nathaniel g. saylor, partner - transportation€¦ · nathaniel g. saylor’s practice includes...

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PRACTICE CONCENTRATION Mr. Saylor's practice focuses on a wide array of transportation and logistics issues including transportation and logistics contracting; regulatory compliance; NVOCC/Ocean freight forwarders licensing and compliance; indirect air carrier licensing and compliance; intermodal issues; international transportation; third-party logistics; security (including C-T PAT certification and indirect air carrier compliance); carrier bonding; cross-border operations; cargo claims; and freight charge disputes. PROFILE Nathaniel G. Saylor’s practice includes licensing and commercial contract matters within all modes of transportation, including motor, air, ocean and rail. Saylor’s clients include motor carriers, property brokers, indirect air carriers, non-vessel operating common carriers, and other forwarders. He focuses on complex contractual issues that arise when multiple parties -- including carriers, third-party intermediaries and/or multiple modes of transportation -- are involved. Saylor regularly counsels clients on regulatory compliance obligations, especially as they relate to licensing and authorities. In this regard he regularly assists in merger and acquisition projections and client restructurings to ensure continuity of permits and authorities. He is a frequent speaker at transportation industry association conferences across the nation. PRACTICE AREAS Regulatory, DOT, and Hazardous Materials Compliance Corporate Structuring and Business Transactions Air and Ocean Regulation, Transactions, and Litigation Independent Contractor Issues International Transportation & Logistics Law Warehousing and Logistics Sharing Economy, Autonomous Vehicles, and Emerging Technologies EDUCATION Ball State University, B.A. (435) 315-3947 (435) 603-0775 [email protected] OFFICE: Salt Lake City © 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved. NATHANIEL G. SAYLOR, Partner

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Page 1: NATHANIEL G. SAYLOR, Partner - Transportation€¦ · Nathaniel G. Saylor’s practice includes licensing and commercial contract matters within all modes of transportation, including

PRACTICE CONCENTRATION

Mr. Saylor's practice focuses on a wide array oftransportation and logistics issues including transportationand logistics contracting; regulatory compliance;NVOCC/Ocean freight forwarders licensing andcompliance; indirect air carrier licensing and compliance;intermodal issues; international transportation; third-partylogistics; security (including C-T PAT certification andindirect air carrier compliance); carrier bonding;cross-border operations; cargo claims; and freight chargedisputes.

PROFILE

Nathaniel G. Saylor’s practice includes licensing andcommercial contract matters within all modes oftransportation, including motor, air, ocean and rail.Saylor’s clients include motor carriers, property brokers,indirect air carriers, non-vessel operating commoncarriers, and other forwarders. He focuses on complexcontractual issues that arise when multiple parties --including carriers, third-party intermediaries and/ormultiple modes of transportation -- are involved. Saylor regularly counsels clients on regulatorycompliance obligations, especially as they relate to licensing and authorities. In this regard heregularly assists in merger and acquisition projections and client restructurings to ensurecontinuity of permits and authorities. He is a frequent speaker at transportation industryassociation conferences across the nation.

PRACTICE AREASRegulatory, DOT, and Hazardous Materials ComplianceCorporate Structuring and Business TransactionsAir and Ocean Regulation, Transactions, and LitigationIndependent Contractor IssuesInternational Transportation & Logistics LawWarehousing and LogisticsSharing Economy, Autonomous Vehicles, and Emerging Technologies

EDUCATIONBall State University, B.A.

(435) 315-3947

(435) 603-0775

[email protected]

OFFICE: Salt Lake City

© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

NATHANIEL G. SAYLOR, Partner

Page 2: NATHANIEL G. SAYLOR, Partner - Transportation€¦ · Nathaniel G. Saylor’s practice includes licensing and commercial contract matters within all modes of transportation, including

cum laudeIndiana University Kelley School of Business, M.B.A. Indiana University Robert H. McKinney School of Law, J.D.

cum laude

ADMISSIONS/MEMBERSHIPS

Bar AdmissionsIndiana (2005)Utah (2017)

