David A. Ferris
Counsel
For more than 30 years, David has represented commercial clients with respect to transportation, supply chain management, and warehousing. He represents manufacturers, warehouse operators, carriers, third-party logistics providers, and trade organizations in various matters including supply chain management and fulfillment services, edge solutions and licensing, cargo claims (Carmack, Hague Rules, and COGSA), independent contractor classification and litigation, and regulatory matters of all types at all levels, including before the Public Utilities Commission of Ohio (PUCO) and Federal Motor Carrier Safety Administration (FMCSA).
David’s experience before PUCO involves various utility and information technology (IT) providers, including data centers and ISPs, telephone companies (both TDM and VoIP), and private water and sewer companies (manufactured housing developments and planned communities). From a regulatory standpoint, experience includes formation and corporate organization, supplier contracts and licenses, and both wholesale and end user agreements.
In addition, David is engaged in the construction industry, including projects, transactions and litigation involving land development, zoning, codes and ordinances, build-to-suit contracts, indefeasible rights of use (IRUs), utility and infrastructure installation, and the purchase, transportation, delivery, and rigging of heavy equipment and machinery.
Education & Admissions
Education
- Miami University
(B.A., 1989)
- Capital University Law School
(J.D., 1992)
Admissions
- State of Ohio
- U.S. Supreme Court
- Supreme Court of Ohio – Ohio courts and administrative agencies
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Southern District of Ohio
- U.S. District Court, Northern District of Ohio
- U.S. Court of International Trade
Experience
REPRESENTATIVE EXPERIENCE
- Representing a manufacturer of glassware in a variety of transactions and litigation, including supply chain management, transportation and other logistics transactions, litigation with service vendors, warehousing agreements and litigation, litigation relating to construction and maintenance of manufacturing facilities, and defense of wrongful death and personal injury claims.
- Representing a large-scale construction, demolition, and reclamation company and its affiliates, with respect to motor carrier, labor, and regulatory matters throughout Ohio and in the tristate area.
- Representing a real property management company in all Ohio matters, including representation of manufactured housing community in litigation over improper construction and installation of community-wide water and sewer service, as well as corresponding damages to other below-grade utility services located throughout the community.
- Representing a refrigerated motor carrier in all transactions and litigation, from start of operations to present. Representative matters include litigation with federal administrative agency up to U.S. Court of Appeals for the 6th Circuit, representation with respect to all independent contractor dealings, and vendor contracts, disputes, and litigation.
- Representing various parties in multiple, independent cargo claims and transportation-related contract litigation, including Carmack Amendment, Hague Rules, and COGSA claims for damage, loss, and theft of freight, as well as disputes over freight charges, demurrage, and detention.
- Represented a multinational food and drink processing conglomerate corporation by leading accelerated, high-value negotiations for warehousing, fulfillment, and other supply chain services, including EDI and edge solutions, order management and fulfillment, and key performance indicator monitoring across all North American operations.
- Represented the largest and oldest Ohio towing association in federal preemption litigation from initial filing with U.S. District Court through briefing and oral arguments before the U.S. Supreme Court.
- Represented a provider of national supply chain and warehousing services and multiple affiliates in all aspects of transportation, logistics, and warehousing operations, including development and construction of over two million square feet, transactions of all types, zoning and compliance with local codes, and property damage disputes.
- Represented a large manufacturing company with respect to all transportation-related matters, including shipper siderail operations, transportation contracts, tariffs and discounts, sidetrack and storage agreements, hazardous materials and other environmental claims, as well as cargo claims, and disputes over demurrage and detention.
Publications & Presentations
Publications
- “State Back-To-Work Orders and the Impact of COVID-19 Policies and Safety Precautions on Worker Classification: How Much is Too Much When it Comes to Owner-Operators?” The Transportation Lawyer, vol. 22, no. 1, pp. 32-34 (July 2020)
Presentations
- “2020 Legal Update: Notable Cases from 2019 and a Few COVID-19 Issues,” Columbus Logistics Conference (April 2020)
- “Tax Reform Update,” The Business of Transportation and Logistics (May 2018)
Involvement
PROFESSIONAL AFFILIATIONS
- Ohio State Bar Association
- Columbus Bar Association
- Transportation Lawyers Association
- Ohio Trucking Association
- Specialized Carriers & Rigging Association
- Council of Supply Chain Management Professionals
COMMUNITY INVOLVEMENT
- Arch City Rowing Club, Inc. (Volunteer Director and Head Coach)
- Westerville Rowing Club, Inc. (Former Volunteer Coach)