Alexander C. Karcher

Alex specializes in advising companies involved in surface transportation within North America. 

Truck companies, freight brokers, manufacturers and shippers depend on Alex’s services to ensure compliance with the Federal Motor Carrier Safety Regulations (as well as state equivalent regulations). They also seek his representation in Department of Transportation (“DOT”) safety audits, as well as his assistance with mock audit services, safety training, contract drafting, and corporate governance. In addition, clients frequently turn to Alex to handle their commercial disputes in state and federal courts nationwide. 

Moreover, when clients are involved in merger and acquisition activities, they often entrust Alex to serve as DOT special counsel for due diligence purposes.

In addition to his legal services, Alex also oversees fleet administration and brokerage licenses for over 275 companies across the country. He diligently obtains and administers the necessary permits and registrations to ensure operational integrity for these companies. This includes obtaining intra- and inter- state operating authorities, providing vehicle titling and registration services, administering IFTA, IRP and state-specific fuel and highway use accounts, overseeing UCR, PUCO, intrastate and Federal and Uniform Hazmat Alliance renewals, and filing 2290 heavy vehicle use taxes, to name a few.
 

Experience

Audit Representation and Administrative Agencies

• Assisted a multi-national oil well drilling company to avoid a preliminary “Out of Service” order, successfully obtaining reinstatement of client’s safety rating to a “Satisfactory” rating
• Represented a regional towing company in a DOT audit and prepared a Corrective Action Plan that completely mitigated over $20,000.00 in financial penalties that were assessed because of the audit
• Represented a hazmat hauler in administrative proceedings before the Public Utilities Commission of Ohio, resulting in a pre-hearing resolution and 60% reduction in the five-figure assessment value
• Resolved several Notices of Apparent Violation assessed against a multi-national manufacturer of batteries, alleging improper load securement of hazardous materials in appearance before the Public Utilities Commission of Ohio

Nationwide Safety Consulting Services

• Provided emergent mock safety audit intervention services to a national motor carrier following a triple fatality, preparing them for subsequent DOT audit intervention
• Consulted with a fuel and propane hauler overseeing the creation of a comprehensive safety and compliance program following a tanker explosion 
• Provided a driver and fleet safety supervisor workshop on DOT compliance, covering Hours of Service and ELD compliance, Driver Qualification, Recordkeeping, Pre and Post-Trip Inspections, and FMCSA Audit response to an environmental services company with a private fleet of approximately thirty commercial motor vehicles

Verdicts & Settlements

• Defended a Truth in Leasing Act class action against a motor carrier that relied heavily on owner operators, resolving the case pre-class certification and for pennies on the claim
• Pursued a breach of contract and Moving Ahead for Progress in the 21st Century (“MAP-21”) claim against a bad-actor motor carrier who unlawfully and fraudulently brokered freight, receiving an arbitration award of nearly $100,000
• Prosecuted a Carmack Amendment claim, obtaining favorable recovery for a shipper/manufacturer whose product was damaged in transport, overcoming a possible tariff-based limitation of liability that would have capped client’s five-figure recovery to $300
• Defended a replevin action, including successfully defeating an attempt for a Temporary Order of Possession during contested hearing, as well as securing a judgment in favor of client on its counterclaim at trial
• Favorably settled a $12mm breach of contract claim between a freight broker and motor carrier alleging violations of a non-solicit and non-compete agreement
• Defeated a motion for preliminary injunction alleging that a broker client had unlawfully hired an agent that was tied to a competing freight broker’s non-compete agreement
• Obtained a six-figure judgment against the State of Ohio Department of Transportation for damages caused to client’s power unit by a state snowplow driver 
• Secured judgment and collected $250,000 in unpaid freight charges against a national freight broker 
• Resolved a $500,000 freight overcharge claim brought by a large shipper against a motor carrier, including leveraging the time-limitation of 49 U.S.C. §§ 13710 and 14705
• Successfully negotiated a pre-arbitration settlement in a franchisor-franchisee dispute, which included a complete release of client’s obligations under a post-termination non-compete provision

Authority, Licensure, and Corporate Reorganization/Optimization Work

• Counseled and obtained FMCSA and state-specific authorities nationwide to establish a private fleet for a leading manufacturer and retailer of fertilizer, lawn care, and lawn maintenance products
• Coordinated with known relationships at the Federal Motor Carrier Safety Administration to immediately reinstate a client’s motor carrier authority after a disgruntled employee processed a revocation of that authority, reversing the former employee’s actions within a matter of hours
• Facilitated the corporate reorganization of a 90+ year old SE Ohio machinery and trucking company, including tax-free transfer of approximately 400 vehicle titles and registrations to a newly-established holding company for risk mitigation purposes
• Conversion of 25+ trucking fleets to “for hire carriers” for sales tax purposes, producing hundreds of thousands of dollars in tax savings for clients based in Ohio and similarly-governed states throughout the country
• Provided DOT special counsel due diligence services on a $900mm transaction involving greenhouse operation with a large direct-to-retailer fleet of vehicles 
• Conducted due diligence and assisted a Columbus-based freight brokerage in acquiring an asset-based motor carrier

Tow Disputes

• Represented a national LTL motor carrier and freight expeditor in a load-hostage dispute, securing same-day release of a time sensitive shipment of pharmaceutical cargo, valued at several million dollars
• Negotiated 60% reduction of tow bill against New Jersey tow company who sought to extort client for inappropriate dispatch of additional equipment and manpower, securing release of client equipment within days

Services

• Transportation & Logistics
• Transportation Regulatory Compliance
• Transportation Contract Review
• Transportation Litigation
• Complex Business & Commercial Litigation
• Employment Litigation
• Corporate Governance
• Mergers & Acquisitions

Industries

• Transportation & Logistics

1. The Ohio State University, Moritz College of Law, J.D.
   • Degree Certificate Recipient, Moritz College of Law Alternative Dispute Resolution Program
   • The Ohio State University Journal of Criminal Law, Staff Editor
   • Public Service Fellow
   • The Supreme Court of Ohio and Ohio Legal Assistance Foundation Award Recipient
   • Research Assistant to Dean Nancy H. Rogers, Divided Community Project
   • Ohio Supreme Court Certified Mediator
   • President, Moritz College of Law Truancy Mediation Project
      
2. Carthage College, B.A., History
   • cum laude

Bar Admissions

1. Ohio
2. Wisconsin

Court Admissions

1. U.S. Court of Appeals, Sixth Circuit
2. U.S. District Court, Northern District of Ohio
3. U.S. District Court, Southern District of Ohio
4. U.S. District Court, Western District of Michigan
5. U.S. District Court, Eastern District of Michigan

Certifications

• Mediation Certification, Ohio Supreme Court

• Nomination and Graduate of the Ohio Trucking Association Emerge OTA Leadership Program (2020-2021)
• Selected to Best Lawyers: Ones to Watch for Transportation Law (2024)
• Central Ohio's Top Lawyers, Columbus CEO Magazine (2022, 2023)
• Selected as an "Ohio Super Lawyers - Rising Star" by Ohio Super Lawyers magazine (2024)

Professional Affiliations

• The Ohio Trucking Association,
  • Safety Council, Member & Immediate Past Chair
  • Board of Trustees, Immediate Past Representative 
• The Transportation Lawyers Association
  • Co-Chair, New and Young Lawyers Committee
  • Diversity Equity & Inclusion Committee
• Conference of Freight Counsel, Member
• Toledo Bar Association, Member