Court AdmissionsAll Indiana state and federal courts

MembershipsThe Airforwarders Association Association for Transportation Law ProfessionalsTransportation Lawyers AssociationTransportation Intermediaries Association - Education Committee MemberIndiana State Bar Association

ON THE ROADArranging for Air and Ocean Transportation - Legal ConsiderationsApr 11, 2019, Transportation Intermediaries Association's 2019 Capital Ideas Conference &Exhibition - Orlando Transportation Intermediaries Association Webinar Series: Negotiating Customer Contracts-Assessing Your Risk ToleranceAug 15, 2018 Bridging the Gap Between Shipper Contract and Insurance Requirement PanelApr 11, 2018, Transportation Intermediaries Association Capital Ideas Conference andExhibition - Palm Desert, CA Government Regulation of Supply Chains PanelSep 25, 2017, Council of Supply Chain Management Professionals - Atlanta, GA International Logistics - Real World Examples of What Can Go Wrong, And How to Prevent ItJul 20, 2017, Scopelitis Webinar Series Customer Contracts Considerations for Brokers and Other Non-Asset Logistics ProvidersJun 15, 2017, Scopelitis Webinar Series Motor Carrier Contract Considerations - Beyond the BasicsMay 18, 2017, Scopelitis Webinar Series

PUBLICATIONSTransportation Brief: Hemp Transportation Remains Risky Business

Determining whether hemp qualifies for safe harbor is no easy feat. Read more about thecomplicating factors that go into determining whether or not to accept shipments of hemp

© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

NATHANIEL G. SAYLOR, Partner

Page 3: NATHANIEL G. SAYLOR, Partner - Transportation€¦ · Nathaniel G. Saylor’s practice includes licensing and commercial contract matters within all modes of transportation, including

complicating factors that go into determining whether or not to accept shipments of hempand hemp-derived products.

Scopelitis in the News: "Lobster Heist: Recent Court Ruling on Broker Cargo Liability - WhatYou Need to Know." December 3, 2019. Transportation Intermediaries Association (TIA)Newsletter.

Scopelitis Partner Nathaniel Saylor offers a comprehensive legal analysis of the SenecaLogistics case and the key takeaways and implications for 3PLs based on the judge’sdecision.

Scopelitis International News: November 2019Updates from Scopelits' International Transportation & Logistics Law Team includinginsights on shipping sanctions, ICAO increasing the liability limit, assessing the risk ofanti-corruption violations, and a contract review tip.

Scopelitis in the News: "Appeals Court Hears Oral Arguments in Idaho Hemp Case." August29, 2019.

Scopelitis Partner Nathaniel Saylor in Transport Topics on the Idaho Big Sky hemp case.Law Alert: New TSA Program Could Help Avoid Civil Penalties

The Scopelitis Air Cargo Team on TSA's new Action Plan Program.Scopelitis International News: August 2019

The latest international transportation news including changes to China NVOCCregistration, UK SFO corporate co-operation guidance liability for a foreign subsidiary,OFAC violations, and upgraded Venezuela sanctions.

Scopelitis International News: July 2019The latest from Scopelitis International Transportation & Logistics team, includingTSA's Action Plan Program, the United States-Mexico-Canada Agreement (USMCA),Brexit, and annual compliance check-ups.

Scopelitis International News: June 2019Updates from Scopelitis' International Transportation & Logistics Law team.

Scopelitis International News: May 2019Updates from Scopelitis' International Transportation & Logistics Law team.

Scopelitis in the News: "Sales Agent Agreements: Are You Covering All the Bases?" May 4,2019. Transportation Intermediaries Association's 3PL Perspectives Magazine.

Scopelitis Partner Nathaniel Saylor on key shortcomings often seen in 3PL/agentagreements.

Scopelitis International News: April 2019Updates from Scopelitis' International Transportation & Logistics Law team.

Transportation Brief: Spotlight on Scopelitis Emerging Tech PracticeThe way transportation companies conduct business today is changing quicker than ever,with technology presenting new opportunities and challenges. The Scopelitis Firmactively follows these changes and frequently assists newly-formed, technology-basedtransportation companies and established companies that seek to adopt new technologiesto enhance their existing business model.

