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Trucking and Logistics

Our Trucking and Logistics Group's attorneys transcend beyond simply being attorneys – we are indeed trusted business advisors to our clients.

The Firm’s Trucking & Logistics Group has extensive experience working closely with owners and management of trucking, warehouse, and logistic companies to assist them in handling the many complex business and legal related issues that they encounter on a daily basis.  The Group helps clients focus on growing their businesses, reducing their potential risk exposure, and planning for the future needs of their companies. 

Our Firm understands that the Trucking & Logistics industry is constantly evolving as the industry’s laws and regulations are comprehensive, complex, and always changing.  Through ongoing communication with our clients, our relationships with other industry professionals, such as accountants, insurance specialists and bankers, and our participation in industry trade organizations, we advise clients of new laws, rules and regulations, and proposed legislation pending on the national and state levels that have the potential to impact their businesses.  We also pride ourselves on working with the professionals within our clients’ organizations so that our legal advice is framed by, and consistent with, clients’ business related and financial needs.  Our Trucking & Logistics Group attorneys define themselves in being more than just our clients’ legal counsel, but also becoming our clients’ long-term trusted business advisors.

Our “hands-on” approach with our clients’ owners and management teams and their respective business advisors ensures our Group’s ability to navigate the complex issues affecting our clients.  Our attorneys work also very closely with the Firm’s other departments, whose lawyers are experienced and seasoned professionals in the areas of corporate, employment, taxation, mergers & acquisitions, bankruptcy and insolvency, intellectual property, insurance, and real estate law.  Our Firm’s fully-integrated practice thus ensures that we meet a client’s overall expectations and needs in an efficient and cost-effective manner.

 

The legal services our Trucking & Logistics Group provides for its clients include: 

  • Corporate Transactions:  Our Firm handles corporate restructurings, mergers and acquisitions, sales, and purchases of companies through stock or assets.  Our attorneys guide our clients during start-up, laying the groundwork for attracting capital.  We advise buyers, sellers, investors, shareholder groups, boards of directors and other interested parties in all aspects of complex business combinations and other forms of acquisitions.  Many times, our most important contribution occurs at the outset of the transaction when we assist our clients in their analysis, structure and planning of the transaction.  This initial planning serves to inform the subsequent negotiations, due diligence, document preparation, and ultimate closing.

 

  • Litigation:  Our experienced and accomplished litigation department has significant experience handling complex commercial litigation cases in federal and state courts in a multiple number of jurisdictions, as well as having significant expertise in handling matters pending in alternative dispute resolution forums.  The Firm’s litigators have had a very successful track record in aggressively advancing the interests of our clients while, at the same time, ensuring that those interests are protected consistent with a client’s business objectives. 

 

  • Strategic Advice and Compliance:  We counsel and advise clients on all legal issues they may encounter, including the development of internal corporate policies and procedures, best employment practices, compliance with all federal, state, and local laws and regulations, and developing enhanced and more efficient operational processes. 

 

  • Contractual Enforcement:  We ensure our clients’ contracts are in compliance with all applicable laws and are thereby enforceable.  We also help our clients to enforce their contractual rights, including, without limitation, exercising their rights under relevant lien laws.

 

  • Employment Advice:  We have years of experience counseling our clients regarding  various employment matters, including navigating independent contractors and employee relationships in the most cost-effective fashion, negotiating and entering into employment agreements and master service agreements with suppliers, handling and litigating employee related claims, such as workplace discrimination matters and wrongful termination disputes, negotiating restrictive covenants, wage and hour compliance, overtime, worker classifications, government audits and related litigation, personnel policy development and training, severance agreements and claims mediation, successorship, joint employer and co-employer issues and work visas, H1-Bs, I-9 compliance, and E-verify.

 

  • Bankruptcy & Insolvency:  We have significant experience in counseling secured, priority, and unsecured commercial creditors both outside of and within bankruptcy proceedings in getting our clients paid.  We represent official and unofficial creditors’ committees in both Chapter 7 and 11 bankruptcy proceedings. Our creditor representations include debt restructurings, such as the refinancing of secured debt, negotiated settlements, recapitalization, the negotiation of fixed obligations, such as loans and leases, and assisting creditors in maximizing their return and protecting collateral.  We represent clients in both selling and purchasing distressed assets, whether in the ordinary course or in bankruptcy and other insolvency proceedings.  We provide our clients with tremendous resources and insight to aggressively handle all complex bankruptcy litigation matters, including adequate protection and stay relief matters, as well as preference, fraudulent conveyance, turnover and other avoidance actions.

 

Our Group’s representations include the following:

  • Logistics company in the leasing of a new warehouse space, tripling our client’s warehousing and storage capabilities.

  • Multi-generational trucking company in the relocation of its business by negotiating a new long-term lease with the Port Authority for a highly competitive space. 

  • Newer trucking company expanding its business operations by restructuring the company to permit new classifications of ownership interests for key employees.    

  • Trucking company with hundreds of employees in the implementation of company policies and procedures for multiple classes of employees, office personnel, and drivers. 

  • Food storage company in obtaining injunctions to enforce restrictive covenants against an employee who shared our client’s pricing models, trade secrets, and other confidential information with the employee’s new employer.

  • Warehouse client in negotiating the early termination of an existing warehouse lease so that our client could enter into a new lease to double our client’s warehousing capabilities.

  • Trucking company in its due diligence activities assessing whether to purchase the assets of a former competitor in bankruptcy.

  • Logistic company in the negotiating of warehouse and distribution agreements.

  • New Jersey trucking company in the bulk sale of the company assets to a New England based regional carrier seeking to expand its market to the Tri-State area.

  • Trucking company in the drafting of various freight-forwarding agreements.

  • Trucking company in the enforcement of carrier and warehouse liens.

  • Trucking company in the development and drafting of owner-operator leases.   

  • Trucking company in the defense of various preference actions by a bankruptcy trustee seeking to call back large sums of monies paid to our client prior to the customer’s Chapter 7 bankruptcy filing.

  • Advising all the Firm’s trucking & logistics clients during the COVID-19 pandemic crises including addressing specific employee situations under the Families First Coronavirus Response Act (FFCRA), implementation of new policies and procedures in response to state government ordered shutdowns and social distancing policies, applying for funding and loan forgiveness under the Paycheck Protection Act (PPP) and availability of assistance under the Coronavirus Aid, Relief and Economic Security Act (CARES Act).

“The assistance that Becker LLC’s Trucking and Logistics Group has provided to our company cannot be overstated.  They are our on-call general counsel. They provide us with all of the resources an in-house attorney would provide. We have improved our company’s business performance, met the needs of our clients, and reduced our company’s risk profile by following the advice of Becker LLC. We have further been able to grow our business with the guidance that Becker LLC has provided on business matters for which we have not typically utilized lawyers. We are truly appreciative of the Transportation Group’s continued support.” 
 

Will Grato, Co-founder of International Motor Freight 

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