TOPICS ADDRESSED INCLUDE:
- Understanding MAP-21, including unauthorized brokers “interlining” of freight, double-brokering and more
- Protecting against Accident Liability Claims through Contracts and Carrier Selection
- Attendees receive a sample Broker-Carrier Agreement designed to Reduce Risk
- Understanding the role of CSA BASICs and DOT Safety Ratings
- Protecting against and Dealing Practically with Cargo Claims
- Insurance-types, Coverage and Common Exclusions
- Strengthening Broker-Carrier Agreements to Mitigate Risks of Liability to Third Parties
- Avoiding Pitfalls in Shipper Contracts (indemnity clauses and anti-indemnity laws)
- Cargo Theft and Other Fraud Scams
- Compartmentalizing Risk and Reducing Taxes through Business Entity Structure
- Understanding Misclassification of Employees and Independent Contractors
- Non-Competition and Non-Solicitation Provisions
The $75,000 broker and freight forwarder bond requirements are already in effect. But, the MAP-21 provisions critical to your business go far beyond just the new bond requirement. Understand better the effects of MAP-21 on your business and how you can use the new provisions to better protect your business and to outpace your competitors. This seminar will provide you with a better understanding of the MAP-21 provisions applicable to brokers and freight forwarders, including new requirements for qualifying for a broker or freight forwarder license, distinctive registrations, who may broker and who may not (including, when a carrier may “interline” and when it may not), and the penalties for unauthorized brokering. Many of the expected effects (and unintended effects) of the MAP-21 provisions will be addressed in this seminar. Learn how the MAP-21 provisions may help protect brokers from various liabilities.
Protecting against Liability to Third Party for Accidents
Injured parties are asserting claims against brokers and other selecting carriers at an ever increasing crates and, in some cases, are obtaining large awards. The various theories of liability being asserted by such parties will be addressed, including an analysis of lessons to be learned from some of the more prominent cases. Attendees gain a knowledge of how to mitigate the likelihood of such claims being asserted and how to strengthen their defense when such claims arise. Topic related to this subject will include: factors to consider in establishing a carrier selection protocol; how a strong broker-carrier agreement can help protect against liability; pitfalls to avoid when dealing with your carriers and their drivers; balancing risk protection against serving your shipper customer well; the role that CSA BASICs and other public information plays in connection with such claims; and, what the industry is doing to combat the unintended adverse effects of CSA.
Protecting against Liability for Cargo Loss and Damage Claims
Brokers are not liable for cargo damage claims—right? Learn what theories shippers (or their subrogated insurers) assert against brokers when cargo is lost or damaged and what practical weapons shippers use to force payment of their claims from brokers. This seminar will address traditional defenses to such claims, ways to mitigate the effects of the claims, and ways to better defend against cargo loss and damage claims when they do land on your desk. Learn how to better define your role and how to better avoid a shipper imposing cargo liability on a broker during the negotiation phase.
Insurance Issues of which a Broker must be Aware
Learn what types of insurance are available to brokers, what coverages brokers typically obtain and which are good and which may be worthless. Various exclusions in carriers’ policies and how such exclusions may harm your customer or give rise to a claim for liability against you as a broker will be discussed.
A strong and well drafted broker-carrier agreement not only strengthens your position and relationship with the carrier, but, can also give you protection against claims from outside third parties. A well-crafted broker-carrier agreement may actually be one of your best selling points with customers. Learn what to provisions should be included in a good broker-carrier agreement, what provisions are like a double-edged sword, and (just as importantly) what provisions should absolutely be left out. Gain the peace of knowing that your broker-carrier agreement is a valuable asset, rather than having it become a liability.
Learn to identify the pitfalls in contracts your customer attempts to impose upon you. Understand how credit applications, terms and conditions, e-mails and other correspondence can strengthen your position—not just to assure payment of freight charges; but, to protect you from liability. Learn how MAP-21 provisions can help you. The seminar will address indemnity clauses and certain anti-indemnity legislation.
Business Entity Structure
This seminar will address various ways to compartmentalize risk, gain tax advantages, and protect wealth you have worked hard to achieve through proper selection of business entities and corporate/LLC structures. Understand better why various forms of businesses fit different situations so much better and learn when to combine certain entity forms. Don’t let that one mistake by someone else cost cause you to lose your nest egg.
Employee vs. Independent Contractors
Understand the issues and risks of “employee” misclassification and why such a classification is critical on multiple fronts of liability exposure. Know what issues to avoid and how to better manage those that you cannot avoid. Understand how this issue affects your relationship with carriers and may effect your “agent-based” brokerage structure and be sure that what you do is appropriate for your business.
Non-Competition and Non-Solicitation Provisions
How important to your brokerage business are your relationships with your customers and carriers? Perhaps they are “everything.” Understand better the reasons for non-competition and non-solicitation clauses and to what extent they are enforceable or not. Explore the theories and limits courts consider in determining whether your provision is enforceable or not.
Questions and Answers
Questions regarding topics are welcome and encourage while the various topics are being addressed. In addition, an hour or so will be reserved near the end of the day for open questions attendees may have on topics that were not addressed.
Take Away Value
This seminar is tailored for brokers. The “take-away value” will be tremendous. Receive valuable instruction from a seasoned transportation and logistics attorney that will help you avoid problems and will lessen the effects when problems inevitably arise. Attendees will receive an up-to-date booklet with explanations, references and citations to applicable case law, statutory and regulatory authority. These materials will be a ready-reference in assisting attendees in the future. Let “prevention” prevail over reactive defense and remedial action.