Benjamin H. Vaughan
Ben Vaughan is an officer of the firm and a dedicated champion of the boutique law firm model as a means to provide clients with efficient, best-in-class service. Ben handles consulting and litigation matters for a broad range of stakeholders in the transportation sector, including rail and motor common carriers, third party logistics providers, private and public entities, corporate legal and risk management departments, and individual clients.
On behalf of rail, motor, and multi-modal common carriers and other logistics services providers engaged in the transportation of freight for hire, Ben handles a wide variety of matters arising from regulated and exempt movements of freight. Such matters include enforcing carrier limitations of liability in connection with claims for freight loss and damage under the Carmack Amendment and the Carriage of Goods by Sea Act (“COGSA”); contractual disputes between cargo owners, consignors, consignees, and carriers; preemption and conflict of law issues arising under federal, maritime, and state law; inter-carrier claims; application and collection of demurrage and accessorial charges; U.S. Customs and Border Protection compliance and fine mitigation; and matters of oversight by regulatory agencies such as the Surface Transportation Board. Ben also assists in the preparation and revision of tariffs, operating agreements, and submissions for regulatory approval of operating authorities.
Ben is particularly proud the firm’s capacity to offer the column of contract, risk, insurance, and recovery services required by clients experiencing significant infrastructure, operating, and property-related exposures, particularly in highly-regulated sectors. Ben assists clients in the identification of risk and the negotiation of agreements, including master service agreements, to manage risk and performance obligations. He also assists in pursuing insurance recoveries, enforcing contractual remedies such as defense, indemnity, and insurance commitments, engaging technical experts and coordinating cause evaluations, and when appropriate assists clients in pursuing recovery from responsible third parties. Ben supports the firm’s early incident response services with deep experience in derailment, industrial, and construction incident investigations to facilitate site management, develop response protocols, and engage technical experts.
Ben dedicates a significant portion of his practice to product integrity, strict product liability, and fraudulent practices investigations and litigation. In doing so, Ben takes a waste-not, want-not approach to the development of evidentiary support of litigated cases, approaching each fact as a potential focal point to advocate for his client’s position. Prosecuting civil claims under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act to recover compensatory and statutory damages and attorney’s fees in excess of $500 million, Ben successfully secured critical testimony and documentation evidencing a scheme to sell fraudulently treated railroad ties and to resell counterfeit petroleum products through the use of a shell company. Through precise legal and factual development of the case, Ben was able to successfully defeat the defendants’ motions for summary judgment and secure a commanding position facilitating resolution prior to trial.
In the area of new and developing technologies, Ben assists clients in preparing master and selected services agreements, responding to data storage and network disruptions; and assessing liability issues in connection with emerging products and services.
In addition to his private law practice, Ben is a classically trained violinist and continues to perform regularly with a variety of orchestras, string ensembles, and quartets in the greater Philadelphia area. Ben provides pro bono and general consulting services to non-profit arts and music organizations. He also serves as a board member and Vice President of the Haverford Township Civic Council, an “organization of organizations” dedicated to fostering the growth and viability locally-acting, community-based civic groups in southeastern Pennsylvania.
EDUCATION
Temple University Beasley School of Law, J.D., 2014
Dickinson College, B.A., 2006
CONTACT INFORMATION
Direct Line: 484.416.4969
E-Mail: bvaughan@freightlaw.net
PRACTICE AREAS
- Intermodal Transportation Transactions and Issues