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Operating In: Albuquerque · Bakersfield · Charleston · Dallas · Denver · Las Vegas · Miami · Orange County · Orlando · Phoenix · Riverside · Sacramento · Salt Lake City · Tampa · London We would be happy to present on: Seminars, webinars, quick response teams, cargo, COGSA, and caremack. Transportation Contact: Jim Mahoney M:602.363.0864 | O: 602.900.1800 | [email protected] FMCSA Regulations • Broker and Motor Carrier Operations and contracts • Carmack Amendment • COGSA • Independent Contractor Issues • Transactions • Injury Property Loss and Death Litigation

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Page 1: Transportation Contact - Attorneysrlattorneys.com/wp-content/uploads/2016/07/Resnick_Transportation... · Transportation regulations, ... (Bills of landing, rate & load confirmations,

Operating In: Albuquerque · Bakersfield · Charleston · Dallas · Denver · Las Vegas · Miami · Orange County · Orlando · Phoenix · Riverside · Sacramento · Salt Lake City · Tampa · London

We would be happy to present on: Seminars, webinars, quick response teams, cargo, COGSA, and caremack.

Transportation Contact:Jim Mahoney

M:602.363.0864 | O: 602.900.1800 | [email protected]

FMCSA Regulations • Broker and Motor Carrier Operations and contracts • Carmack Amendment • COGSA • Independent Contractor Issues • Transactions • Injury Property Loss and Death Litigation

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TransporTaTion UnderwriTing serviCeS

ReCenT HeADLineSHours of service violations and improper logs were the main violations for truckers during Roadcheck 2016, with truck and trailer brakes topping the list of equipment violations according to data released by the CVSA October 20th 2016.

These violations have already been introduced to the motor carrier’s CSA scores. That said…

Many insurance underwriters, pleased to have a new tool to give them data on potential target clients, are putting too much emphasis on blanket approaches to CSA scores.

This can mean missed underwriting opportunities or accepting poor underwriting ratios, and yearly turnover.

Too often if a motor carrier has even one CSA alert, even with an other wise profoundly good – yet unbeknownst to underwriters - Safety Management System, underwriters may miss a profit opportunity.

Carriers with two or more alerts or other marginal ratings are most often considered ineligible risks for many underwriters, regardless of loss ratios.

CSA data is receiving intense scrutiny by underwriters and now plays a disproportionately large role in the consideration and pricing of risk.

There are several ways CSA information can be misinterpreted by insurance writers.

That’s why we feel it’s important to work with our proprietary system: DOT Underwriting Remote Audit Services, which enables underwriters to make sure

they’re using data correctly.

Our DOT Underwriting Remote Audit Services is a proprietary model developed with decades of motor carrier experience internal, practical risk management experience that systematically assesses the target’s safety management practices, offers quick turnaround consultative underwriter service, and can make improvements where deemed appropriate and necessary.

According to the FMCSA, safety can be achieved by all motor carriers by putting a valid, practical compliance model system in place – and monitored.

Our DOT Underwriting Remote Audit Services moves well beyond merely stating what a known safety violation is, to stating why it is or isn’t relevant to crashes or losses.

We also offer targeted refreshment of safety practices, company operations and driver policies.

Under our DOT Underwriting Remote Audit Services you will: (1) know a good risk from a poor risk; and, if requested (2) we can incorporate true safety measures into every aspect of your client’s business, regardless of type of cargo, length of haul, routing, age of fleet, experience of drivers or of management.

DOT UnDeRWRiTinG ReMOTe AUDiT SeRViCeS:Correctly analyze the target for risks – done remotely. Assess and understand that risk in relation to perceived/ acceptable loss potential. If risk is acceptable, also available are sequential measurement and monitor services. If risk is potentially profitable over policy years and monitoring is indicated, we can also remotely implement solutions with prioritization of actions including general DOT safety compliance; hours of service remedial training; alcohol and drug compliance and control service; cargo securement; and more common recently, entry level driver training.

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We’d very much like to explore partnerships with your underwriters.Compliance Audit • Vehicle Maintenance • Accident Management • Driver Logging • Hazmat Handling • Drug & Alcohol Program Management • Driver Qualification File Management • Policies & Procedures • Roles & Responsibilities • Qualification & Hiring • Training & Communication • Monitoring & Tracking • Meaningful Action CSA Performance Review • Crash Indicator • Driver Fitness • Hazardous Materials Compliance • Hours of Service Compliance • Unsafe Driving • Best Practice Evaluation • Current Best Practice Review • Recommended Implementations of Industry-Wide Best Practices

TransporTaTion LiTigaTion MiTigaTion and defense The trucking and transportation team at Resnick & Louis offers aggressive and experienced representation for a wide variety of matters concerning trucking companies, car rental companies, railroads, commercial lines, livery services, and other transportation organizations. Our attorneys represent commercial trucking companies and insurance carriers throughout the Southwest as well as Florida and South Carolina and possess an in-depth understanding of the transportation industry. They use this knowledge to provide clients with a comprehensive defense to reduce or eliminate liability on their behalf, including elements such as safety measures,training programs, vehicle inspections, and government compliance protocols.

We appreciate the effect claims, accidents, and litigation may have on our client’s businesses. Our attorneys have years of experience investigating and evaluating trucking litigation cases, from traffic violations to claims of personal injury. We understand the importance of performing a thorough investigation and providing our clients with a strategy for representation as quickly as possible while keeping them informed throughout each stage of their defense. Our attorneys have collectively tried and arbitrated hundreds of claims arising from personal and commercial auto accidents.

