Phil’s work focuses on transactional and regulatory issues across the transportation services and supply chain management continuum, where he represents users and providers, including manufacturers, distributors, retailers, carriers, brokers, intermediaries, forwarders, and managed transportation service providers in connection with general business consultation, regulatory compliance, drafting and negotiation of contracts, litigation, dispute resolution, enforcement defense, investigations, and audits. Phil’s clients span the spectrum of market participants, so he works closely with clients’ in-house counsel, business teams, and supply chain management colleagues to advise on the legal and regulatory impact of commercial, operational, and enterprise risks.
Phil has broad experience advising clients across all modes of transportation, but he regularly provides strategic legal, commercial, and operational guidance to clients who procure and provide services in the ocean transportation industry, including shippers, ocean transportation intermediaries, drayage carriers and inland service providers, and the steamship lines for the movement of cargoes in international trade as well as the domestic and noncontiguous trade of the United States. Phil has extensive experience counseling clients on maritime and admiralty law issues, ocean regulatory compliance, drafting and negotiating ocean transportation service agreements for all manner of cargoes, including containers, roll-on-roll-off, break bulk, specialty cargoes, and charters, managing and negotiation ocean bids, advising on processes and adjustments to general average and salvage claims, diversion claims, casualty matters, freight charge disputes, and cargo claims for loss, damage, or delay.
Representative Experience
- Represented a subsidiary of one of the largest energy companies in North America in a general average matter involving multiple shippers when the carrier’s vessel caught fire while in transit in the Pacific Ocean.
- Represented an American sporting goods retail chain and national apparel and accessory retailer in drafting and negotiating Ocean Transportation Service Agreements and managed its annual ocean bid.
- Developed an entire suite of template agreements for all modes of transportation for one of the world’s leading manufacturer of construction and mining equipment, off-highway diesel and natural gas engines, industrial gas turbines, and diesel-electric locomotives.
- Advised multiple enterprise shippers, intermediaries, and carriers to help navigate the practical impact the FMC’s Final Rule on Carrier Automated Tariffs under 46 C.F.R. Part 520 and Final Rule on Demurrage and Detention Billing Requirements under 46 C.F.R. Part 541 may have on the performance services, operations, and ongoing regulatory compliance.
- Represented a global luxury apparel and accessories company in drafting and negotiating Ocean Transportation Service Agreements and managed its annual ocean bid.
- Represented a leading domestic ocean shipping and integrated logistics company in an assortment of regulatory matters, including addressing FMC tariff and rate-related inquiries, matters concerning inland surface transportation movements as part of water carriage between noncontiguous domestic U.S. points of origin and destination, advising on legal, commercial, and operational risks, as well as operating authority issues.
- Represented a leading American big-box retail chain of home furnishing stores in drafting and negotiating Ocean Transportation Service Agreements.
- Developed parallel legal and commercial approaches for a global supplier of natural ingredients, including organic, non-GMO, and conventional product lines to manage a multi-million dollar dispute involving demurrage and detention charges against several ocean carriers.
- Developed the strategic path forward and agreements for one of the world’s leading vertically integrated producers, distributors, and marketers of fresh and fresh-cut fruits and vegetables achieve the sale of two foreign-flagged ocean vessels registered in the Cayman Islands.
- Reviewed, assessed, and drafted new house bills of lading for an NVOCC that operates as an American multinational shipping and receiving and supply chain management company.
