Zeiler Floyd Zadkovich is a market leader in advising participants at each stage of the logistical supply chain. We represent terminal operators, freight forwarders, liner and ro-ro operators, road and rail carriers, warehouse operators and their insurers.

We combine private practice, in-house and insurance expertise to deliver results to clients on a broad range of issues including transactional, front-end advice, putting projects together, through to handling disputes that may arise from all aspects of the industry.

We have lawyers in all our offices dedicated to providing excellent service to our clients in the logistics and transport industry. Our unique transatlantic offering is testament to our commitment to this area of law. Many clients come to us to handle cases that involve both English and US law, leveraging our dual capability and achieving costs efficiencies.

We understand the complex contractual relations involved in the door-to-door carriage of goods from our experience working closely with our clients, including time spent in-house at a leading insurer of through transport risk.

Multimodal carriage and bills of lading

We regularly advise major shipping container lines, ro-ro operators and freight forwarders in cargo damage claims arising during the sea leg of a multi-modal movement. Such claims often involve pursuing other parties involved in the transportation, such as: terminals; truck operators; shippers; rail companies; agents; shipowners; charterers; and vessel pool managers.

We have an in-depth understanding of the complex terms involved in the sea carriage of goods, including multi-modal bills of lading, alliance agreements and vessel sharing agreements. We have been involved in numerous claims, arbitrations and court litigation where multimodal bills and port-to-port bills have been closely scrutinised and we have assisted clients with drafting the details of the terms or carriage on the reverse of such bills.

We are available on an emergency basis to conduct necessary incident investigations, and maintain close contact with surveyors, engineers and other experts.

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Road Transportation

We regularly act for freight forwarders and road transport operators in relation to loss of cargo whether due to theft, road accident or other incident. We understand the interplay between the road carriage terms, including any applicable conventions like CMR in Europe, the Carmack Amendment in the US, and multi-modal bills of lading and other contracts involved in the carriage of good by road.

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Personal injury defense

Personal injury and wrongful death verdicts have reached all-time highs.

Whether defending against maritime personal injury claims on the water, or injuries suffered in over-the-road accidents, lawyers at Zeiler Floyd Zadkovich have the experience and know-how to investigate the incident, identify critical defenses at an early stage, and protect the interests and assets of our clients. Our attorneys regularly appear in state and federal courts throughout the country, achieving excellent results as efficiently as possible.

We represent transportation and logistics companies involved in injury claims on land. Our clients include carriers, brokers and equipment owners throughout the US. We vigorously defend claims in court, preserve contractual and equitable claims against responsible parties, and assist insurers in analysing the merits to set appropriate reserves. We are currently working on some very high profile wrongful death and injury logistics and trucking accidents.

Our lawyers also stand ready to respond to maritime incidents, preserving critical evidence, interviewing witnesses and assisting with US Coast Guard investigations. We defend clients in court cases involving Jones Act and LHWCA 905(b) claims, and injury and death actions resulting from vessel accidents.

Relying on industry experience and legal expertise, we are proud to serve as the “go to” lawyers for P&I Clubs, insurance companies and companies that serve the maritime and transportation industries.

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Ports and Terminals

We have a long history of acting for terminal operators in relation to incidents, claims and disputes together with support on contract drafting and projects.

We have particular experience of representing ports in emergency situations. For example we have acted for ports and insurers on numerous occasions where damage has been caused to a terminal’s property, e.g. jetties or equipment, by an allision by a ship. We have also supported terminals in incidents involving fatalities and injuries e.g. fire at storage facilities. We are set up to act quickly in an emergency situations, to manage the various interested parties, including technical experts, insurers, investigatory bodies and counterparts, and to ensure we are well placed to fully investigate the circumstances and gather, protect and preserve all relevant evidence as a priority. We have also acted for ports in claims against them by ship operators for damage to ships or cargo during operations or as a result of faulty stowage.

We assist port and terminals in drafting their general terms and conditions, conditions of use and other contractual documents required to ensure they are not exposed to unreasonable risk in performing their business.

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Enforcement Actions

A successful claim means an actual return. Not just the paper an award is written on.

Across our office jurisdictions and working closely with our local network, we act swiftly, accurately and where necessary, assertively to secure our client’s position. We are recognised as market-leading experts in US security actions, including enforcement actions against ‘alter-ego’ defendants by piercing the corporate veil.

Our security actions involve vessel arrests, asserting liens over cargo, sub-freights and sub-hires, securing attachments over business receivables or attaching other assets belonging to the defendant. We frequently do so in the backdrop of insolvency, including actions to unwind potentially fraudulent transfers and to trace funds so that our clients can make a full recovery.