At Resnick & Louis, we stay up-to-date regarding the latest litigation and industry trends. Our attorneys understand the intricacies of the Federal Motor Carrier Safety Administration and U.S. Department of Transportation regulations, as well as the state laws and regulations faced by trucking and transportation companies and insurers.

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• Business structuring and organization

• Cargo and freight claims

• Commercial disputes

• Commercial transportation insurance/ insurance coverage matters

• Contract preparation, review and negotiation

• Document prparation(Bills of landing, rate & load confirmations, tariffs, warehouse receipts)

• environmental sustainability regulations

• Transportation brokers

• equipment leases and acquisitions

• Federal Motor Carrier Safety Administration notices of Claims

• Federal and state regulatory compliance

For information contact our Transportation and Trucking Chair Jim Mahoney at Direct Phone & Fax: 602-456-7563 or

by email: [email protected]

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TransporTaTion & TrUcking aTTorneys Resnick and Louis represents clients on a national, regional and local level in the transportation, trucking, shipping, cargo, property broker, freight forwarder, third-party logistics (3PL), inter modal, bus, taxi, private fleet, commuter railroad, aviation and airport businesses, including insurers of transportation companies. Our transportation practice lawyers support key organizations such as the Trucking Industry Defense Association, American Trucking Association, Arizona Trucking Association, American Bar Association and Transportation Lawyers Association.

Our team consistently tries cases to verdict and achieves favorable and quantifiable results for our clients, even when confronted with the most difficult circumstances and severe time constraints. We also appreciate the vastly different circumstances from human error to product inadequacy that transportation matters typically involve.

Our clients include; Swift Transportation, Knight Transportation, USXpress, Schilli Transportation, Central Freight Lines, Certified Stewart Transportation, Global Tranz, AON Insurance Brokers, Rhodes Transportation, YRC Worldwide, Stage Call Transportation, Moving Performance, Gallagher Bassett, Select 1 Transportation, B.J. Cecil, Werner Enterprises, JTL Transport, Macy’s; JC Penny; Uber; UPS; Total Transport / Discount Cab; Caesars Entertainment; Cosmopolitan Hotel; M Resort; Diamond Resorts; Tropicana; Lloyds of London Syndicates; State Farm; Liberty Mutual; Allstate; Starr; North American Specialty; First Specialty; Ironshore; United Specialty; James River; Kinsale; Attain; Ameriprise; MASCO; Acuity; Secura; Hallmark; Nevada Direct Insurance Company; Pure Insurance; Starr Companies; Fairmont Specialty; Republic Group; Zurich; National General Insurance Company; Arch; Century Surety; Aspen; RSUI; Indiana and Pennsylvania Lumberman’s Mutual Insurance Company; Houston Casualty; Great American; USAA; Chubb; The Hartford; Inter Hannover; CFC Underwriting; Hiscox; Golden Bear Insurance; Hallmark Financial Services; Main Street Group; Brit Insurance; HDI Global; Benchmark/Westcap Insurance; Philadelphia Insurance Company; United Fire/ Financial Pacific; Union Standard; United Automobile Insurance Company; Weather Shield; Nevada General Insurance Company; Cincinnati Insurance; National Lloyds; Amica; Houston Specialty; Global-Indemnity; Allied World; Hertz; Enterprise Rental Car; Federated Insurance Company; Valley Crest; Builders Insurance; Craft Brewery; Top Build; AIG; Michaels; Amerindrisk; Crescent Hotels;; Restaurant Depot; Dave & Busters; WE O’Neil Construction.

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Transportation/Trucking LeadMahoney, James F.Licensed AZ, NJ, NY

Jim Mahoney concentrates his law practice in the Trucking and Transportation Industry. Jim offers expertise in: litigation, FMCSA regulatory compliance, and consults in broker and motor carrier operations. He has a strong history of expertise in explaining the operations in the transport industry to taxing authorities and insurance underwriters. Jim consults in curing CSA score issues and DOT violations / criminal or traffic citations defense.

Recommendations can be had by contacting Jerry Moyes, CEO of Swift Transportation; Don Orr, CEO of Central Freight Lines; and Tom Witt, Capital Resource Partner of Truckload Carriers Association and President of Roehl Transport among many others. Jim has significant injury and death jury trial experience with over 50 jury verdicts across 30 years’ experience in Arizona, New York, New Jersey and many states in between and California. He counsels and defends insurers on policy issues such as MCS-90 coverages and provides case management skills as lead attorney in injury and death claims with particular focus on proper resolutions and economy of costs. Jim also litigates international and domestic cargo claims. He is well-known among large and small transportation businesses and law-firms as a resource and expert witness and consultant.

Work experience:

James F Mahoney PLC Legal Counsel;Regulatory, Risk, Litigation and ClaimsAcross a broad range of transportation clients, offer creative and practical solutions to limit risk through transactional/contractual work, litigation control, alternative insurance products, insurance collateral efficiencies; IRS, DOT, FMCSA and EPA regulatory compliance and dispute resolution.

Swift Transportation Phoenix, AZVice President, CounselCreated and executed a multi-year business plan to restore integrity and limit the growth of risk expense through a nationwide roll-out of superior litigation control, BOL, tariff, contract draft and negotiation; claim management, reserve forecasting, alternative insurance products, collateral efficiencies and regulatory compliance, as follows:

Risk and insurance: Identify and assess significant risks and exposures across North America with annual loss exposures of 300M. Review and adjust insurance programs, including: coverage, limits, retentions and deductibles, competitive cost; foreign cover; exit insolvent insurers; evaluate outside services of brokers, insurers, claims TPA, counsel; assign and manage outside counsel in litigated matters including setting and negotiating fees and special fee arrangements; address internal administration and risk management functions of 90 person staff; write and litigate transportation contracts, specifically indemnity agreements among shippers, motor carriers, freight logistics providers and consignees.

