Negotiating Third-Party Logistics Provider Agreements: Approaches to Supply Chain Management
Structuring Terms and Conditions; Mitigating Risks; Navigating State, Federal, and International Laws and Treaties

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Thursday, October 29, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide business counsel with tips and strategies to negotiate and draft third-party logistics (3PL) agreements on behalf of all stakeholders in the supply chain from manufacturers to 3PL providers. The panel will address which terms and conditions should be specifically addressed in these contracts, including scope of services, performance measurement, rate structure, liability and indemnity, damages, and termination.
Faculty

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.

Ms. Booth’s practice includes a full range of services with a focus on regulatory compliance and counseling; proceedings before regulatory agencies; transportation contracting; transportation security; legislation; and litigation/arbitration of transportation-related disputes. She represents multinational corporations, trade associations, and transportation intermediaries in domestic and international matters involving multimodal transportation and logistics services. Her practice covers the carriage of goods by rail, motor, vessel and air carriers. Chambers USA has recognized he as one of the leading lawyers nationwide who represent shippers in rail transportation matters, and she was also identified for her work in road transportation matters.

Mr. Connor focuses his practice on international trade, export controls and economic sanctions before the Department of State, Department of Commerce and the Office of Foreign Assets Control. His extensive experience in the area of international trade includes advising U.S. and non-U.S. manufacturers, producers, government contractors, retailers, maritime companies and airlines on matters involving customs, export control, economic sanctions regulations, FCPA and anti-boycott issues. Mr. Connor regularly assists clients with developing export control compliance programs, auditing and improving existing programs, voluntary disclosures and classifying items. He also advises clients from various industries on CFIUS issues, including when the CFIUS regulations apply to a merger or acquisition, when a CFIUS filing is mandatory and the risks associated with failing to file a declaration or notice. Mr. Connor also assists clients with negotiating mitigation agreements with CFIUS and compliance issues related to the mitigation agreement. He also represents major U.S. and non-U.S. airlines, including all-cargo airlines, before the U.S. Department of Transportation (DOT), Transportation Security Administration (TSA) and Federal Aviation Administration (FAA) in connection with compliance matters; PFC and airport-related matters, defending hazardous materials enforcement actions; requests for approvals, licenses and certificates; route proceedings; codeshare issues; and other regulatory and administrative matters. He also provides counsel on FAA legislative and environmental issues. Mr. Connor represents clients from various industries on issues pertaining to unmanned aircraft systems (UAS), including how to obtain authorization for UAS operations and on-going developments in the law on UAS issues.
Description
In the wake of the COVID-19 outbreak, the supply chain and its requisite performance pieces have come to the forefront. This has resulted in increased focus on the role of third-party logistics (3PL) providers in the supply chain. These providers perform critical supply-chain management functions, including transportation and warehousing solutions and addressing state, federal, and international laws and treaties. Through 3PL agreements, a company and 3PL providers can structure customized logistics solutions to meet the company's specific needs.
3PL agreements are often very complex, which highlights the need for a sophisticated drafter that can customize the agreement while tackling the cross-disciplinary nature of the various stages of the supply chain. Counsel representing buyers of 3PL services and providers must have a thorough knowledge of the risks and liabilities involved to negotiate the most favorable terms for the client while avoiding pitfalls such as double payment for services. Counsel also must account for risks and supply-chain stress related to COVID-19 and restrictions in certain countries on imports.
Listen as our authoritative panel of attorneys discusses best practices for negotiating and drafting 3PL provider contracts. The panel will explain how to avoid common contracting pitfalls when negotiating agreements and address critical provisions in 3PL contracts, including the scope of services, performance measurement, rate structure, liability and indemnity, damages, termination, and more.
Outline
- Selecting 3PL providers
- Negotiating contracts with 3PL providers
- Measuring performance
- Terminating 3PL provider relationships
- Common 3PL contract pitfalls
- Issues created by COVID-19 on 3PL contracts
Benefits
The panel will review these and other crucial issues:
- What key terms should be included in 3PL agreements?
- What factors should counsel take into account when selecting and negotiating contracts with 3PL providers?
- What are the key contract negotiating tips for 3PL providers? For manufacturers?
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