Firm / Organisation

Slover & Loftus LLP

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This content is provided by Slover & Loftus LLP.

Number of lawyers: 13
Languages: English, Spanish

Firm Overview:
Slover & Loftus LLP (‘Slover & Loftus’) is a national law firm founded in 1967 and specializes in commercial transactions, litigation, and arbitration in transportation, energy, and administrative law. Clients include investor-owned, municipal, and cooperative utilities, bulk commodity rail shippers and receivers, terminals, intermodal freight providers, port authorities, state and local entities, regional railroads, and trade associations. The firm engages in trial and appellate advocacy in federal and state courts, federal and state administrative agencies, and before arbitral tribunals. Slover & Loftus’s attorney biographies and additional information on the firm, including its representative engagements, is available on the firm’s website: www.sloverandloftus.com.

Main Areas of Practice:
-Rail Transportation
-Energy & Fuel Supply
-Intermodal
-Electric & Natural Gas
-Port Authorities, Public Entities & General Commodities
-Regional Railroads, Motor Carriers & Water Carriers

Rail Transportation:
Slover & Loftus effectively represents the interests of shippers and other rail customers, including electric utilities and other bulk commodity shippers, intermodal freight providers, and grain, ethanol, fertilizer, petroleum products, and chemical shippers. In particular, the firm has represented rail customers in practically every major proceeding before the Surface Transportation Board and Interstate Commerce Commission during the past 50+ years, including rulemakings, declaratory order proceedings, unreasonable practice cases, mergers, railroad construction, railroad abandonments, and rate cases. The firm also represents clients in commercial disputes with all of the major railroads in the United States in federal courts, state courts, and arbitrations. Slover & Loftus regularly counsels rail shippers in the negotiation and administration of rail transportation contracts, including questions relating to the proper implementation of rate adjustment provisions, price renegotiation or true-up provisions, demurrage and accessorial services, and railroad service. The firm also counsels clients on railcar purchases and leases and has extensive experience in rail service matters, demurrage and accessorial fee disputes, railroad and customer liability issues, federal preemption, and corporate transactional work involving railroad and rail asset acquisitions.

Energy & Fuel Supply:
Slover & Loftus has extensive experience representing clients in the coal supply arena, including the representation of coal purchasers in the negotiation of new contracts, renegotiation of existing contracts, price adjustment audits, and contract buy-outs or buy-downs. The firm has also represented clients in litigation and arbitration over coal supply arrangements.

Intermodal:
Slover & Loftus maintains an active practice representing intermodal service providers, third-party logistics companies, and intermodal shippers in a wide array of matters, including complex contract negotiations, administrative, and regulatory matters, and litigation before courts and arbitration panels. The firm’s intermodal practice focuses on assisting clients with obtaining reasonable rate and service terms from major railroads, and other carriers, in the intermodal transportation supply chain. Slover & Loftus represents several of the nation’s largest intermodal transportation and logistics companies, as well as many grain, fertilizer, and chemical companies. Representative engagements include negotiating cost-based contract prices with major rail carriers; arbitrating price and service disputes against major rail carriers; arbitrating a contract termination dispute against a drayage provider; and mediating a dispute between logistics providers.

Electric & Natural Gas:
Slover & Loftus represents utilities in electric regula- tory matters, including major rulemakings and individual utility proceedings involving requirements and proposals for open access tariffs, management of transmission systems by independent system operators, development and implementation of reliability standards, and compliance with Federal Energy Regulatory Commission (‘FERC’) reporting and filing requirements. The firm has also counseled clients on power and natural gas purchase, sale, transmission, and transportation agreements, as well as associated litigation in the federal and state courts.

Port Authorities, Public Entities & General Commodities:
Slover & Loftus has represented and counseled major U.S. port authorities in connection with port terminal and dock rail switching services; various state and local entities in connection with rail access, rail acquisition, environmental mitigation, and service preservation issues; and cities and other public owners of rail transportation infrastructure in connection with the development and expansion of their properties. Matters handled by the firm include privatization of common carrier freight lines; shared use design and operation arrangements for coincident commuter and freight rail operations; design and implementation of plans to develop or expand freight yard rail terminal and intermodal transfer facilities; assistance in the development of public-private partnerships and accessing federal and state subsidy funds or guarantees for surface transportation facility upgrades; and assistance of public authorities in the acquisition, expansion, and retirement of rail-related assets. Slover & Loftus has also represented and counseled chemical, iron ore, taconite, wood and building products, steel, agriculture and many other bulk commodity, recyclable materials, and intermodal/exempt traffic shippers in connection with commercial agreements and common carrier rail transportation arrangements, including liability and indemnification. Slover & Loftus has also assisted with redevelopment of former railroad properties.

Regional Railroads, Motor Carriers & Water Carriers:
Slover & Loftus has assisted numerous entrepreneurs and diversified companies in establishing new rail carriers through line purchases and leases from larger railroads. The firm’s expertise includes the structure and negotiation of rail line acquisition transactions and contracts, trackage rights arrangements, regulatory approval, labor protection issues, and financing. The firm has extensive experience in railroad and rail asset acquisition due diligence; railroad construction, acquisition, and abandonment proceedings before the Surface Transportation Board; and in Federal Railroad Administration safety and Railroad Retirement Board compliance matters. Slover & Loftus has acted as lead counsel in several landmark regulatory and court cases affecting short line and regional railroad development, including the 1990 Wilmington Terminal case, which clarified the obligations of short line purchasers to a seller’s employees, and the 1995 New England Central case, which established regulatory ground rules for acquisitions of larger properties by new carriers. The firm has represented a variety of barge lines and ocean carriers and has counseled several of the nation’s largest motor carriers on a variety of transportation issues, including, but not limited to, dealings with Class I railroads.