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enterprise Risk Management: Produced surveys and in-depth analyses of variety of risks of 3.2B international organization, including operations, locations, and personnel; measuring direct and indirect loss impact under different scenarios; addressed merger and acquisition specific needs and long term risks. Created and managed two profitable captive insurers; engaged in reinsurance risk pooling; established qualified self-insurance status with state and federal agencies; reduced litigated matters by 40% over three years; reduced Workers’ Comp exposures by 25%. Significantly reduced capital outlay for all exposures.

Financial Analysis: Conduct studies on self-insurance and high-deductible feasibility; facilitate and analyze actuarial loss projections; reporting direct line to CEO and BOD on growth opportunities and risk matters.

Other Services: Evaluated and oversaw implementation of new IT claims management information system; direct and control large risk department; litigation management and diversion of pending lawsuits. Contract writing and negotiation with emphasis on protecting Company through thoughtful, strong alliance with marketing/sales; help prospect for new business; emphasis on customer service; helped set up and advise domestic and Mexican subsidiaries; consult on issues of safety, federal and state regulatory and insurance compliance.

Brigg, SharonLicensed AZ

Sharon handles most aspects of law related to transportation and trucking, including representing companies in personal injury and wrongful death cases, Sharon was a licensed nurse and understands the critical nature of trucking accidents. Sharon is licensed in AZ.

Sharon focuses her practice on representing clients in Arizona in claims involving insurance defense, construction defect, professional liability, bodily injury involving automobiles/transportation and general civil litigation. Prior to joining Resnick & Louis, Sharon worked as a civil litigation associate at a national, full-service law firm as well as at a boutique firm specializing in medical malpractice defense. She began her legal career as a criminal prosecutor.

Sharon has secured the dismissal of many cases on pre-trial motions in both state and federal courts and also obtained excellent results for clients at arbitrations and mediations. She has also tried nearly 100 bench trials and 29 jury trials to verdict with a high rate of success.

education

• J.D., University of Arizona James E. Rogers College of Law, 2004

• B.A., New Mexico State University, 1994

• A.D. in Nursing, New Mexico State University, 1994n.

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Areas Of Practice

• Insurance Defense Litigation

• Construction Defect

• Professional Liability

• Trucking and Transportation Litigation

• Medical Malpractice Defense

Professional Affiliations

• State Bar of Arizona

• Arizona Women’s Lawyers Association; Member

• Arizona Association of Defense Counsel

Community involvment

• Volunteer with Rescue a Golden of Arizon

Bar Admission

• Arizona, 2012

• District of Arizona, 2012

• New Mexico, 2013

• Florida, 2013

Speaking engagements

• Property & Liability Resource Bureau, Speaker, Various Insurance Topics 2016 & 2017

Dotson, EmilyLicensed AZ, FL, NM

Sharon handles most aspects of law related to transportation and trucking, including representing companies in personal injury and wrongful death cases, Sharon was a licensed nurse and understands the critical nature of trucking accidents. Sharon is licensed in AZ.

Sharon focuses her practice on representing clients in Arizona in claims involving insurance defense, construction defect, professional liability, bodily injury involving automobiles/transportation and general civil litigation. Prior to joining Resnick & Louis, Sharon worked as a civil litigation associate at a national, full-service law firm as well as at a boutique firm specializing in medical malpractice defense. She began her legal career as a criminal prosecutor.

Sharon has secured the dismissal of many cases on pre-trial motions in both state and federal courts and also obtained excellent results for clients at arbitrations and mediations. She has also tried nearly 100 bench trials and 29 jury trials to verdict with a high rate of success.

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Work experience:

Resnick & Louis P.C., Scottsdale, ArizonaAttorney – Licensed in Arizona, Florida, & new Mexic• Defended the interests of trucking and transportation companies in issues related to insurance coverage,

catastrophic personal injury, products liability, negligence, property damage, and breach of contract

• Advised trucking and transportation companies on a variety of business and insurance issues at a national and international level

• Develop and implemented strategy for prosecuting, defending, and settling a wide range of litigation matters involving a variety of legal issues, focusing on insurance, transportation, construction and employment.

• Solely responsible for handling appeal of multi-million-dollar case following victory on Motion to Dismiss for Failure to Prosecute

• Routinely analyzes, researches, and drafts complex insurance coverage opinions, including related to commercial auto and cargo policies, across multiple jurisdictions as well as handles declaratory and contribution actions between insurers and insureds.

• Arbitrated a complex construction delay/loss of efficiency case, valued at approximately $500,000, on behalf of general contractor client as lead arbitration counsel

• Focuses practice on risk management and exposure mitigation for corporate and insurance clients

education

• Phoenix School of Law - Phoenix, AZ

• Juris Doctorate, January 2012

• University of Central Florida, Orlando, Florida

• Bachelor of Arts in Political Science, Minor in Business Administration, August 20th

Bar Admission

• Arizona, 2012

• District of Arizona, 2012

• New Mexico, 2013

• Florida, 2013

Speaking engagements

• Property & Liability Resource Bureau, Speaker, Various Insurance Topics 2016 & 2017

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Guelker, GaryLicensed NV, UT

Accomplished attorney with sixteen years of civil litigation experience, including discovery, motion practice, mediation, trials and appeals.Practice has focused mainly on representing defendants. Proven ability to independently handle large caseloads in an effective and efficient manner. Licensed to practice in Utah and Nevada.

