Transportation
 

Transportation

Related Practices


We handle in a fully integrated manner a broad range of regulatory, antitrust, litigation, transactional, technology, and governmental affairs matters cutting across all modes of transportation, including rail, trucking, maritime, and aviation.  Our transportation practice serves clients in the United States, Europe, Middle East and Asia.

Regulatory 
Our lawyers have deep knowledge of the regulation of transportation and have represented clients in a wide range of regulatory matters, including:
  • Representing railroad, maritime and airline interests before the Surface Transportation Board, the Federal Maritime Commission, and the Department of Transportation in the United States;
  • Representing airline interests before the Office of Fair Trading and the Competition Appeals Tribunal in the United Kingdom and the EU Court of Justice;
  • Advising on agreements implementing IATA’s “e-Way Bill” initiative for cargo; and
  • Advising on global data protection and privacy law compliance by airlines and an airline alliance, including designing a compliance approach for exchange of frequent flier data between alliance members.

Antitrust/Competition Law 
The firm represents transportation clients in a wide range of antitrust and competition law matters, including:
  • Carrier pricing and marketing practices, inter-carrier agreements, and joint ventures between carriers and suppliers or customers;
  • Mergers, acquisitions, and pooling agreements;
  • Distribution arrangements, including advice regarding agreements with airline Global Distribution Systems (GDSs); and
  • Investigations by the Department of Justice and the EU Commission.

Litigation 
Our lawyers have substantial experience with transportation-related litigation and arbitration matters, including:
  • Litigating antitrust cases, breach of contract cases, customs cases, land use cases, merger-related securities cases, and arbitrations involving joint facility agreements for clients in the rail, airline, and freight forwarding industries in the United States; and
  • Handling transportation-related litigation before the European Court of Justice and other European courts.

Transactions/Technology 
Our firm has unique knowledge and experience in representing transportation clients in connection with their technology and distribution transactions, including:
  • Contracts for large, mission critical IT systems for airlines, including successfully completing negotiations with Amadeus, HP, ITA Software, Google, Lufthansa Systems, and Sabre for reservations, inventory, availability, pricing, and merchandising systems;
  • Sales and distribution agreements, such as negotiations with GDSs (Sabre, Amadeus, and Travelport), online travel agencies, metasearch engines, and other intermediaries, and dealing with issues associated with ownership and control of airline data;
  • Rewards programs, including participation agreements and points exchange agreements;
  • Online advertising agreements, including agreements for search campaigns and affiliate programs; and
  • Cloud computing service agreements.

Government Affairs 
The firm has provided a broad range of governmental affairs counsel to transportation clients on a variety of significant issues, including:
  • Advising railroads on regulatory policy and legislation;
  • Providing ongoing legislative counsel to a major airline; and
  • Advising clients on highway policy and funding issues.

Representative Matters

  • We represent Union Pacific Railroad Company in a broad range of regulatory and antitrust matters.
  • We 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 Ryanair on various aspects of several investigations by the EU Commission into alleged state aid concerning regional airports in the EU.
  • 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 represent a major international airline in a putative class action alleging a price-fixing conspiracy involving passenger rates and surcharges among transpacific air carriers.

Accolades

  • Ranked by Chambers USA as a leading Transportation practice in the Rail sector (2012).
  • Ranked by U.S. News and Best Lawyers as a first-tier Transportation practice (2013).
  • 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 has served as Vice-Chair of the National Surface Transportation Policy and Revenue Study Commission to review and make recommendations concerning alternative ways to finance the nation’s infrastructure, has been recognized as one of the leading transportation lawyers and government relations lawyers by Best Lawyers in America, and has been named “2013 Transportation Lawyer of the Year” by Best Lawyers in America.
  • 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.
  • Nigel Howard is ranked as a leading lawyer in International Who’s Who of Aviation Lawyers, Best Lawyers in America, and Chambers USA.

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mrosenthal@cov.com
202.662.5448

jschenendorf@cov.com
202.662.5321

gberrisch@cov.com
32.2.549.5230

nhoward@cov.com
212.841.1020

awiseman@cov.com
202.662.5069