BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Wednesday, February 15, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide business counsel in drafting warehousing agreements for the storage of commercial goods on behalf of warehousers and customers. The panel will discuss best practices for negotiating key terms in warehouse agreements and receipts to minimize risks and liability exposure in the event of nonreceipt or misdescription of goods, delivery of goods to the wrong party, or failure to keep goods separate. The panel will also address how to deal with lien issues that commonly arise with stored goods.

Faculty

Jason D. Tutrone
Partner
Thompson Hine

Mr. Tutrone advises multinational corporations, trade associations, and transportation intermediaries on domestic and international matters involving logistics services and transportation. These matters include: regulatory compliance; regulatory enforcement; agency rulemaking; legislative concerns; service issues; loss and damage claims; transportation security; contract drafting and negotiation; and rate disputes before the Surface Transportation Board (STB). His practice is multimodal, involving air, motor, ocean and rail transportation, and encompasses a wide variety of logistics services, such as warehousing and terminal services.

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John F. Horvath
Principal
Horvath & Weaver, PC

Mr. Horvath represents public warehouse operators, motor truck carriers, motor brokers, freight forwarders and their insurers on warehouse and transportation claims and lawsuits involving a multitude of issues including inventory shortages and multimillion dollar fire and theft losses. He prepares and negotiates storage agreements and transportation agreements and authored the standard terms and conditions which are currently approved by the International Association of Refrigerated Warehouses. He is a frequent lecturer on warehouse legal liability and cargo legal liability risks and insurance coverage.

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Description

Warehousing is a multibillion dollar industry. Businesses involved in storing commercial goods face a number of legal risks and potential liability in the event of nonreceipt or misdescription of goods, delivery of goods to the wrong party, or failure to keep goods separate. Counsel advising warehousers and customers must understand how to negotiate warehousing agreements in accordance with Article 7 of the UCC and other applicable federal and state laws and how to draft provisions that effectively allocate risk and reduce liability exposure.

Indemnity and limitation of liability provisions are key risk mitigation provisions in warehousing agreements. In addition, warehousing contracts generally include minimum insurance requirement provisions to cover the risk of any reasonably foreseeable losses. Some agreements further require each party to the contract to add the other as an additional insured under their own insurance policy to maximize insurance coverage in the event of a loss. Other key provisions include scope of services, force majeure, confidentiality, termination, and more.

Listen as our authoritative panel of business attorneys explains best practices for drafting and negotiating warehousing agreements and warehouse receipts. The panel will discuss considerations for counsel to warehousers and customers to minimize the risks and liability exposure inherent in storing commercial goods.

Outline

  1. Key provisions in warehousing agreements
    1. Indemnity
    2. Insurance
    3. Limitation of liability
    4. Force majeure
    5. Termination
    6. Other key provisions
  2. Contract negotiation considerations and best practices
    1. For warehousers
    2. For customers
  3. Dealing with lien issues
  4. Demurrage considerations

Benefits

The panel will review these and other key issues:

  • What are the key provisions that counsel should carefully negotiate when drafting warehousing agreements and receipts?
  • What are some common contracting pitfalls with warehousing contracts and how can they be avoided or overcome?
  • What are some best practices for addressing liens and other issues that often arise with stored goods?
  • Under what circumstances might a warehouser also be classified as a shipper and what are the attendant risks of this classification?