Gary draws his collective familiarity with the key experts in accident investigation and reconstruction, transportation regulation, biomechanics, human factors, and other areas of expertise. He assists clients in the formation and interpretation of transportation contracts, especially where the issues include indemnification clauses, tenders of defense, insurance coverage, contract law, principal agency, liability of brokers and shippers, and punitive damages.

Legal experience

• Substantial experience in all aspects of civil litigation from case intake through final disposition at trial and appeal. Handling heavy caseloads at busy litigation practices.

• Case management and development skills include: initial client interviews, researching potential claims, developing case strategy, and advising clients on likely outcomes. Discovery experience includes: taking numerous expert and fact witness depositions, propounding and responding to interrogatories.

• Significant writing experience includes: drafting pleadings, motions practice such as drafting summary judgment motions, motions to compel and for sanctions and motions to dismiss.

• Oral advocacy and courtroom experience includes: trial work, as both lead and second chair attorney, arguing successful appeals before the Utah Court of Appeals and the 10th Circuit Court of Appeals.

• Experience in a wide array of legal areas, including employment law, employee benefits, civil rights, personal injury, contract disputes, professional licensing, administrative law and health care law.

• Representative clients include: governmental entities insured through the Utah Association of Counties and Utah

Reported Cases

Francis v. National DME, 2015 UT App 119, 350 P.3d 615 (successfully overturned district court decision)

Walker v. City of Orem, 451 F.3d 1139 (10th Cir. 2006) (successfully upheld district court decision)

Coldesina v. Estate of Simper, 407 F.3d 1126 (10th Cir. 2005) (successfully overturned district court decision)

Johnson v. Lindon City Corp., 405 F.3d 1065 (10th Cir. 2005) (successfully upheld district court decision)

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Heinemann, KristinLicensed CA

Kristin has represented numerous major interstate and intrastate carriers in both state and federal courts. She has successfully defended against wrongful death and other personal injury actions arising from highway collisions involving multiple vehicles. Kristin is licensed to practice law in CA.

Work experience

Dall Law Firm, APC, Mission Viejo, CA 8/2007-12/2014PartnerPracticed primarily insurance defense focusing on automobile accidents, premises liability, dangerous condition, general liability, negligent entrustment and various insurance code/statutory violations. Worked closely with multiple adjusters from various multinational rental car and national automobile insurance companies, including Enterprise Rent-A-Car, Alamo Rent-A-Car and Wawanesa Mutual Insurance Company. Managed a 60+ caseload from inception through settlement or trial. Solely responsible for case analysis, client management, all facets of written discovery, depositions, expert discovery, settlement negotiations and mediation. Experienced at trial as both first and second chair, drafting and arguing motions, preparing and cross-examining witnesses, jury selection, giving opening statements and closing arguments. Proficient

Work experience

Jenson & Guelker, PLLC, Salt Lake City, Utah Partner, January 2006 – Present

Stirba & Associates, Salt Lake City, Utah Litigation Associate, October 1999 – January 2006

Utah Attorney General’s Office. Salt Lake City, Utah Law Clerk, May 1997 – October 1999

Guelker, Gary

Licensed NV, UT

education

University of Utah College of Law, Salt Lake City, Utah Juris Doctor, 1999

1st Place- 1998 University of Utah Sutherland Moot Court Competition

Quarter Finalist- 1999 National Moot Court Competition

Michigan State University, East Lansing, Michigan Bachelor of Arts Degree, Political Economy Major, 1996

Volunteer / Associations

DDI Vantage Board of Directors, 2014 – Present

Young Lawyers Executive Committee, 2006 – 2009

Utah Bar Journal Committee, 2002 – 2004

Knights of Columbus, 2005 – Present

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at drafting pleadings, written discovery, discovery motions, arguing law and motion, taking and defending depositions, conducting expert discovery, mediation, arbitration and trial.

Jefford C. Davis and Associates, Brea, CA 7/2005-5/2006Law ClerkSupported multiple aspects of civil litigation by drafting legal motions and pleadings, including oppositions and replies, drafting discovery responses, preparing witnesses, researching federal statutory and case law.

Don R. Ford—APC. Anaheim Hills, CA 7/2004-8/2005Law ClerkAssisted attorney by drafting estate plans, including wills, trusts, deeds, power of attorney and health care directives. Interviewed clients, researched case law, witnessed the signing of legal documents and performed assorted clerical duties.

O. C. Public Defender, Fullerton, CA 5/2004-8/2004Law Clerk, north Justice CenterAssisted attorneys by attending preliminary hearings, assisting in voir dire, developing strategy and attending trial. Assisted in trial preparation by interviewing and counseling clients, preparing of exhibits, researching case law and drafting motions.

education

Chapman University School of LawJuris Doctor 5/2006• Honors: ENLURE Certificate (Environmental, Land Use, Real Estate), Golden Quill Writing Award and invitation

to sit on Moot Court Honor Board

• Member Associations: Phi Alpha Delta Law Honor Fraternity, O.C.B.A.

• San Diego State University

• Bachelor of Science, magna cum laude, Business Marketing 5/2003

• Honors: Dean’s List, Golden Key International Honor Society, Beta Gamma Sigma

• Business Honor Society, San Diego State University Honor Society, Phi Eta Sigma

• National Honor Society

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Jennings, MarcLicensed CA

Marc has represented logistics providers, freight-liners, trucking manufacturers and product distributors as well as their insurers in litigation arising from incidents involving personal injuries, wrongful death, property damage, cargo and freight claims, business interruption and products liability. Marc is licensed to practice law in CA.

Work experience

AiGSenior Trial Attorney (contract)Hartford Fire ins. Co.• Active, construction defect, tort and subrogation case load.

