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Transportation Brief: Spotlight on Investigations and Audits

Kelli M. Block, Braden K. Core, Gregory M. Feary, A. Jack Finklea, James H. Hanson, Christopher C. McNatt Jr., Steven A. Pletcher, David D. Robinson, Nathaniel G. Saylor, Rebecca S. Trenner

August 25, 2021

While the transportation industry is largely deregulated, a surprising number of federal, state, and local government agencies write and administer a long—and growing—list of rules affecting transportation providers. These agencies regularly inspect for noncompliance, and they have the power to assess civil penalties for violations, place assets “out of service,” or worse.

When the inspectors come calling, it is important to be prepared.

The Firm’s multi-disciplinary Investigations and Audits practice combines a deep knowledge of the regulations impacting transportation providers with experience helping clients navigate the complex web of agencies and enforcement regimes.

Scopelitis can defend your business in a wide range of investigations: Federal Motor Carrier Safety Administration compliance reviews and safety audits; Transportation Security Administration and Federal Aviation Administration inspections concerning air-cargo security and dangerous-goods compliance; Environmental Protection Agency investigations involving violations of California’s Truck and Bus Regulation and Drayage Truck Regulation; Department of Labor wage-and-hour audits; Occupational Safety and Health Administration inspections; Equal Employment Opportunity Commission investigations; and state unemployment audits.

In addition, the Firm regularly defends clients facing investigations beyond those conducted by government agencies, including “premium audits” conducted by insurers, “pension fund” audits for unionized workforces, and “contract audits” conducted by shippers (e.g., for compliance and most-favored-nation clauses).

The Firm’s multi-disciplinary Investigations and Audit practice assists Mergers and Acquisitions partners for due diligence projects. While we primarily employ these skill sets on buyer-side projects, our experience in these areas aids sellers in understanding their strengths and weaknesses as they prepare for sale.

The Firm’s Investigations and Audits team - Greg Feary, Braden Core, Nathaniel Saylor, Chris McNatt, Kelli Block, Jim Hanson, David Robinson, Jack Finklea, Steve Pletcher, and Becky Trenner - can guide you through the regulatory inspection and enforcement process. 

 


Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

 

 
 
 
 
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