Transportation Brief: Transporting Hemp Still Risky Business After 2018 Farm BillThe 2018 Farm Bill (the Bill) removed hemp and hemp-derived products—provided they

© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

NATHANIEL G. SAYLOR, Partner

Page 4: NATHANIEL G. SAYLOR, Partner - Transportation€¦ · Nathaniel G. Saylor’s practice includes licensing and commercial contract matters within all modes of transportation, including

contain a THC concentration of 0.3% or less—from the Controlled Substances Act’sdefinition of marijuana, effectively decriminalizing the transportation of those products atthe federal level. But, as some carriers and their drivers have learned, states can prohibittransportation of hemp and related products within their borders.

Scopelitis International News: March 2019Updates from Scopelitis' International Transportation & Logistics Law team.

Scopelitis International News: February 2019Updates from Scopelitis' International Transportation Law team.

Law Alert: Idaho and Other States Dig In Their Heels on Interstate Hemp TransportationMore from Scopelitis on the Big Sky Scientific, LLC v. Idaho State Policecase involving shipments of hemp that pass through their borders.

Scopelitis International News: January 2019Updates from the Scopelitis International Transportation Law team.

Transportation Brief: U.S. EPA Enforcement of California Air Resources Board (CARB)Regulations Outside of California

If your company hires or dispatches heavy-duty trucks to operate in California variousCARB regulations may apply to your operations. Read more from our attorneys.

Law Alert: California Joint and Several Motor Carrier ListPursuant to the statutory “publication” requirement under CA Labor Code §2810.4 a listof motor carriers that have outstanding California Department of Labor StandardsEnforcement wage and hour liabilities has been published. Read more.

Scopelitis International News: December 2018From Scopelitis' International Practice, this issue focuses on Canine Cargo Screening;Freight Forwarder Contract Issues; FCPA M&A Diligence Guidance and New GDPRGuidelines.

Scopelitis International News: November 2018From Scopelitis' International Practice, this issue focuses on Iran Sanctions Update;TIACA Air Cargo Forum 2018; Freight Forwarder Contract and the GDPR Offspring.

Scopelitis International News: October 2018From Scopelitis' International Practice, this issue focuses on NAFTA-2; Air CargoAdvance Screening Program; FCPA Update and the Sulfur Cap.

Scopelitis International News: September 2018From Scopelitis' International Practice, this issue focuses on FCPA enforcement;Anti-Boycott Laws; EU’s Global Data Protection Regulation and the New FMC Rule forNVOCCS.

Scopelitis in the News: "Customer Contract Considerations for International Forwarders." June20, 2018, Roanoke Trade.

Scopelitis Partners Jacob Fisher and Nathaniel Saylor provide a brief overview of somelegal and practical considerations to take into account when approached by a customerwith a contract purporting to address international forwarding operations.

Scopelitis in the News: "Be Cautious With Those Value-Added Services." Global Cold ChainAlliance's Cold Facts Magazine, March-April 2018 Edition.

Scopelitis Partner Nathaniel Saylor on terms and conditions of value-added services.

© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

NATHANIEL G. SAYLOR, Partner

Page 5: NATHANIEL G. SAYLOR, Partner - Transportation€¦ · Nathaniel G. Saylor’s practice includes licensing and commercial contract matters within all modes of transportation, including

Scopelitis in the News: "CSA Study and Next Steps." September 2017 Logistics CarrierJournal, A Monthly Publication of TIA

Scopelitis Attorneys Nathaniel Saylor and Brandon Wiseman offer a summary ofFMCSA's study of the CSA Program.

Scopelitis in the News: "Setting the Record Straight on Broker Liability for Loss and DamageClaims." April 2017, The Logistics Journal (TLJ)

Scopelitis Partner Nathaniel Saylor shares insight with TLJ on bad information andmisunderstanding in the industry regarding whether and to what extent a broker is liablefor cargo loss and damage claims.

