1. Paul J. Kozacky pkozacky@kozacky.com KOZACKY & WEITZEL, P.C. Chicago, Illinois 39 th Annual Transportation and Logistics Counsel Conference

2. Document your due diligence. Why? Because if it’s not written down, it didn’t happen.

3. They said what?!? Expert A: “She believed that, for this load, [defendant] was acting as a motor carrier with respect to dispatch, management and supervision of the load.” Expert B: “He opined that [defendant] acted as a broker in this case, noting that [defendant]’s special instructions and fines were not unusual in the industry.”

4. Visit your carriers or brokers in person DOCUMENT YOUR DUE DILIGENCE

5. Review your carriers and brokers’ insurance policies, not just their insurance certificates DOCUMENT YOUR DUE DILIGENCE

6. Review the FMCSA’s BASIC safety statistics DOCUMENT YOUR DUE DILIGENCE

7. Have you had a dispute with your carrier or broker during your course of dealing with it? DOCUMENT YOUR PROTEST

8. WRITE IT DOWN Because contracts—like stitches—ought to be clean