• Managed a staff up to 28, including 12 Attorneys, 4 paralegal and 12 support staff in personal and commercial auto liability, general liability, construction defect and subrogation for up to 1000 cases.

• Managed multiple California legal offices from 2006 to 2012.

• Implemented and managed remote Attorneys since 2004, with 10 of 12 attorneys in the remote worker program.

• Consistently attained and maintained high customer service pulse survey and worker engagement index scores.

• Developed California construction defect defense business model implemented in Arizona, Nevada, Washington, Oregon, New Mexico, New Jersey, Minnesota, Florida and Texas.

• Business sponsor for client profiles litigation management and electronic document management software, a 13 million dollar project.

• Business sponsor for litigation reports, automating previously manual processes.

• Business sponsor for the credit card allocation to file project.

• Worked with commercial claims to develop standardized systems and procedures, increasing efficiency resulting in multi-million dollar savings.

PLAinTiFF AnD DeFenSe CiViL LiTiGATiOn eXPeRienCeLaw Offices of Marc Justin Jennings• Real Estate: sales, financing, escrow, title, easements, boundary disputes, commercial and residential landlord and tenant, homeowner’s disputes, CC&R enforcement, construction defects, land sale contracts, lease options, AITD’s, mortgage brokerage defense, broker, salesperson and appraiser defense.

• Financial Intuitions: loan servicing, judicial and non judicial foreclosure, bankruptcy relief from stay, unlawful

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detainer, collections.

• Bankruptcy: Chapter 7, 11 and 13, relief from stay, discharge ability issues, fraudulent transfers, adversary proceedings

• Business: sexual harassment, wrongful termination accounting and dissolution, insurance defense, corporate defense, administrative regulations, collections, security interests, leases, licensing, employment and termination.

education

• Juris Doctorate, California Western School of Law, San Diego, CA 1984

• Bachelor of Arts, Sociology of Law and Business Economics 1981

• University of California, Santa Barbara

• Admissions

• Supreme Court of the State of California 1984

• United States Court of Appeals for the Ninth Circuit 1985

• United States District Court for the Central District of California 1985

• United States Tax Court for the Central District of California 1987

• United States District Court for the Southern District of California 2011

• United States District Court for the Northern District of California 2011

• California DRE Brokers License 1989

Martini, ElisabethLicensed AZ, CA, CO, MA

Elisabeth has extensive experience in defending trucking companies in complex litigation including property claims, commercial litigation, employment, and most importantly, large loss injury and death claims. She immediately implements our Emergency Response eam when an accident occurs in order to preserve physical evidence, witness information, and to investigate the cause of the accident.

Elisabeth is licensed to practice law in AZ, CA, and CO.

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Work experience

Resnick & Louis P.C. Scottsdale, Arizona nov 2013 - presentAttorney – Licensed in Arizona, California, Colorado, Massachusetts.• Represent and defend trucking companies on variety of legal issues including catastrophic personal injury,

products liability, negligence, property damage, and breach of contract

• Develop and implement strategy for prosecuting, defending, and settling a wide range of litigation matters involving a variety of legal issues.

• Draft and prepare successful dispositive motions including, demurrers, motions to dismiss, motions for summary judgment and motions in limine.

• Attend, defend and take depositions for numerous multi-million dollar personal injury cases, breach of contract, business litigation, and other matters.

• Maintain high level of client contact and provide regular updates to both insureds and insurers including meeting strict requirements for insurance company reporting guidelines, including providing weekly, monthly, and quarterly reports where applicable for approx. 20 different insurance companies.

• Responsible for developing new business connections and managing existing connections, leading to significant financial benefit for the firm..

education

Arizona State University- Sandra Day O’Connor School of Law, Tempe, ArizonaJuris Doctorate May 2013G.P.A: 3.41Activities: Trial Advocacy Program FellowDelta Theta Phi, Dean and Co-Founding Member, ABA Student Member

McCallum Graduate School of Business -Bentley University, Waltham, MassachusettsMaster of Business Administration in Real Estate and Finance, High Honors, May 2008GPA: 3.73Honors: Recipient of McCallum Graduate School Academic Scholarship

Bentley University, Waltham, MassachusettsBachelor of Science in Management and Marketing, magna cum laude, May 2006GPA: 3.72Honors: High Honors in Management, President’s List, Dean’s List, Bentley College Honor Society, Beta Gamma Sigma, Recipient of SCORE scholarship, Recipient of President’s ScholarshipActivities: Bentley Law Society – Treasurer

Bar Admission

• Arizona, 2013• District of Arizona, 2014• Massachusetts, 2014• California, 2014• Colorado, 2015

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Mooshekh, AlanLicensed AZ, CA, CO

Alan recognizes the unique role that trucking plays in shipping goods across this country and recognize the exposure for trucking companies be it local, regional, or national. Alan not only work with corporate trucking clients at interstate trucking companies, but are qualified to independent operators, hazardous material shippers, and others involved in the transporting of passengers and goods. Alan is licensed to practice law in AZ and CA.

Work experience

Maricopa County Superior Court, Phoenix, AZLegal extern to Judge John Rea January 2014 - Present

• Reviewed pleadings for pretrial motions pending on the civil docket. Prepared bench memorandums outlining legal issues with recommendations for ruling. Submitted bench memorandums to the presiding judge and scheduled meetings to discuss possible outcomes. Attended court hearings to observe oral arguments and ultimate rulings.

U.S. Department of the interior, Phoenix, AZAmerican indian Wills Clinic May 2013 - August 2013

• Interviewed indigent members of the Gila River Indian Reservation regarding will preparation and property distribution. Prepared wills tailored to the specialized needs and intent of each individual client. Assisted in validating wills by obtaining appropriate signatures and filing with the Maricopa County Recorder.

