J. Philip Nester
Senior Managing Associate with the Transportation & Logistics Practice at Benesch Law-
29 Dec 2025
The Third Proviso: Transportation Strategies & Jones Act Compliance
The Jones Act at 46 U.S.C. § 55102 forms the basis of U.S. domestic waterborne commerce by limiting the transportation of merchandise between U.S. points to vessels that are U.S.-built, U.S.-owned, U.S.-crewed, and U.S.-flagged. The Jones Act contains a limited exception known as the “Third Proviso” that permits certain domestic shipments to move through Canada using multimodal transportation without breaching the statute.Purpose and Limits of the Third Proviso.The Third Proviso to 46 U.S.C.
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14 Nov 2025
Unlocking Capital from Goods on the Move Through In-Transit Freight Financing
Recent history demonstrates just how unpredictable global supply chains can be, where delays, disruptions and prolonged transit times create substantial capital constraints for businesses. In-transit financing can address these challenges by converting goods enroute into liquidity that enables businesses to sustain operations and pursue growth without interruption.By combining negotiable bills of lading…
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28 Apr 2025
Legal Beat: U.S. Non-Contiguous Domestic Trade: Barge, Inland & Water Transportation
The U.S. inland waterway system is a critical and underutilized component of the domestic supply chain that serves non-contiguous markets originating in or destined for Alaska, Hawaii, and U.S. territories and possessions. For transportation service providers and shippers that operate in the domestic trade of the U.S., ocean carriers, barge operators, and inland waterway providers can offer cost-effective…