Scopelitis in the News: "The FDA's Continued Focus on the Logistics Industry: The SanitaryFood Transportation Act and Beyond." September 2016, The Logistics Journal (TLJ)

Scopelitis Partner Nathaniel Saylor and Craig Helmreich share insights with TLJ onregulations that say the brokers are "shippers", thereby exposing brokers to directregulation by FDA.

Scopelitis In the News: "Carrier Selection Update (What Just Happened?)" June 2016 editionThe Logistics Journal: A Publication of the Transportation Intermediaries Association

Scopelitis partner Nathaniel Saylor on potential liability related to carrier selectionScopelitis in the News: "Operational and Practical Considerations for the InternationalIntermediary." September 2015, The Logistics Journal (TLJ)

Scopelitis Partners Nathaniel Saylor and Jake Fisher share insights with TLJ oninternational air freight forwarders, in order to practically tender cargo to manyinternational air carriers, must become “endorsed agents” of the International AirTransport Association (“IATA”).

Scopelitis in the News: "International Logistics Operations—A Legal Primer" June 2015, TheLogistics Journal (TLJ)

Scopelitis Partner Nathaniel Saylor shares insight with TLJ on the arrangement oftransportation to and from the U.S. by U.S. based intermediaries.

Scopelitis in the News: Partner Nathaniel Saylor Talks to Transportation IntermediariesAssociation on a 2015 federal court case in Louisiana involving BASIC Scores in 3PL

VIDEO from TIA: BASIC Scores in 3PL Court CaseScopelitis in the News: "Court Rejects Link Between BASIC Scores and Carrier Crash Risk"April 2015, The Logistics Journal (TLJ)

Scopelitis Partner Nathaniel Saylor shares insight with TLJ on a favorable ruling for theindustry when the federal district court of Louisiana granted summary judgment in abroker’s favor on numerous claims alleging broker liability for a highway accident.

Scopelitis in the News: "Considerations in Negotiating Customer Contracts." September 2014,The Logistics Journal (TLJ)

Scopelitis Partner Nathaniel Saylor shares insight with TLJ on some common requestsfrom shippers, provide commentary on how those requests might impact your business,and suggest strategies for blunting the impact of onerous contract provisions.

Scopelitis in the News: "Legal Structure Considerations for Diverse Logistics Operations." July2014, The Logistics Journal (TLJ)

Scopelitis Partners Nathaniel Saylor and Andy Light share insights with TLJ on whether

© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

NATHANIEL G. SAYLOR, Partner

Page 6: NATHANIEL G. SAYLOR, Partner - Transportation€¦ · Nathaniel G. Saylor’s practice includes licensing and commercial contract matters within all modes of transportation, including

clients should restructure their operations to separate various lines of business intodifferent legal entities.

Scopelitis in the News: "FMCSA’s Coercion Rule Provides Plenty of Cause for Concern." June2014, The Logistics Journal (TLJ)

Scopelitis Partner Nathaniel Saylor shares insight with TLJ on the Federal Motor CarrierSafety Administration (“FMCSA”) publishing its Notice of Proposed Rulemaking(“NPRM”) proposing regulations prohibiting coercion of drivers of commercial motorvehicles.

The Logistics Journal"Federal Preemption of State Law Claims Against Brokers,"Transportation Intermediaries Association"Court Provides Roadmap to Avoid Vicarious Liability for Motor Carrier Conduct,"Transportation Intermediaries Association, The Logistics Journal

The Logistics Journal"FMCSA Actions Impacting Property Brokers and Surface FreightForwarders," Transportation Intermediaries Association"The Role of Load/Driver Tracking Applications in the 3PL Environment— Legal andPractical Considerations," Transportation Intermediaries Association, The Logistics Journal “Forwarders Face Lawsuits For Highway Accidents Caused by Truckers They Select,”Airforwarders Association, Forward Magazine (2011, co-authored) "Material Deviation: A Fallacious Argument Against Limitations of Motor Carrier Liability,"Transportation Lawyers Association, The Transportation Lawyer (2011, co-authored)

© 2020 Scopelitis, Garvin, Light, Hanson & Feary, P.C. All rights reserved.

NATHANIEL G. SAYLOR, Partner