The firm’s transportation practice reflects an impressive breadth and depth of expertise and experience. We handle in a fully integrated manner a broad range of regulatory, antitrust, litigation, and governmental affairs matters cutting across all modes of transportation.
Our lawyers regularly represent transportation clients in an array of regulatory matters. In the United States, we have represented railroad, maritime, and airline interests before the Surface Transportation Board, the Federal Maritime Commission, and the Department of Transportation. And we have assisted railroads with corporate transactions that involve securing the necessary private financing and regulatory approval. We have also represented airline interests before the Office of Fair Trading and the Competition Appeals Tribunal in the United Kingdom and liner shipping interests in their regulatory dealings with the European Commission.
The firm also regularly represents transportation clients in a wide range of antitrust matters. We have advised on the antitrust dimensions of carrier pricing and marketing practices, inter-carrier agreements, joint ventures between carriers and suppliers or customers, and acquisitions subject to the Hart-Scott-Rodino Act. Our lawyers have handled competition issues in connection with our representation of clients in the rail, airline, trucking, and maritime industries before the Surface Transportation Board, the Department of Justice, the Department of Transportation, and in European Union matters.
Our lawyers also have substantial experience with transportation-related litigation and arbitration matters, including jury trials and appeals. In the United States, we have litigated antitrust cases, breach of contract cases, customs cases, land use cases, merger-related securities cases, a merger-related ERISA case, and arbitrations involving joint facility agreements for clients in the rail, trucking, airline, and freight forwarding industries. We have also handled transportation-related litigation before the European Court of Justice and other European courts.
The firm has provided a broad range of governmental affairs counsel to transportation clients on a variety of significant issues as well. It has advised railroads on regulatory policy and legislation. It also provides ongoing legislative counsel to a major airline and has advised several clients on highway funding issues.
Michael Rosenthal, the head of the firm’s Transportation Practice Group, has more than 15 years of experience advising transportation clients on a wide variety of issues and representing them in regulatory proceedings, litigation, and arbitrations. Jack Schenendorf, formerly Chief Counsel for the House Committee on Transportation and Infrastructure, brings important experience to the practice, particularly in the governmental affairs area. Georg Berrisch represents clients before the EU Courts and before the European Commission and national authorities.
Representative Matters
- We represent Union Pacific Railroad Company in a broad range of regulatory and antitrust matters.
- We frequently counsel the Association of American Railroads on a variety of matters and represent the Association in an industry-wide dispute with private tank car owners.
- We regularly advise TTX Company on a variety of regulatory and antitrust issues.
- We represent a major international airline in a putative class action alleging a price-fixing conspiracy involving passenger rates and surcharges among transpacific air carriers.
- We represent Expeditors International in a class action alleging a price-fixing conspiracy by freight forwarders and in investigations in the United States and Europe.
- We are counsel to Ryanair in ongoing proceedings before the Office of Fair Trading and the Competition Appeals Tribunal in the UK regarding Ryanair’s minority stake in Aer Lingus.
Accolades
- Ranked by Chambers USA as a leading Transportation practice that emphasizes a Multi-modal approach to the transportation sector (2011).
- Ranked by Chambers USA as a leading Transportation practice in the Rail sector and recommended for client service (2011).
- Ranked by U.S. Media Group and Best Lawyers as a first-tier Transportation practice (2010).
- Michael Rosenthal, the chair of the Transportation Practice Group, has been recognized as one of the leading transportation lawyers in the country by Chambers USA and Best Lawyers in America.
- Jack Schenendorf was chosen to serve on the National Surface Transportation Policy and Revenue Study Commission to review and make recommendations concerning alternative ways to finance the nation’s infrastructure.
- Georg Berrisch has been recognized by PLC as a leading practitioner in the field of EU Competition, by Legal 500 EMEA as a leading practitioner in the fields of Competition and Customs, Trade, WTO, and Anti-dumping - Belgium, and by Chambers Europe and Chambers Global as a leading practitioner in the field of WTO/International Trade and Competition/European Law.
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