Transportation and International Commerce

Our Transportation practice area is prominent in the nation. Structured as a full service law practice serving the transportation sector, it brings together the expertise and experience of attorneys from many disciplines in the transportation field. As such, the members bring depth and breadth of knowledge of legal, regulatory, economic, and political issues that affect clients in the transportation industry. Among these attorneys are nationally recognized experts, commentators, and law professors in the fields of concern to the various segments of the transportation industry.

Many rules governing transportation companies are unique to that industry, specifically in the areas of antitrust, environmental regulation, tax, commercial finance and labor law. In other areas such as corporate (including acquisitions and financing), securities, and bankruptcy where generally applicable laws and regulations apply, a thorough understanding of the business of transportation, including its specialized legal regimes, is critical to providing the most effective advice and representation. Since the same precepts hold true in the courtroom, litigation members are familiar with the nuances of the transportation industry and the business of transportation.

The Transportation group attorneys work in teams to bring focused expertise to complex issues and to facilitate creative solutions. The group's interdisciplinary approach to solving legal problems and communication among the various practice areas ensures a constant exchange of useful information that benefits all our transportation clients.

Because of the range and scope of the attorneys in the practice, specific issues involving nearly any area of the transportation industry can be addressed "in-house."

Industry Segments Served

• Commercial And General Aviation
• Marine (Ocean, Container, Petroleum, Inland Waterway, Cruise)
• Motor Vehicle
• Pipeline
• Public Transit
• Rail
• Truck

Practice Areas

International Commerce Practice
For many companies, trade issues are a "once-in-a-lifetime" event. For others, trade issues are a constant. Whatever your needs, you want attorneys who are experienced in international trade, like those in our International Commerce practice.

International Trade
International trade covers a variety of legal issues. Petitions for import relief are among the most well known. Companies in the United States ask the federal government for relief against unfair pricing ("dumping" and "countervailing duty" cases), increases in import volume (Section 201 cases) and infringement of U.S. intellectual property rights by imports (Section 337 cases).

Market access issues are also part of international trade. We can help arrange access to foreign markets through Section 301 proceedings, recommending appropriate use of U.S. government assistance programs, helping to develop strategies to deal with political and economic risks, and formulating defenses against adverse actions by foreign governments.

Companies that offer international services, rather than products, will also benefit from working with us. We can help you identify new market opportunities in countries that may have a need for insurance, banking, brokerage, legal, accounting, engineering and consulting services.

Understanding export controls and U.S. economic sanctions are essential to successful importing and exporting. The federal government prohibits business transactions with a number of countries. With other countries, there may be limits on the type of transactions that can occur; common exceptions to these prohibitions include the trading of agricultural and humanitarian assistance products that may be exported even to countries under economic sanctions.

If you are an importer, understanding how foreign manufacturers and/or distributors attempt to engage in the circumvention of U.S. federal laws and regulations may protect you from criminal charges. As an importer, you may be liable if it is discovered that some component of your product came from a sanctioned country, was labeled with the incorrect "country of origin" or where the goods have passed through intermediate countries in an attempt to avoid payment of duties.

Protecting your U.S. intellectual property rights outside the United States against misuse or infringement is a matter that frequently arises. Other countries have different regulations regarding the use of patented materials, and some may require that items be the subject of patent licenses, or be available for general use if they benefit the public. While you may not choose to actively protect yourself against patent infringement in a smaller, non-competing country, you want to ensure that your patent is not being used without authorization in any component or product being imported into other countries. This protection often needs the intervention of the World Trade Organization and the support of the U.S. government. We are experienced in assisting you in such complicated situations.

International Transactions
Companies also require assistance in structuring their foreign business activities (start-ups, acquisitions, joint ventures, distributorships and sales agencies) and addressing tax concerns. We can help you with all transactional and tax issues arising out of your international operations.

International Finance
We work with clients to arrange financing using the U.S. Export-Import Bank ("Eximbank"), the Overseas Private Investment Corporation ("OPIC"), the International Finance Corporation ("IFC"), the Multilateral Investment Guarantee Agency ("MIGA"), and the regional development banks like the Inter-American Development Bank ("IDB") and the African Development Bank ("ADB"). The U.S. government also provides loan guarantees for small businesses who wish to export goods or acquire equity participation in foreign projects.

Political and Legislative
Jane Sutter Starke, Kent Woodman, Anthony Anderson, and other partners in the Washington, D.C. office, represent clients on legislative matters at the Federal, state, and local levels, as well as before international bodies involved in trade and transportation issues. They are experienced in developing legislative strategies, analyzing legislative and regulatory initiatives, drafting statutory and congressional report language, and crafting industry position papers on complex legal and public policy matters. We have extensive experience preparing testimony for witnesses who appear before Congress and the Executive Branch. In order to achieve our clients' legislative objectives, we work closely with members of Congress, their personal and committee staffs, Executive Branch appointees, and independent agency officials.

Customs
Two common issues for companies involved in importing to the United States are the correct classification of goods and their appropriate valuation. There may be alternatives to classifying the same goods; choosing the optimal classification category may have a significant impact on duties. Some classifications may allow you to bring goods into the country duty-free. The value placed on goods is directly related to their classification. Depending on a good's classification, its valuation may be different, leading to reductions or increases in duties. Ensuring that goods have the appropriate country-of-origin markings will also affect the amount of duties to be paid. Like classification, there may be several country-of-origin choices that can be exploited to your advantage. All existing duty-free arrangements are identified and applied to eliminate or reduce duties for your company. Where advisable, we conduct full customs audits for our clients.

Representative Clients