Obtaining security requires a blend of creativity and forensic study. We combine these attributes to enforce claims and turn judgments into money.

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Calum Cheyne
Partner - London
Edward W. Floyd
Partner - New York
Joseph Johnson
Partner - New York
Timothy S. McGovern
Partner - Chicago
Damon Thompson
Partner - London
Luke Zadkovich
Partner - New York, London, Sydney
Lukas Wieser
Counsel - Vienna
Miguel Caballero
Senior Associate - London
Ondrej Cech
Senior Associate - Vienna
Thomas Herbst
Senior Associate - Vienna
Eva-Maria Mayer
Senior Associate - New York
Philip Vagin
Senior Associate - London
Aiden Lerch
Associate - London, Sydney
Lucy Noble
Associate - London
  • Assessing criminal and civil options, and coordinating an asset seizure search and attach strategy in Mexico for a major case for shipowners pursuing a Chinese mining conglomerate in Mexico. The underlying case involved allegations of cartel cooperation and fraudulent dissipation of assets (USD 2.5 million).

  • Representation of a Southern European logistics company in Vienna-seated arbitration proceedings and settlement negotiations against a German service provider (VIAC).

  • Representation of an international cash handling company in the proceedings against company’s former managing director regarding the lawfulness of his employment termination for cause (Austrian employment courts).

  • Representation of a Lithuanian transport company in a debt collection case against an Austrian transport agency.

  • Advising a German multinational freight company with regard to the implementation of employee programmes and the statutorily applicable collective bargaining agreement

  • Ongoing employment law support of a multinational logistics company, including redundancies and employee data protection.

  • Representing a manging director of a municipal transport service company on the renewal of his appointment toward the company.

  • Assisting a German airline specialized in charter and medical repatriation flights with regard to contractual relationship with their pilots and medical crew.

  • Assessing the laws on lifting the corporate veil on companies in Mexico for a major shipping demurrage case, where the underlying cargo interests were not in a position to accept delivery and the vessel carrying crude ended up waiting for months before discharge could occur (USD 3+ million).

  • Representation of client insurance company in the Eastern District of Wisconsin regarding damages to a cargo of food products carried from California.

  • Representation of a Central European state in an investment arbitration under the UNCITRAL Rules against a German natural person claiming violation of his/her rights by a court decision on squeeze-out (USD 100 million, PCA).

  • Representation of cargo interest in claims for cargo damage caused by collapse of warehouse. Won key motion for sanctions and defeated the warehouse’s motion for summary judgment to enforce a limitation of liability.

  • Representation of a Spanish airline in the court proceedings against an employee challenging his notice of termination (Austrian courts, including Austrian Supreme Court).

  • Advising Mexican subsidiary of a major Austrian group in the oil drilling industry on its day-to-day corporate and employment issues, including the drafting and reviewing of master sales agreements that contain provisions stipulating specific timeframes and transportation information for delivery and return of rental equipment, as well as other complex commercial contracts.

  • Representation of client aircraft manufacturer in defense of asbestos related lawsuit for personal injuries resulting from asbestos exposure during maintenance and repair. Upon removal to federal court, plaintiff’s motion to remand was denied.

  • Representation of a Singaporean shipping company with its main seat of business in London in enforcement and recognition of foreign award proceedings (USD 5.7 million, Mexican courts).

    Super Lawyers 2021

    • Zeiler Floyd Zadkovich
      Tier 3 Firm in Transport: Shipping - Litigation and regulation
      “[T]he team is noted for its ability to advise on US and UK law, working in conjunction with its counterpart in the firm’s London office.  The firm is led by name partners Luke Zadkovich and Edward Floyd: Zadkovich has previous experience working at a major P&I Club…”
    • Zeiler Floyd Zadkovich
      Tier 3 Firm in Transport: Shipping - Litigation and regulation
      “From its base in New York, the team has expanded quickly over the past couple of years, having opened an office in Chicago with the hire of Timothy McGovern from Swanson, Martin & Bell; and then establishing an office in Houston in 2020. In addition to its expansion across the US, the team is noted for its ability to advise on US and UK law [...]"