Farmers insurance Group, Scottsdale, AZSenior Claims Representative (Commercial Claims) July 2010 - August 2012

• Processed claims against large and small businesses with multi-million dollar policy limits. Interpreted commercial policies and resolved complex coverage issues. Evaluated, negotiated and settled high exposure injuries. Drafted case management strategies for claims in litigation by assessing legal issues such as: liability, coverage, jurisdiction, damage values, reserves and general case strength and weakness.

education

• Arizona Summit Law School (formerly Phoenix School of Law), Phoenix, AZ

• Candidate for Juris Doctor, May 2014

• Activities: Phoenix Law Review Volume VII, Senior Staff Editor

• Student Bar Association, Vice President

• Maricopa County Bar Association, Student Member

• Scottsdale Bar Association, Student Member

• Arizona State University, Tempe, AZ

• Bachelor of Science in Business Administration, May 2008

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Murphy, Christopher L.Licensed SC

Christopher has extensive experience with property and cargo damage claims. Litigation involving tractor trailers, large transports rail cars, automobiles and other mass transport. He has handled Trailer interchange issues, spoliation and electronic discovery issues and endorsement issues. Chris is licensed to practice law in SC.

Work experience

Resnick and Louis, PC., January 2015 - present• Partner for Resnick and Louis, PC in charge of administering the firm’s South Carolina office. I specialize in litigation representing various

government agencies and insurance companies.

Murphy Law Offices, LLC, - January 2014 - January 2015• I was responsible for all aspects of running a law firm. I focused on litigation and handle a wide array of cases representing government

agencies.

Williams and Walsh, LLC, - June 2013 - December 2013• I served as Of Counsel at Williams and Walsh, LLC and primarily assist in litigation and handling of condemnations matters on the

landowner side.

Stuckey & Murphy Law Offices, LLC, November 2007 - June 2013

• Responsible for representing various government agencies which includes the handling of Beaufort County’s half cent sales tax program.

education

• UNIVERSITY OF SOUTH CAROLINA Juris Doctorate, May 1997

• Gettysburg College B.A. 1994

• American University, Washington, D.C. Economic Policy Studies, Fall 1993

Honors/Accomplishments

• Certified Mediator in S.C. Certified Arbitrator in S.C.• Approved Member of the C.J.A. Panel S.C. Council for Conflict Resolution• Dean’s List Fall 1996, Spring 1997• Strom Thurmond Merit Scholarship Recipient 1996, 1997• Tied for Highest Grade in Environmental Seminar Spring 1996• Tied for Highest Grade in International Law Seminar Fall 1997

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The Honorable Bristow Marchant, United States District Court, Columbia, SC - Law Student Intern• Conducted extensive legal research, prepared memoranda of law, drafted orders and recommendations and assisted during trial. Fall 1996

Professor Kenneth W. Gaines, University of South Carolina Law School - Research Assistant• Performed legal research, helped prepare and edit criminal law periodicals for publication. Fall 1996

John has represented clients before governmental regulatory entities such as the U.S. and Colorado Departments of Transportation, the Colorado Public Utilities Commission and the Colorado State Patrol. This representation involves appearances in both state and federal courts. John is licensed to practice law in CO.

John T. Osgood is a civil litigator with vast experience handling complex commercial disputes, personal injury and premises liability claims, defense of truckers and trucking companies involving intrastate and interstate issues, insurance coverage disputes, bad faith claims asserted against insurance carriers, and construction defect claims in Colorado and other jurisdictions.

In his thirteen years as an attorney in Denver, John has managed numerous cases through trial and appeal in state and federal trial courts across the country, and has also represented clients in state and federal trial courts across the country, and has also represented clients in business disputes before various arbitration tribunals.

John’s representative experience in the trucking industry has included defense of numerous truckers and companies involving allegations of catastrophic injuries and death. John tried one of these matters to verdict below the final settlement offer, and the matter ultimately resolved while pending on appeal. He has also favorably resolved numerous other disputes, including matters involving sensitive issues pertaining to damages, liability, and limits on available insurance coverage.

John received his Juris Doctorate from the Syracuse University School of Law, where he served as an Executive Editor of the Syracuse Law Review. Prior to attending law school, John was a four-year letterman on the varsity baseball team at Cornell University, earning All-Ivy League honors as a utility player in 1998. It is this experience as a college athlete that John views as his most reliable resource in the practice of law. The in-game strategy in baseball often mirrors that in a complex legal matter, requiring quick thinking and execution to ultimately produce the best, and most cost-efficient result for his most important teammates – his clients.

John is an active member of the Denver community. He is a member of the Colorado State Bar, the Arapahoe County Bar Association, and the Colorado Defense Lawyers Association. John is also a proud supporter of the Epilepsy Foundation of Colorado.

Osgood, John T.Licensed CO, NE

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Resnick, Mitchell J.Licensed AZ, CA, CO, NV, NJ, NY

Mitchell is the managing partner and his team offers extensive experience helping companies with large fleets of vehicles in both interstate and intrastate transportation claims. He is well versed in the Federal Motor Carrier Safety Administration rules and regulations, Regulations, Arizona motor vehicle regulations, and applicable transportation standards of care. Mitch is licensed topractice law in AZ, NV, CA and NY.

