News
PREDATORY TOWING
Presented by: John Dempsey and Martin Cain
On June 27, 2025, John Dempsey and Martin Cain presented the 2025 Moseley Marcinak Lunchtime Webinar Series: Predatory Towing. John and Martin presented on issues related to predatory towing practices and strategies to combat the same.
You can request to watch the recording of this webinar by clicking here.
tort reform: Georgia sb 68 and 69 may 16, 2025
Presented by: Blair Cash
On May 16, 2025, Blair Cash gave a special installment of Moseley Marcinak’s Lunchtime Webinar Series. In this presentation, Blair talked about SB 68 and 69, recently signed into law by Georgia Governor Brian Kemp.
You can request to watch the recording of this webinar by clicking here.
You can request a copy of the Powerpoint Presentation slides by clicking here.
COVERAGE UPDATES SEPTEMBER 13, 2024
Presented by: Robert “Rocky” C. Rogers and Blair Cash
Rocky Rogers and Blair Cash presented the fourth installment of the 2024 Moseley Marcinak Lunchtime Webinar Series. On September 13, 2024, they presented on issues related to insurance coverage in the transportation industry.
You can request to watch the recording of this webinar by clicking here.
You can request a copy of the Powerpoint Presentation slides by clicking here.
Greenville, SC – September 9, 2024 – Moseley Marcinak Law Group LLP is pleased to announce the addition of Chris Wray to its accomplished team of attorneys. Chris joins the firm with a focus on assisting clients in various transportation litigation matters, drawing from a strong foundation in civil litigation and insurance defense.
Before joining Moseley Marcinak, Chris served as a law clerk to the Honorable Judge Letitia H. Verdin in South Carolina’s Thirteenth Judicial Circuit. His legal career also includes serving as a research editor for the South Carolina Law Review Journal during his time at law school.
Chris holds a Juris Doctor degree, cum laude, from the University of South Carolina School of Law and a Bachelor of Arts in Accounting and Economics from Wofford College.
"We are excited to have Chris Wray on board," said Rob Moseley, founding partner of Moseley Marcinak Law Group LLP. "His background in civil litigation and insurance defense strengthens our team, and we are confident he will make a significant contribution to serving our clients."
Outside the office, Chris enjoys spending time with his wife, Christina, and supporting the South Carolina Gamecocks and Wofford Terriers.
About Moseley Marcinak Law Group LLP
Moseley Marcinak Law Group LLP is a distinguished transportation and logistics law firm headquartered in Greenville, South Carolina, with additional offices in metro Atlanta and Savannah. Led by nationally recognized founding partners Rob Moseley and Fredric Marcinak, the firm has decades of experience representing clients in all aspects of transportation and logistics law.
The firm’s areas of focus include litigation arising from catastrophic accidents, national counsel representation for insurance companies, and motor carriers facing active litigation across multiple states. Beyond litigation, Moseley Marcinak Law Group LLP assists clients in risk mitigation, regulatory compliance, and provides general counsel services.
As an AV-rated law firm, Moseley Marcinak Law Group LLP remains active in transportation and logistics organizations, frequently contributing as speakers on industry-relevant topics.
For more information about Moseley Marcinak Law Group LLP, please visit www.momarlaw.com.
Fredric Marcinak, a founding partner of Moseley Marcinak Law Group, has been elected chairman of the Conference of Freight Counsel (CFC). He took over the role in July, beginning a two-year term. The CFC is a prestigious association of attorneys from the United States, Mexico, and Canada representing motor, rail, ocean, and air freight carriers, brokers, and forwarders in cargo claim and freight charge disputes.
The CFC provides its members with opportunities to stay abreast of the latest legal developments in freight claim and freight charge issues and facilitates networking among attorneys in similar fields. Members receive access to the organization’s private Membership Roster, meeting materials, and email exchanges where they can ask questions, share knowledge, or learn from the experiences of others.
Reflecting on his new role, Marcinak stated, “It’s an honor to serve as chairman of such a distinguished organization. The CFC has a long-standing tradition of fostering collaboration and sharing expertise among freight counsel, and I look forward to contributing to its mission.”
The CFC holds two meetings a year, with the next conference scheduled for January 2025 in Austin, Texas. These meetings and materials are exclusive to members.
