We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many common law and contractual causes of action available to transportation contracting parties (shippers, brokers, and carriers), including breach of contract, breach of covenant of good faith, and misappropriation of trade secrets. Also, in many instances, the attorneys’ fees spent to prosecute the claim in litigation may be recoverable. The potential wrongs for which there may be recourse include: double brokering (huge casualty/cargo exposure); back solicitation (your hard-earned customers!); confidentiality clauses (knowledge is an asset); trade secrets/noncompetition/customer lists (most important asset).
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