Work experience

Managing PartnerResnick & Louis, PC

Jul y2012 – Present

education

J.D., Pace University Law School 1994

B.A. University of Arizona, with Honers, 1990

Honors and Awards

Selected, Southwest Super Lawyers for construction

Westfield Groups 2010 Golden Gavel Award for Attorney Excellence

Arizona Finest Lawyers

Ranked Top 100 Lawyers in Las Vegas

Professional Affiliations

State Bar of Arizona

State Bar of Nevada

State Bar of California

State Bar of Colorado

State Bar of New Jersey

State Bar of New York

Maricopa County Bar Association

Orange County Bar Association

Arizona Association of defense Counsel

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Rohfeld, Michael D.Licensed CA

Michael represents transportation clients in all aspects of employment law disputes, defending discrimination claims as well as wage and salary disputes. He also represent employers in their workers’ compensation cases. Michael has advised clients in the event of hazardous material spills or releases, claims of water and soil contamination, clean-up obligations, and various environmental compliance matters. Michael is licensed to practice law in CA.

Work experience

July 2013 Senior Counsel – Resnick & Louis to dateHandling all aspects of insurance defense litigation, construction defect, commercial and personal linescases. Responsible for all activity in cases from initial analysis of claims, pleadings, law and motion, all appearances, discovery, ADR and trial.

January 2012- Staff Counsel- CnA insurance (MCU) Major Case Unit Attorney July 2013Full responsibility for defense of cases from initial appearance through trial. Develop and implement case work plans for prompt case resolution. Member in-house technology focus group; to develop and implement new technologies in the legal workplace.

november 2010- Principal- Law Offices of Michael Rohfeld, Brea, CA. To January 2012Insurance defense and tort litigation. Represented insurance companies in 3rd party defense matters.Handled all aspects of commercial, personal lines cases, products liability and construction defect matters.

April 2008- Associate – Prenovost, normandin, Bergh & Dawe, Santa Ana, CA October 2010AV Firm. Represented clients in general and transactional business litigation matters, with constructiondefect, tort, and insurance defense experience.

Sept. 1985- Staff Attorney- Safeco insurance Company of America, Orange, CA April 2008Responsible for litigating all aspects of personal and multi-lines commercial cases, CD matters and firstparty UM and UIM claims. Mediated and or arbitrated hundreds of cases. Excellent negotiation skills.Member of attorney technology focus group to design and implement case management software,mobile and PC based voice dictation. Assistant office manager, trained and mentored new lawyers.

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education

• Western State University College of Law, Fullerton, CA- Juris Doctor Degree

• California State University Dominguez Hills, Carson, CA- Bachelor of Arts degree in Psychology – Human Studies

Accomplishments

• Member, State Bar of California

• Licensed in all California based Federal Courts

• 2013 Re-Certified Temporary Judge, Orange County Superior Court

• Arbitrator, Personal Injury Panel, Orange County Superior Court

Siotos, Dean J.Licensed TX

Dean handles comprehensive representation to both local and national shippers, brokers and carriers in Texas and across the United States. Dean helps clients handle a variety of transportation law issues, including contract negotiations, loss and damage cargo claims, and litigation and appeals in state and federal courts. Dean is licensed to practice law in TX.

Work experience

December 2013 – Current: Senior Attorney Macdonald Devin, P.C.Dallas, TexasLitigation CounselHandling high-exposure construction litigation/arbitration, nursing home negligence litigation, and commercial disputes. Defended suits against design professionals and engineering firms. Representative clients: Lexington Insurance, Beazley Insurance, AIG Insurance; Barker Rinker Seacat Architecture, P.C., Mucasey & Associates; Kevin Clark Naud Burnett, Inc.

May 2013 – november 2013: Of Counsel The Calvin Law Firm, P.L.L.C.Dallas, TexasLitigation CounselHandling high-exposure personal injury, construction litigation and arbitration, as well as commercial disputes. Defended suits against property management companies and property tax claims brought against business clients. Representative clients: Simpson Property Group, LP; Lincoln Education Services Corporation;

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Sedgwick Claims Management Services, Inc.; AIG Insurance – Private Client Group(Personal Lines); Eberhart Homes, L.P.

December 2012–May 2013: Trial Attorney Law Offices of Arthur K. Smith, P.C.Allen, TexasLitigation Counsel

Defended numerous civil litigation matters involving property management and product liability issues, as well as ongoing management of litigation and pre-litigation personal lines cases.

May 2004–April 2006: Associate Henslee Schwartz LLPApril 2006-november 2012: Partner Dallas, TexasLitigation Counsel

Defended and/or prosecuted over 150 civil litigation matters, through appeal, when necessary. Managed andorchestrated strategies in various civil matters, including wrongful death and construction matters, from presuit status to final resolution. Supervised associate attorneys and support staff. Conducted fifteen (15) jury and bench trials in venues across the state, fourteen (14) as solo/first chair. Participated in numerous pre-litigation activities, including cause and origin fire investigations on behalf of residential property management company and wrongful death investigations for personal lines homeowners’ insurance provider.

October 2001–May 2004 in-House/Staff Counsel for St. Paul insurance CompanyDallas, TexasLitigation Counsel – Fox, Conner & SnelsonManaged over 120 cases (third party and first party claims), involving personal injury (including wrongful death), construction, product liability, property damage claims, governmental liability, contractual liability, and subrogation. Solo trial counsel in over twenty (20) jury and bench trials. Worked closely with claims personnel in evaluating exposure and establishing strategy in claims-related matters prior to and during litigation. Representative clients; McDonald’s Corporation; Bowie-Cass Electrical Cooperative; Vermeer Equipment Corporation; Simpson Property Group, LP.

June 1998–October 2001 Dean J. Siotos, Attorney at LawHouston, TexasSolo PractitionerMaintained private law practice serving clients in various matters involving civil, family, bankruptcy and criminal defense litigation. Handled over 170 cases on behalf of plaintiffs and defendants. Conducted over twenty (20) bench and jury trials.

