Mr. Andrews represents and assists major domestic and international transportation and logistics service providers on a wide variety of business, regulatory and judicial matters. He has extensive experience in negotiating and drafting complex nationwide and international logistics and supply chain management contracts. Mark also serves transportation providers and customers of all sizes, acting as an adviser and advocate on federal preemption issues, transportation mergers and acquisitions, transportation safety regulation, cargo loss and damage claims, and international transportation issues. Working closely with the Firm’s international practice team, Mark also is bringing his supply-chain perspective to bear on international trade compliance matters.  Mark serves as Partner-In-Charge of Strasburger’s Washington, D.C. office, and as a co-leader of the firm’s transportation/logistics practice.  He is an elected member of the American Law Institute.

REPRESENTATIVE EXPERIENCE

(Clients Identified in Boldface)

A history-making strategic alliance between a major automobile manufacturer and Con-way Inc., under which a jointly-owned entity known as Vector SCM, LLC served as the fourth-party logistics manager for the manufacturer’s worldwide movements of parts and finished vehicles until Con-way’s ownership interest recently was bought out by the manufacturer.

A third-party logistics (3PL) agreement between a Philadelphia-based forwarder and transportation broker and a major importer of plasma video monitors, under which the forwarder/broker expanded into dedicated warehouse management for the first time.

Lead logistics provider agreements between parties as diverse as an elevator manufacturer with a truckload motor carrier, a nationwide office-supply cooperative with a dedicated truck fleet operator, and a multinational manufacturer of medical devices with an international freight forwarder.

Ocean freight service contracts between the same medical device manufacturer and three major trans-Pacific ocean carriers.

A “reverse logistics” agreement for use by a Houston-based 3PL provider in structuring the disposal of defective and unsold alcoholic beverages (many of them imported) in accordance with applicable Customs, environmental and excise-tax regulations.

Represented a multimodal transportation holding company in bringing a multistate unclaimed property audit to closure, by demonstrating that Federal law preempted auditors’ efforts to collect freight overpayments and that the auditors’ other information demands were redundant or internally inconsistent.

Currently advising a trans-Pacific 3PL and a major railroad on federal preemption and Constitutional defenses to state unclaimed property audits.

Represented a Canadian motor carrier in obtaining refunds of penalties paid to U.S. Customs Service for alleged “cabotage” violations (use of Canada-based trucks to haul U.S. domestic shipments) when the involved truck operations would have been legal after a subsequent change in cabotage rules.

Represented providers of “customer pack/carrier haul” services in defeating proposals for additional regulation by the Surface Transportation Board (STB) and the Federal Motor Carrier Safety Administration (FMCSA).

As part of an International practice team effort, Mark was instrumental in drafting “voluntary disclosures” by which a high-tech company based in Texas avoided large potential penalty exposures for inadvertently violating the import/export regulations of three different Federal agencies.

Assisted a major less-than-truckload (LTL) motor carrier in expedited start-up of multiple new affiliates for logistics management, air cargo, Canadian service and expedited ground service, including all licensing plus drafting/review of contract forms.

Spearheaded due diligence on FMCSA, export and import compliance matters in connection with the same LTL carrier’s acquisition of a large truckload carrier with operations in Mexico.

Advised two major 3PL providers on avoiding penalty exposures under the State Department’s International Traffic in Arms Regulations (ITAR).

Currently advising a major household goods carrier on regulatory defenses to an antitrust class action alleging excessive fuel surcharges by the moving industry.

Currently advising a multinational 3PL on how to avoid being regulated as a “railroad” in connection with its incidental rail car switching operations within large industrial complexes in Texas.

Currently assisting a major specialized truckload motor carrier in drafting interline agreements with Mexican motor carriers.

PUBLICATIONS AND PRESENTATIONS

Mark has prepared and presented in-house seminars for major clients on U.S. Customs requirements applicable to motor carriers, and on the regulatory changes made by significant Federal transportation legislation. Other presentations include:

Chairing panels on federal preemption developments at the Transportation Law Institute in 2007 and 2008.

