Smith Eilers is truly a full-service Shipping and Transportation Law Firm. We serve as general counsel to Truckload carriers, LTL carriers, drayage companies, final mile delivery services, household goods carriers, claims services providers, brokers, freight forwarders, air carriers, NVOCCs, TNCs and transportation providers of every kind. Our general counsel services include everything from startup and obtaining authority, bonds, licensing, and insurance to drafting and negotiating agreements with vendors, clients, and partners, to handling of employment and cargo claims issues.
In addition to general counsel services, our litigation department handles commercial litigation in a broad range of issues. We defend loss, damage, and delay claims against motor carriers and have truly superior expertise in the Carmack Amendment defenses. We defend brokers and freight forwarders on misplaced cargo loss and damage cases, negligent hire and selection, and even joint employment claims. Our firm also has considerable experience litigating Carriage of Goods by Sea Act claims and claims involving air carriage cargo loss under the Montreal Protocol and Warsaw Convention standards.
In addition to liability defense, we also provide collection services for our motor carrier and intermediary clients. In the modern economy getting the sale is only half of the battle and for transportation providers, if you do not collect, you’re not just missing out on revenue, but you’ve lost what you spent on wages, contractor/drivers, fuel, and related expenses. Simply stated, sure collection (and the contractual provisions we can later utilize to collect late payment penalties, costs, interest, and fees) is an absolute necessity in the transportation field. We provide superior service at a very reasonable cost utilizing our team of paralegal’s with a proven track record to handle pre-litigation collection efforts, and to handle as much of the process even during the litigation phase as possible to minimize your cost
Beyond general counsel and cargo related litigation, we also provide guidance, contract drafting and negotiation, and defense of employment law claims, particularly in regard to issues of Independent contractor misclassification. As everyone in this industry knows, use of the IC model is essential to the transportation industry in all phases. We will provide you with the greatest degree of protection possible by analyzing and opining on your company’s model, drafting comprehensive Independent contractor agreements that have been litigation tested, and defending claims in federal court, state court, and arbitration.
Finally, if you are in, or interested in becoming involved in the industry, our transactional department handles Mergers and Acquisitions, private equity capital raises, debt restructuring, private and public corporate restructuring, and even IPOs and uplistings.
If your company is in any way involved in the transportation sector, there is literally no other that can provide the same range and depth of expertise to guide your business from inception through your exit strategy, all of which we are more than happy to help you develop. We look forward to your call.
Our Capital Markets practice group focuses on assisting clients in financing transactions. From start-ups seeking seed or venture capital to larger private and public equity and debt financings, our experience and expertise helps clients close successful deals and grow their business. As veterans of capital markets, we also add value to our clients beyond legal services by providing strategic insight into choosing the right financial products and mechanisms and proactively linking them with our extensive financial sector contacts to facilitate capital formation.
We specialize in representing both private and public companies, underwriters, and placement agents in:
Our M&A experience encompasses public and private transactions of all sizes, cross-border and domestic, and in a broad range of industries. Our services include:
When it comes to acquiring, divesting, or restructuring, our aim is to provide you with trusted, experienced lawyers who are fluent in legal lexis and fully aware of the current private equity market trends. At Smith Eilers, we provide targeted, cutting-edge insights based on our deep understanding of the industry and the key drivers for your business.
Whether you are on the buy-side or sell-side, are a private equity firm, hedge fund, venture capital fund, financial institution, portfolio manager, entrepreneur, or if your business is in need of private equity investment, we can represent you. Generally, our expertise focuses on middle-market funds. We have a particular understanding of the distinctive interests, priorities, risks, and constraints facing such funds and have emerged as a leader operating in this space.
Our extensive comprehension of the private equity market allows us to provide real-time industry insights, along with a truly tailored level of partnership and service. Add in the integration we have with our tax, finance, regulatory and industry colleagues, and we deliver the innovative strategies your private equity needs require.
We deliver skilled support throughout the lifecycle of any private investment, including:
Our experience extends to all types of private equity transactions, including:
With clients ranging from private equity funds and portfolio companies to investors, entrepreneurs and executives, you can count on our private equity lawyers for the depth and sophistication you need. And, with practitioners across the country, we can represent you no matter how or where your business intersects with the private equity industry.
Startups need help navigating a wide variety of legal, regulatory and business hurdles as they grow and seek financial backing. And that is where Smith Eilers’ Emerging Companies & Venture Capital practice excels. We have helped founders, start-ups, and emerging companies form, finance, and grow their businesses, and have assisted countless angel investors and venture capital firms with their investment activities. We have decades of experience, and a high volume of formation, general corporate, and transactional work.
Our attorneys provide innovative, tailored advice to founders and their backers. Bringing varied backgrounds to the table, they connect tomorrow's business leaders with the firm’s expansive talent. They are ready to help with:
A key feature of any securities transaction is liquidity or an exit. At Smith Eilers we understand the complexities and nuances of private securities transactions. We are experts in Rule 144 and exemptions from registration. Whether clearing shares from a recent go public transaction or simply selling blocks of securities in private transactions, we understand how to structure the transaction and the exit in a way that is most advantageous to the securities holder while staying will within the rules on transfer of restricted securities.
Additionally, we are experts in creating and negotiating compensation structures for consultants, strategic partners, and key employees, including, but not limited to, vested earn outs, option plans, employee stock plan compliance, and warrants.
Smith Eilers’ Public Companies Practice is comprised of experienced, knowledgeable corporate and securities lawyers who provide advice and counsel on issues arising under federal and state securities laws.
We serve as trusted business advisers to both public and private companies on day-to-day, as well as non-routine securities issues. For public companies, we regularly counsel clients with respect to periodic reporting, registered and exempt securities offerings, mergers and acquisitions, tender and exchange offers and other financing transactions. We provide guidance to boards of directors, special committees and management as to corporate governance and reporting and compliance issues imposed by Sarbanes-Oxley, the SEC and securities exchanges. We often serve as outside general counsel to smaller public companies.
Our Business Law attorneys provide seasoned, practical legal advice and transactional representation to business enterprises of every description. Our clients include publicly traded corporations, family-owned businesses, private equity firms, multinational companies and single-location enterprises and entrepreneurial startups. As a result, the group's attorneys have a wealth of experience addressing the legal challenges facing companies in a variety of industries and at every stage of their development.
We serve as general outside counsel for many of our clients, often working with Smith Eilers attorneys from other practice areas to provide legal assistance on matters ranging from complex business transactions and contracts to litigation, employment counseling, and intellectual property compliance. This coordinated offering of integrated legal services has proven to be particularly useful for clients with limited or no internal legal resources.
In order to serve our clients effectively, we strive to develop a thorough understanding of each client's business – and the challenges and opportunities it faces. Through long-standing client relationships our attorneys have developed particular experience in a diverse group of industries, including health care products and services, utilities, life sciences and biotechnology, CBD, cannabis, niche manufacturing and specialty industrials, energy, and food and beverage.