Practice Areas

Transportation Law

Sanborn, Brandon, Duvall & Bobbitt Co., L.P.A. has continuously served the needs of the transportation industry since 1925 and provides a full range of transportation law services to transportation providers, intermediaries and shippers including the following:

Licensing and Registration

• We assist clients in obtaining motor carrier, broker and freight forwarding licenses at both the federal level (USDOT–FMCSA) and state level (including PUCO) as well for Canadian and Mexican operations.
• We assist clients with Hazardous Materials licensing and registration at both the federal level (USDOT- PHMSA Hazardous Materials Registrations and USDOT–FMCSA Hazardous Materials Safety Permits) and state level (including Uniform State Hazardous Materials Transportation Motor Carrier Registration).
• We assist clients with International Registration Plan (IRP), International Fuel Tax Agreement (IFTA), Single State Registration, Uniform Carrier Registration Agreement (UCRA), Bonded Carrier and Warehouse, Customs-Trade Partnership Against Terrorism (C-TPAT), state Infectious Waste Transporter Certificates and alcoholic beverage commission transporter licenses (Ohio H Permit) registration, licensing and reporting.

Safety Regulation Compliance

• We assist clients in complying with USDOT-FMCSA and related state laws and safety regulations governing the operation of commercial motor vehicles including drafting and reviewing company policies and procedures.
• We assist clients in complying with federal and state hazardous materials regulations including drafting and reviewing security plans, training programs, emergency response programs, placarding requirements and proper preparation of HAZMAT shipping papers.
• We assist clients in preparation and management of USDOT-FMCSA and state agency safety audits.
• We defend clients in federal and state civil forfeiture proceedings.
• We obtain USDOT-FMCSA Safety Rating upgrades through the initiation of 49 C.F.R. §§ 385.15 and 385.17 Petitions.
• We advise clients regarding the management and improvement of SafeStat and CSA 2010 ratings.

Contracts for Transportation and Logistics Services

• We draft and review a variety of Transportation and Logistics related contracts including the following:
  • Motor Carrier Transportation Services Contracts
  • Third Party Logistics Contracts
  • Broker-Shipper Contracts
  • Broker-Carrier Contracts
  • Warehousing Contracts
  • Owner Operator Independent Contractor Operating Agreements
  • Tractor Lease-Purchase Agreements
  • Commission Agent Agreements
  • Equipment Leases
  • Freight Forwarding Agreements
  • Ocean Service Contracts
  • NVOCC Service Arrangements
  • Equipment Interchange Agreements
  • Passenger Service Agreements
  • Bills of Lading
  • Tariffs and Service Guides

Transportation Related Claims

• We counsel clients and litigate claims involving freight loss and damage, freight charges, property damage and personal injury.

Transportation Related Insurance

• We counsel clients regarding many types of transportation related insurance products including commercial auto, motor carrier cargo legal liability and broker contingent cargo insurance policies.

Driver Licensing

• We represent clients in administrative proceedings regarding the suspension and reinstatement of driving privileges.

Private Carriage

• We provide advice and strategic planning for shippers and private carriers in connection with outsourcing transportation functions as well as converting private fleets into for-hire carriers.

Corporate Law

Our clients rely on us for practical solutions in the following areas:

• Entity selection and formation
• The use of multiple entities to maximize asset protection and minimize taxes
• Buy-sell agreements
• Business succession planning
• Mergers and acquisitions
• Non-profit formation and qualification
• Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) and Womens Business Enterprise (WBE) certifications
• Exit strategies

Workers’ Compensation Law

We aggressively represent employers in the following areas:

• Defense of claims at all levels of the administrative process and all proceedings in Ohio courts
• Defense of Violation of Specific Safety Requirement (VSSR) Claims
• Workers’ compensation rate and premium reduction strategies
• Disputes regarding premium assessment, rates and audits
• Defense of challenges to the independent contractor status of workers
• Interstate jurisdictional issues and coordination of Ohio coverage with other states’ coverage
• Implementation of cost containment plans

Employment Law

We counsel clients regarding all aspects of the employment relationship and employment law compliance including the following:

• Preparation and review of employee handbooks and employee policies
• Consultation regarding matters of employee discipline and discharge
• Drafting of employment, confidentiality and non-competition agreements
• Investigation, mitigation and litigation of overtime, wage and hour, wrongful discharge, discrimination and harassment claims
• Advising regarding reductions in force, reorganizations, and acquisitions
• Drafting and reviewing employee leasing, staffing and Professional Employer Organization (PEO) agreements

Taxation

We counsel clients regarding a wide rage of federal, state and local taxation issues, including:

• Representation in defense of IRS audits, sales and use tax audits, and fuel tax audits
• Proactive business planning to minimize tax burdens
• Preparation of Federal and Ohio Estate Tax Returns

Litigation

We represent clients in administrative hearings, state and federal courts in a variety of matters including:

• Defense of Workers’ Compensation Claims
• Defense of Preferential and Fraudulent Transfer Bankruptcy Claims
• Freight Loss and Damage Claims
• Non-Competition Agreements
• Commercial Collections
• Business Disputes

Business Transactions

We assist clients with the planning and documentation of numerous commercial transactions including:

• Loans, revolving lines of credit, factoring and other commercial lending arrangements
• Equipment leasing sales agreements
• Requirements and supply contracts
• Promissory notes, security agreements and secured transactions
• Franchise agreements
• Distribution agreements

Real Estate

We represent clients in a wide range of real estate matters including:

• Representing both landlords and tenants in leasing transactions, including retail leases, office leases, industrial leases and subleases
• Assisting clients in the preparation and review of purchase agreements, conveyancing documents and financing documents
• Drafting and reviewing construction contracts and architect agreements

Estate Planning And Probate

We provide legal services to both plan and administer estates including:

• Preparation of estate plans including wills, trusts, financial and health care powers of attorney and health care directives
• Implementation of business succession plans and probate avoidance strategies
• Preparation of estate and gift tax returns and related planning
• Administration of probate estates
• Obtaining releases from administration of probate estates
• Trust administration