May 1995–June 1998 Paul C. Looney & AssociatesHouston, TexasAssociate AttorneyLitigated over 200 cases to final resolution. Supervised junior associate counsel and office staff in matters involving civil, family law and criminal law litigation. Conducted over twenty-five (25) bench and jury trials, all but three as solo/first chair.

education

• 1992-1995 Juris Doctor- Texas Tech University School of Law Lubbock, Texas

• 1994 Mediation Training- South Plains Association of Governments Lubbock, Texas

• 1988-1991 B. A., Political Science/Minor, Philosophy- University of North Texas Denton, Texas

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Squire, RobertLicensed FL

Rob has handled logistics providers in bodily injury and cargo loss litigation, including large clients such as Macy’s and JcPenney’s. Rob has provided full service solutions for issues that affect consignees confronted with the many challenges of delivering, transporting, storing, and receiving freight and commercial goods. Rob has helped business entities to obtain tax and insurance benefits, liability protection, transportation operational efficiencies, and regulatory compliance. Rob is licensed to practice law in FL.

education

• University of Miami School of Law

Areas of Practice

• Insurance Defense

• Insurance Coverage

• Insurance Bad Faith

• Construction Defect

• Personal Injury

• Personal and Commercial Auto Liability

• General Civil Litigation

• Real Estate and Title Defense

Professional Affiliations

• State Bar of Florida

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Tindall, RandallLicensed KS, NV

Randall focuses his practice primarily on large-loss cases and has successfully obtained verdicts in several cases regarding matters such as wrongful death, traffic accidents and bad faith. He has also worked as the head of risk management departments and therefore has invaluable insight into this side of Transportation and Trucking law. Randall is licensed to practice law in NV and KS.

Work experience

SR. TRiAL ATTORneY, Upson Smith, 2010-Present• Obtained defense verdicts in 12 of 25 trials that went to verdict. Never had a trial result in a verdict greater

than a Plaintiff’s offer of judgment

• Successfully obtained from the Nevada Supreme Court multiple writs of mandamus overturning erroneous District Court rulings

• Mentoring junior attorneys and staff to ensure quality work product and representation

• Successfully completed the 2012 Trial Advocacy Program

CORPORATe COUnSeL, Bigelow Management, inc. 2009-2010• Head of Risk Management for all Budget Suites in Nevada, Texas and Arizona

• Created and implemented policy and procedure regarding security personnel and employee and property safety

• Responsible for creating and implementing policies and procedures for claims handling, as required for the Captive Insurer, Diamond Insurance Group, through which the individual properties were insured

• Successfully obtained an injunction prohibiting Siegel Suites, represented by Lionel, Sawyer and Collins, from advertising by direct-dial to Budget Suites residents.

• Assisted with HR issues regarding terminations and subsequent EEOC claims

• Monitored outside counsel who had been retained to handle Texas and Arizona cases

SeniOR ASSOCiATe, Wilson, elser, Moskowitz, edelman & Dicker, LLP, 2006-2009• Represented casinos, nightclubs and insureds of various insurance companies in commercial general

liability litigation with emphasis on security officer negligence, premises liability and strict products liability

• Practice generally focused on large-loss cases which included alleged beatings at nightclubs and casinos, wrongful death, amputation, burns, pharmaceutical malpractice and nursing home abuse.

• Clients I brought into the firm included Wynn Resorts, Buddha Entertainment, LLC (Tao nightclub), Nine Group (Ghostbar and Rain nightclubs) and Light Group (Light nightclub)

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ASSOCiATe, Lewis and Roca, LLP, 2005-2006• Primarily responsible for defending Wyeth Pharmaceuticals in the Multi-District Litigation involving its diet drug and hormone replacement drug

• Represented Cooper Tires involving severe injury from rollover due to allegedly defective tires.

SR. LiTiGATiOn ATTORneY, MGM MiRAGe, 2002-2005• Defended all Nevada MGM MIRAGE properties (MGM Grand, Bellagio, Mirage, TI, NY-NY, Boardwalk, Golden Nugget) in all aspects of commercial general liability litigation.

• Advised individual property Risk Managers and staff regarding premises codes and standards, legal strategy and claim evaluation

• Mentored junior attorneys to ensure quality work product and representation

• Monitored outside counsel handling cases referred to them

ASSOCiATe, Laxalt & nomura, 2001-2002• Defended insurers and their insureds in first and third-party claims including bad-faith, traffic accidents, wrongful death and strict products liability

STAFF COUnSeL, GeiCO, 2000-2001• Defended GEICO and its insureds in, primarily, traffic accident litigation.

ASSOCiATe, Leach & english, 1998-2000• Defended insurers and their insureds in first and third-party claims including bad-faith, traffic accidents, wrongful death and strict products liability

education

• J.D., University of Oregon, 1997

• M.A., Kansas State University, 1994

• B.A., Kansas State University, 1992

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Operating In: Albuquerque · Bakersfield · Charleston · Dallas · Denver · Las Vegas · Miami · Orange County · Orlando · Phoenix · Riverside · Sacramento · Salt Lake City · Tampa · London

We would be happy to present on: Seminars, webinars, quick response teams, cargo, COGSA, and caremack.

Transportation Contact:Jim Mahoney

M:602.363.0864 | O: 602.900.1800 | [email protected]

FMCSA Regulations • Broker and Motor Carrier Operations and contracts • Carmack Amendment • COGSA • Independent Contractor Issues • Transactions • Injury Property Loss and Death Litigation