With over 20 years of experience, Marcinak is well-versed in representing transportation companies, including carriers and intermediaries, in various litigation matters. He has decades of experience in casualty/accident and commercial litigation, cargo/freight claims, collections/contract disputes, FMCSA and state regulatory compliance, permitting matters, and insurance coverage cases. Marcinak has tried multiple cases to verdict before juries and has handled appeals for transportation clients.
Marcinak and Rob Moseley co-founded the Moseley Marcinak Law Group in April 2019. The firm, which comprises 15 attorneys licensed in South Carolina, North Carolina, and Georgia, serves clients across the country.
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About the Firm:
Moseley Marcinak Law Group LLP is a distinguished transportation and logistics law firm headquartered in Greenville, South Carolina, with additional offices in metro Atlanta and Savannah. Led by nationally recognized founding partners Rob Moseley and Fredric Marcinak, the firm has decades of experience representing clients in all aspects of transportation and logistics law.
The firm's areas of focus include litigation arising from catastrophic accidents, national counsel representation for insurance companies, motor carriers, freight brokers, and other transportation intermediaries facing active litigation across multiple states. Beyond litigation, Moseley Marcinak Law Group LLP assists clients in risk mitigation, regulatory compliance, and provides general counsel services. For more information go to momarlaw.com.
PREDATORY TOWING
Presented by: John Dempsey and Martin Cain
John Dempsey and Martin Cain presented the third installment of the 2024 Moseley Marcinak Lunchtime Webinar Series. On April 12, 2024, they presented on issues related to predatory towing practices and strategies to combat the same.
You can request to watch the recording of this webinar by clicking here.
Independent Contractor Update
Presented by: Rob Moseley, Fred Marcinak, and Blair Cash
Rob Moseley, Fred Marcinak, and Blair Cash presented the second installment of the 2024 Moseley Marcinak Lunchtime Webinar Series. On March 8, 2024, they presented on issues and updates on independent contractors in the transportation industry.
You can request to watch the recording of this webinar by clicking here.
Broker Hotspots
Presented by: Rob Moseley, Rocky Rogers, and Lesesne Phillips
Rob Moseley, Rocky Rogers and Lesesne Phillips presented the first installment of the 2024 Moseley Marcinak Lunchtime Webinar Series. On February 8, 2024, they presented on issues and hot topics in the Brokerage world including fraud, claims and liability. This webinar is perfect for anyone in the industry, no matter how much experience.
You can request to watch the recording of this webinar by clicking here.
Moseley Marcinak Law Group LLP is pleased to announce the promotion of Donavan Eason and Lesesne Phillips to the position of partner. This strategic move reflects the firm's commitment to excellence and reinforces its position as a leading legal resource in the industry.
Hailing from Rochelle, Georgia, Eason has a wealth of experience and is deserving of the promotion to partnership. With an impressive background defending trucking companies, drivers, and insurers against negligence claims, Eason has earned recognition for his contributions to the field. Notably, he has served as Chair of the Georgia Defense Lawyer Association's Trucking Steering Committee and been a valued member of the State Bar of Georgia's Formal Advisory Opinion Board. Eason practices in the firm’s Savannah, Georgia location.
Phillips focuses his practice on general corporate matters, corporate governance, and the drafting and execution of transportation-related contracts for the firm’s local and national transportation clients. His knowledge and service to clients extends to cargo claims, FMCSA and state regulatory compliance, and contract disputes. Phillips' dedication and proficiency in his field make him an invaluable addition to the firm's clients. He is located in the firm’s Greenville, South Carolina office.
Founding partner Rob Moseley expressed enthusiasm for the promotions, stating, "Donavan and Lesesne have consistently demonstrated exceptional dedication and legal prowess. Their contributions have been integral to our firm's success, and we are proud to welcome them as partners."