    Chambers & Partners USA 2020

    • Zeiler Floyd Zadkovich
      Ranked firm (Band 3 - US Nationwide Shipping/Maritime)
      “A boutique firm with specialist expertise in maritime and admiralty law… Stands out in the market for its combined focus on English and US maritime logistics and trading cases.” Notable practitioner – Ed Floyd and Luke Zadkovich

    Super Lawyers 2022

  • Achilleas’ Heel | Case by Case (Ep. 54)

    Achilleas’ Heel | Case by Case (Ep. 54)

    Late redelivery of a vessel at the end of time charter. What damages are recoverable? Surely that is settled – following the Achilleas principles… Second limb of Hadley… Special circumstances known prior to fixing, and all that…

  • Liens and losses | Case by Case (Ep. 51)

    Liens and losses | Case by Case (Ep. 51)

    This time, Luke and Calum discuss English Commercial Court case Trafigura v TKK Shipping [2023] EWHC 26 (Comm)!
    The question is all about what “goods lost or damaged” means in the Article IV, rule 5(a) of the Hague-Visby Rules.
    Does ‘damage’ mean physical damage ONLY? Or does it include damage through the operation of a lien over the cargo – ie. financial type damage?
  • Shipping Bulletin | Fall Edition, December 2022
  • Sugar Rush | Case by Case (Ep. 50)

    Sugar Rush | Case by Case (Ep. 50)

    Episode 50! What an exciting milestone. We hope you, our valued listeners, enjoy this third case in our trilogy of lookback cases. We’ve been analysing a few old cases to coincide with Luke’s launch of the inaugural International Commodities and Shipping Law at UoW.
    This week looks back at Compagnie Commerciale Sucres et Denrees v C Czarnikow Ltd [1990] UKHL J1011-2.
  • Condition, innominate or will-o’-the wisp? | Case by Case (Ep. 49)

    Condition, innominate or will-o’-the wisp? | Case by Case (Ep. 49)

    In this second of their trilogy of ‘look-back’ cases, Luke and Calum explore the salient case of Bunge Corporation (New York) v Tradax Export SA (Panama) [1981] APP.L.R. 02/25.
    Ever wondered why time-based delivery clauses in a commodities sale and purchase contract are (typically) considered to be conditions?
    Ever wondered what is an innominate term?
    Ever wondered how to tell the difference between a condition and an innominate term?
    Ever wondered what is a ‘will-o’-the-wisp’?
    Listen in for answers and check out our ⁠YouTube channel.
  • Mash’s Potatoes | Case by Case (Ep. 48)

    Mash’s Potatoes | Case by Case (Ep. 48)

    As Luke prepares to launch the International Shipping and Commodities intensive law course at the University of Wollongong in a couple of weeks, he’s had cause to look back at some leading cases.
    Back to the 1960s. The Beatles, Civil Rights activism, flares, and… Mash & Murrell Ltd. v Joseph I. Emmanuel, Ltd. [1961].
    Some law doesn’t stand the test of time (much like poorly ventilated potatoes crossing an ocean). Some law does, as we discuss in this pod. For more, check out our ⁠YouTube channel.
  • Be careful what you word for | Case by Case (Ep. 45)

    Be careful what you word for | Case by Case (Ep. 45)

    This week Luke and Calum discuss demurrage claims and time bars in a recent SMA case Stolt Tankers BV v. Stryker Fuels LLC (MT “MONAX”) – SMA No. 4449, 4 August 2022.
    How many times are we going to say that the specific words chosen in a contractual clause are important?!
  • Within the four corners of FM | Case by Case (Ep. 44)

    Within the four corners of FM | Case by Case (Ep. 44)

    In this episode, Luke and Calum discuss the English Court of Appeal decision MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 (27 October 2022) handed down by Lord Justice Males.
    Big takeaways for drafting FM clauses moving forward. Check out our YouTube channel for the podcast video: Case by Case Podcast – YouTube
  • COGSA in a land downunder | Case by Case (Ep. 43)

    COGSA in a land downunder | Case by Case (Ep. 43)

    (Better if you sing that title to hear the rhyme. Get it?)
    Indeed Luke asked Leo Rees-Murphy and Calum Cheyne to sing us in, but alas. Jokes aside, this is one for you cargo liability lovers at P&I Clubs, commercial cargo insurers, shipowners or commodity traders/cargo interests.
  • The Miracle Hope | Case by Case (Ep. 42)

    The Miracle Hope | Case by Case (Ep. 42)

    A bumper episode on one of Luke’s favourite topics: misdelivery claims. Why? Without wishing to sound too nostalgic – it was over such a claim that he met co-founding partner, Edward Floyd.
    An hour’s worth of detailed analysis. Context, dynamics and specific issues are all explored. For more, check out our YouTube channel.