Leading Aviation Lawyers, The International Who's Who of Aviation Lawyers, Legal Media Group: The Best of the Best, Legal Media Group: The Best of the Best USA, Legal 500, U.S. News - Best Lawyers "Best Law Firms," Euromoney Legal Media Group Guide to the World’s Leading Shipping and Maritime Lawyers and The International Who's Who of Shipping & Maritime Lawyers. These publications base their rankings and commentary on input provided by those who are best positioned to evaluate our capabilities ─ our clients and other attorneys in the industry.