David A. Ferris

David is a commercial attorney with more than 30 years of experience advising clients across a variety of industries. His practice often centers on matters related to transportation, supply chain management, warehousing, and utilities. He also regularly works with clients on land development, zoning and code compliance, industrial leasing, and other real estate-related issues.

David’s work spans both transactional and litigation matters. He assists clients with contract negotiation and drafting, licensing agreements, mergers and acquisitions, and indefeasible rights of use (IRUs). In addition, he has experience in the information technology sector, particularly in areas involving intellectual property and software licensing.

David takes a thoughtful, detail-oriented approach to helping clients navigate legal issues in ways that support their broader business objectives.

• Represented national trade organization and local towing company in federal preemption litigation from initial filing with the U.S. District Court through briefing and oral arguments before the United States Supreme Court. At Supreme Court level, collaborated with larger, local law firm and Richard Cordray in presenting case before the Court.
• Successfully represented multinational injection molding and thermoplastics manufacturer and presented Commerce Clause and federal preemption arguments in removing case to U.S. District Court and securing Class I Carrier rail service across industrial tracks, over attempts by third party industrial park tenant to usurp control of sidetracks and rail service.
• Ongoing representation of a large 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.
• Represented French manufacturer of coffee machines, products, and beverages and led expedited, high-value negotiations for multinational warehousing, fulfillment, and other supply chain services, including EDI and edge solutions, order management and fulfillment, and key performance indicator (KPI) monitoring, across all North American operations.
• Represented large electronics retailer in the analysis and implementation of international consolidation, shipping and fulfillment agreement with Chinese freight forwarder for shipment of goods via container to U.S. fulfillment centers.
• Represented local data center and cloud services provider with respect to all aspects of business, including business formation, real property leases and utility contracts, dark fiber acquisition and indefeasible rights of use, wholesale and end user agreements, vendor contracts, IP licensing agreements, and sale of substantially all assets to nationwide cable provider.
• Ongoing representation of mid-sized refrigerated motor carriers in all matters, including all transactions and litigation, from the start of operations to the 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.
• Ongoing representation of subrogated international insurer in breach of contract claim against large Ohio-based logistics provider for failure to perform brokerage agreement obligations and to comply with federal law, including arguments relating to the Commerce Clause and federal statutes and regulations governing authorized brokers and motor carriers.
• Represented large warehousing operation and multiple affiliates in all aspects of transportation, logistics, and warehousing operations, including development and construction of over 2,000,000 square feet, zoning and compliance with local codes, property damage disputes, and transactions of all types.
• Represented large paper manufacturer with respect to all shipper side rail operations, including 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.

“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, July 2020, pp. 32-34.

“2020 Legal Update: Notable Cases from 2019 and A Few COVID-19 Issues.” In Columbus Logistics Conference (CLC) 2020. Held virtually due to COVID-19 (April 2020).

“Tax Reform Update.” In The Business of Transportation and Logistics – Columbus. Joint presentation in coordination with Schneider Downs, Columbus, OH (May 2018).