Barclay Damon
Barclay Damon

Transportation

As transportation issues span industries, Barclay Damon’s transportation team features an experienced group of regulatory, insurance, tort, employment, energy, and environmental attorneys to deliver comprehensive legal services to clients. Our bench also includes skilled appellate attorneys. Our practice is national in scope as many industry issues arise from federal law or reflect nationwide concerns. We routinely assist clients with matters relating to interstate, intrastate, and international motor carriers; bus companies; towing companies; logistics entities; customs brokerage; rail carriers; medical transport and more.

Coverage

Our transportation attorneys represent leading regional and national transportation insurers; prosecuting and defending declaratory judgment actions in matters pending across the country. Our team has extensive experience drafting declination or reservation or rights letters; drafting and updating policy forms; including manuscript endorsements; and preparing opinion letters.

We frequently handle matters that involve:

  • Commercial uninsured and underinsured motorists claims
  • Contingent-coverage policies
  • ISO commercial auto policy forms
  • MCS-90 endorsement and state variations
  • Primary and excess disputes
  • The interplay of general liability and auto liability policies
  • The scope of non-trucking policies 
  • UIIA endorsement

Defense

Our transportation attorneys regularly try cases, with some team members having tried more than 100 cases each. To provide the most accurate, relevant information for our clients, we also actively research the latest technological training and industry efforts to combat "reptile tactics" and prevent the misuse of Safestat data.

Cargo Claims

We provide both defense and coverage services for matters that involve:

  • Common-law defenses
  • Limitations of liability, cargo, and contingent coverages
  • Inland marine coverages, including riggers and warehouseman’s coverages
  • The difference between common-law carriage and contract carriage

Employment Issues

Our clients and contacts routinely indicate that the most pressing issues for many transportation entities are finding qualified drivers and establishing how to finance the relationship. Our labor and employment attorneys work on the management side, helping our transportation team with crafting contracts and litigating issues such as the status of drivers as employees or independent contractors.

Fracking and Energy

Our transportation attorneys work closely with our Energy Practice Area on fracking claims, assisting trucking companies that are deeply involved in fracking logistics and get pulled into resulting lawsuits. We have also been involved in drafting special insurance endorsements in response to developments in this field.

Environmental

We work closely with the firm’s Environmental Practice Area attorneys, including the NYS Department of Environmental Conservation’s former general counsel, to handle cases involving spills and other environmental claims.

Regulatory

Our team works with clients to ensure they are in compliance with relevant regulatory requirements and have the appropriate authorization and insurance to conduct their business.