- Salmon P. Chase College of Law at Northern Kentucky University, J.D., 2008
- Xavier University Williams College of Business, B.S., 2002
Bar & Court Admissions
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the Northern District of Illinois
- Admitted to practice law only in the states listed above.
- The Honorable Charles J. Kubicki, Jr., Hamilton County Court of Common Pleas, 2005-2009
Jay is a partner in the Vorys Cincinnati office and is a member of the firm’s litigation and transportation & logistics groups. His practice is focused on business and commercial litigation with specific experience in all aspects of transportation law. Jay also has considerable transactional experience in the transportation industry. As part of his practice, Jay regularly reviews, drafts, and revises transportation contracts on behalf of the firm’s shipper, broker, freight forwarder and vendor clients.
Jay frequently counsels brokers and intermediaries in the transportation industry on a variety of matters, including how to avoid and/or mitigate the fundamental risks associated with the transportation and logistics industry. Jay has experience in all aspects of transportation law including the Carmack Amendment; defending and subrogating cargo damage claims; vicarious liability for shippers and brokers; negligent hiring of carriers; MAP-21 regulations and compliance; CARB compliance and enforcement defense; Food Safety Modernization Act (“FSMA”) compliance; Electronic Logging Device (“ELD”) Mandate obligations and compliance; drafting, advising and enforcement of employment agreements; drafting and enforcement of employment policies; misappropriation of trade secrets; breach of contract and negligence claims; risk analysis and review of insurance coverages and litigation of claims; and collections.
His notable experience includes:
- Drafting, negotiation, and revision of master transportation agreements, master services agreements, international shipping contracts, shipper-carrier contracts, broker-carrier contracts, broker-shipper contracts, warehouseman contracts, trailer interchange agreements, and global services agreements for logistics companies
- Drafting International Transportation Service Agreement and accompanying rate sheets for major motor vehicle manufacturer
- Drafting International Master Transportation Agreement for Fortune 500 retailer
- Successful negotiation of a wage and hour collective action brought on behalf of employees of a logistics company
- Development of ELD Mandate and CARB compliance certification documents and assistance in implementation of policies for logistics companies
- Development of software licensing agreements and mobile web applications related to transportation management systems
- Enforcement of non-disclosure agreements protecting confidential information related to transportation management systems
- Successfully enforcing non-compete agreements by obtaining temporary restraining orders and preliminary injunctions
- Successfully enforcing and defending non-solicitation agreements
- Securing the dismissal of subrogation claims brought by a national insurance company against a 3PL provider under the Carmack Amendment
- Successfully negotiating a half million dollar recovery for a logistics company from a shipper for a breach of contract claim
- Successfully negotiating over 3 million dollars in settlement payments for 3PL providers from customers, carriers, and competing 3PL providers for breach of contract and negligence claims
Jay has presented on issues regarding risks inherent in the transportation and logistics industry, including customer contract negotiation, audits, vicarious liability, negligent hiring of carriers, the Carmack Amendment, CARB, FSMA, and the ELD Mandate.
Jay received his J.D. from the Northern Kentucky University Salmon P. Chase College of Law. He received his B.S.B.A. from Xavier University.
Jay served as a law clerk for the Honorable Charles J. Kubicki, Jr. of the Hamilton County Court of Common Pleas.
Professional and Community Activities
- Transportation Intermediaries Association, Member
- Transportation Intermediaries Association, Education Committee
- Transportation and Logistics Council, Member
- Cincinnati Bar Association
- Chase Alumni Association
- 3/4/2013U.S. District Court for the Northern District of Georgia Judge Thomas W. Thrash, Jr. recently granted a motion to dismiss qui tam claims from two relators who alleged that Lockheed Martin violated the False Claims Act by inflating the reported number of hours its employees worked on government contracts.