Transportation

Any major user or provider of motor carrier or logistics services in North America – particularly any global organization – knows the importance of having Texas-based lawyers with proven shipping industry and cross-border trade regulation experience.  This describes Gardere's transportation practice – a team of lawyers widely respected for its depth, and bilingual and bicultural ability to help clients with complex international transportation and supply-chain transactions, disputes and regulations.

We serve motor carriers and logistics companies, broker and freight forwarders, as well as entities on the user side, such as manufacturers, maquiladoras, distributors and other consumers.  Keenly aware of the trend toward integration of transportation and logistics functions, we guide our clients through often conflicting provisions that apply to component services and the use of third-party providers. That experience and our perspective are valuable advantages to anyone faced with providing international transportation services, dealing with cargo claims, needing to finance equipment or requiring cross-border shipping.

Clients tell us that our knowledge of the regulations governing shippers and motor carriers is critical to them. So is our grasp and understanding of their horizon issues, such as changes in energy and immigration policies, trade policy initiatives, the driver shortage and its consequences – and, the ever-changing regulatory dispositions affecting hours of service and safety issues.    

Transportation Industry Essentials

Thanks to our industry-specific experience and knowledge – including maritime and aviation-related issues arising in a multimodal context – we help clients spot and stay on the right side of claims and sanctions before they happen, including compliance with Foreign Corrupt Practices Act (FCPA), customs, international trade and import-export controls.

Expanding Internationally – Inbound and Outbound

We help clients with all the issues affecting their cross-border acquisitions, divestitures, operations and activities, including:

  • Foreign investment restrictions
  • Corporate structuring and formation
  • Corporate governance
  • Permitting and compliance
  • Labor and employment
  • Immigration
  • Tax
  • Equipment acquisition or importation
  • Leasing
  • We have also advised clients regarding international supply chain issues (including vendor-managed inventory matters and creation of shipping associations) and helped foreign subsidiaries structure related-party pricing and intercompany agreements.

Regulatory Compliance and Dispute Management

Our team has helped several clients develop and implement anti-corruption policies and conducted FCPA due diligence and training. We have minimized U.S. and target-country tax and legal burdens, supported on-going import/export compliance in the U.S. and target countries, developed international services and distribution agreements, and managed cross-border litigation matters, including the discovery process for U.S. companies facing disputes abroad. We also regularly represent motor carriers before federal and state regulatory agencies in the United States.

Immigration and Employment

Our lawyers have developed expatriate and global employment-related policies for the cross-border movement of personnel. We have had specific experience with personnel movements to Australia, Brazil, China, the Czech Republic, India, Mexico, Norway, Singapore and South Korea. 

Non-U.S. Entities

Clients investing or expanding into the U.S. have sought our experience and counsel. We frequently see the following needs in that context:

  • Expansion due diligence and structuring analysis
  • U.S. Customs obligations and compliance
  • Corporate structuring
  • Tax issues
  • Employment and immigration issues
  • Transportation regulatory, permitting and international supply chain issues
  • Related-party pricing issues and development of intercompany agreements
  • We have also advised these clients to negotiate and draft services agreements

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