[Greenville, SC, December 28, 2023] – Beginning January 1, 2024, companies around the United States, and even foreign companies registered in the United States, must conform with the reporting requirements under the Corporate Transparency Act (CTA) promulgated by the Financial Crimes Enforcement Network (FinCEN). Previously, registering and forming a company was largely a State regulatory function, with the owners or future owners of businesses filing formation documents with the Secretary of State in which the company would be domiciled. Beginning in 2024, existing business owners and individuals forming new businesses must meet federal reporting requirements unless exempt. Before diving into the reporting requirements and exemptions, if you currently have an ownership interest in an entity that was created by filing forms with a Secretary of State in the United States (e.g. corporation, limited liability company, or limited partnership among others), you may be subject to these federal reporting requirements. For existing owners of entities formed with a Secretary of State, unless exempt, you must file a report with FinCEN by January 1, 2025. Any individuals forming a new entity on or after January 1, 2024 with a Secretary of State must file a report with FinCEN within thirty (30) days of formation of that new entity. While there are exemptions, all small business owners need to be aware of these reporting requirements to ensure compliance. To begin, the Corporate Transparency Act was made to combat financial crimes through domestic and foreign entities registered in the United States with concentration on money laundering and terrorist financing. Failing to comply with these reporting requirements can result in significant fines and, in some cases, prison sentences. Companies that are required to submit reports to FinCEN include corporations, limited liability companies, and similar entities that were formed by filing formation documents with Secretaries of State. Importantly, sole proprietorships, general partnerships, and sole proprietors or general partnerships registering a trade name such as a “d/b/a” fall outside the scope of the CTA.
There are currently 23 types of entities that are exempt from these reporting requirements, which includes banks, credit unions, and insurance companies. However, the exemption that will most likely provide exemption from the CTA reporting requirements for transportation companies are “large operating companies.” In order to qualify as a “large operating company” the company must have: (1) 20 full-time employees (definition of full-time employee is the same definition as used by the Internal Revenue Service); (2) have an operating presence in a physical office within the United States; and (3) have filed a U.S. federal income tax return for the previous year demonstrating more than $5 million in gross receipts or sales from U.S. Sources. Importantly, the CTA is a continuous reporting requirement, so if the company originally met this exemption and no longer meets the exemption, then the company must file the FinCEN report within 30 days of no longer being exempt. Additionally, if you file a report and information filed in the initial report changes, you will have 30 days from the change to file an updated report.
Information that must be reported to FinCEN includes the full legal name of the entity; any trade name used by the entity, current street address of the principal place of business; the jurisdiction in which the entity was formed; if a foreign company the U.S. jurisdiction where the company first registered; IRS Taxpayer Identification Number (EIN); and a list of the beneficial owners of the company. For new entities that are formed with a Secretary of State on or after January 1, 2024, the reporting company must list its “Company Applicant.” The “Company Applicant” is the individual who filed the formation documents with the Secretary of State or the individual who directed or controlled the filing of the formation documents with the Secretary of State. The list of beneficial owners is the only requirement that needs further explanation.
The CTA has defined a “Beneficial Owner” as any individual who meets at least one of two criteria: (1) exercising substantial control over the reporting company; or (2) owning or controlling at least 25% of the ownership interest of the reporting company. If an individual meets either of those criteria, they must be listed in the report to FinCEN. Under the CTA “substantial control” is defined as an individual that: (1) serves as a senior officer of the reporting company (for example, President, CEO, COO, CFO, or General Counsel); (2) maintains authority over the appointment or removal of a senior officer or a majority of the board of directors or managers for a limited liability company; (3) directs or has substantial influence over important decisions made by the reporting company. Important decisions of the reporting company can include the nature of the business, reorganization, merger, transfer of principal assets, major expenditures, termination of business lines, compensation for senior officers, entry into of significant contracts, or amendments to a company’s governance documents. This can include control over an intermediary entity that exercises substantial control over the reporting company. Next, for the 25% ownership interest, an “ownership interest” includes: any equity, stock, voting trust, capital or profit interest, a convertible instrument, put, call, option, or privilege of buying or selling an equity interest. The above requirements are not an exhaustive list but are only provided as examples of considerations for determining beneficial owners. Need for further review and interpretation will be required before determining whether an individual is in fact a beneficial owner.
Violations of these reporting requirements can apply to both entities and individuals. If an individual willfully reports false information or willfully fails to file a report with FinCEN, then that person could face individual liability. Additionally, if an individual is in substantial control of a reporting company that willfully files false information or willfully fails to report, that person may face individual liability.