Appointed as over-all program chair for Transportation Law Institute in 2009.

An Overview of Limitations on “Freedom of Contract” in Transportation – Presented to Transportation Lawyers Association (TLA) Annual Conference, May 2007.

A Multitude of Sins: Freight Forwarder Definitions and Duties Under Current U.S. Laws on Regulatory Licensing, Cargo Liability and Export Controls – Presented to Canadian Transport Lawyers’ Association (CTLA) Annual Meeting, September 2006.

Export Controls, Economic Embargoes and Other Exotica of International Trade Regulation: Why Forwarders and Carriers Should Care – published in “TheTransportation Lawyer” (TLA newsletter), February 2006.

Guest instructor/lecturer on logistics – Sturm College of Law, University of Denver, 2005 and 2007-09.

Chair of panel on logistics impacts of Radio Frequency Identification (RFID) and similar technologies at Transportation Law Institute, 2004.

Paradox as Paradigm: Logistics Impacts of the “Bioterror” Rules Issued by the U.S. Food and Drug Administration – Summary and update on the inconsistent requirements of FDA and U.S. Customs for prior notice of imports of food and other products – Presented to CTLA, 2003.

Logistics, Strategic Alliances and Dealmaking: Walking Humbly Along the Leading Edge – Observations on negotiating strategic alliances such as the Vector SCM transaction – Presented to Transportation Law Institute, 2001.

IN THE NEWS

Let's Borrow a Deal, by William Hoffman, Associate Editor, TrafficWorld, September 10, 2007

SELECTED ACCOMPLISHMENTS

During the last "hard market" for transportation insurance, Mark was instrumental in persuading Federal regulators to allow self-insurance by motor carriers meeting strict financial requirements.

During 30 years of practice in Washington, D.C., Mark has prepared and delivered regulatory and federal preemption opinions required for closing of transportation mergers and acquisitions worth several billion dollars, including obtaining necessary regulatory approvals for those transactions. Examples include such groundbreaking intermodal acquisitions as CNF/Emery Worldwide and Union Pacific Corporation/Overnite Transportation Company.

Immediately upon being elected to the American Law Institute, Mark took part in the Members' Consultative Group for the first major rewrite in thirty years of Article 7 of the Uniform Commercial Code (dealing with bills of lading, warehouse receipts and other documents of title to goods). Through floor motions accepted by the Reporters for this project, Mark ensured that the revised "UCC-7" will recognize the increasingly important role played by long-term carriage and storage agreements in modern-day transportation and warehousing.

PROFESSIONAL AFFILIATIONS

Admitted to practice in District of Columbia and before the following courts and agencies:
United States Courts of Appeals for the District of Columbia, Federal, Fifth and Eleventh Circuits
United States Supreme Court
United States Court of Federal Claims
Federal Maritime Commission
Surface Transportation Board

Memberships include:
American Law Institute – Elected 2001
American Bar Association, Section of International Law – founding member of new International Transportation Committee, February, 2005; Committee Co-Chair, 2008–
Association of Transportation Law Professionals
Canadian Transport Lawyers’ Association
Conference of Freight Counsel
The District of Columbia Bar
Transportation Lawyers Association – Recipient of Distinguished Service Award, 1985; President, 1992-1993; Voting member of Executive Committee, 1986-1999, 2003-2005; Recipient of Lifetime Achievement Award, 2005

COMMUNITY INVOLVEMENT

Harvard Club of Washington, D.C. (member)
Cultural Institute of Mexico, Washington, D.C. (member)
The Embassy Series, Washington, D.C. (member)
The Potomac Conservancy (member and project volunteer)  

EDUCATION

Harvard Law School, J.D. 1969
Harvard University, A.B. (cum laude) 1966