It is important to note that access to the information filed in these reports will be restricted to U.S. Government Agencies engaged in national security, intelligence and law enforcement activity (both civil and criminal); Department of Treasury officials and employees in their course of official duties; State and Local law enforcement agencies in connection with civil or criminal investigations; financial institutions but only to assist with anti-money laundering compliance; and foreign agencies that request information through a U.S. federal agency and with which the United States has a treaty. Importantly, FinCEN has stated that the information reported will not be subject to FOIA requests. All reports will be filed online through FinCEN and at this time, they will not be accepting paper reports.
Although there are exemptions to these reporting requirements, it is important that all companies become familiar with this new form of compliance. This is a large deviation from previous requirements on entities that only needed to provide information to Secretaries of State in order to form new companies. Although entities remain creatures of State statute, these reporting requirements provide a federal element that will need to be addressed when forming new companies and for existing business owners. The lawyers at Moseley Marcinak Law Group are ready to help you with this compliance and can provide review of your operations in order to determine whether any exemptions exist for your business.
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Attorneys at Moseley Marcinak Law Group LLP have decades of experience representing trucking companies, brokers, logistics companies and insurers in disputes including freight claims, commercial transportation accidents, federal and state safety regulations, and insurance coverage disputes. For more information about the firm go to www.momarlaw.com.
Greenville, SC. (June 12, 2023) – Moseley Marcinak Law Group LLP, a nationally recognized transportation and logistics firm, is pleased to announce the addition of John Dempsey and Robert Lesley “Robb” Brown.
“We are pleased to have John and Robb join the firm as partners,” said founding partner Rob Moseley. “They both bring great experience to the firm and as part of our legal team, I am confident they will serve our clients very well.”
John Dempsey has more than three decades of legal experience. Prior to joining the firm, Dempsey was in private practice in Flemington, New Jersey, for more than eighteen years. With extensive litigation experience s, Dempsey possesses a unique ability to analyze, negotiate, and effectively resolve contentious disputes on behalf of clients.
Dempsey is a graduate of the University of Miami and St. Thomas University School of Law. He is licensed to practice in South Carolina, New Jersey, Florida, and North Carolina (pending). He will serve clients from the firm’s Greenville, South Carolina office.
Robb Brown is an experienced litigator representing insurance companies and their insureds in personal injury, property damage, and commercial coverage cases. A trial lawyer, Brown has successfully tried over 50 cases to verdict across South Carolina and has represented some of the largest national insurance companies. At Moseley Marcinak, Robb focuses on civil litigation, representing trucking companies, their drivers, and logistics companies, as well as their insurance providers.
Prior to entering private practice, Brown served as an Assistant Attorney General under Attorney General Henry McMaster. In addition to his litigation experience, Brown is also a Certified Mediator in both the State Courts of South Carolina and in the South Carolina District Court.
Brown is a graduate of Erskine College and the University of South Carolina School of Law. He is licensed to practice in South Carolina and will serve clients from Columbia, SC.
Founding partners, Rob Moseley and Fredric Marcinak launched Moseley Marcinak Law Group in April 2019. The firm has thirteen attorneys with lawyers licensed in South Carolina, North Carolina and Georgia representing clients across the country.
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Attorneys at Moseley Marcinak Law Group LLP have decades of experience representing trucking companies, brokers, logistics companies and insurers in disputes including freight claims, commercial transportation accidents, federal and state safety regulations and insurance coverage disputes. For more information about the firm go to www.momarlaw.com.
ABCs and 123s of claim handling
Presented by Donavan Eason and Blair Cash
"Our Loss is Your Gain"
Due to technical difficulties, we were unable to locate the recording of our April 2023 webinar - ABCS and 123s of Claim Handling, which means we re-did this presentation.
Donavan Eason and Blair Cash presented the re-recording of the ABCS and 123s of Handling a New Claim. They presented on what to do (and not do) when handling a new claim. This webinar is perfect for anyone in the industry, no matter how much experience.
You can request to watch the re-recording of this webinar by clicking here.
You can request to view Part 1 of 2022 Year-in-Review by clicking here.
You can request to view the PowerPoint presentation from Part 1 by clicking here.
You can request to view Part 2 of 2022 Year-in-Review by clicking here.
