SIX OPERATIONS, SIX EXPOSURES
Freight Brokers
28,000 licensed freight brokers in America lost the legal protection they operated under for 50 years on May 15, 2026. The six conventional data points used to vet carriers across the industry were built for a legal environment that no longer exists. The Protocol replaces assumption with a forensic process, built so that when discovery begins, there is nothing for a plaintiff’s attorney to work with.
Shippers and Manufacturers
Hiring the broker does not end a shipper’s exposure. Plaintiff’s attorneys are now asking, in depositions, whether the shipper exercised reasonable care in selecting, qualifying, and monitoring the broker it hired. Most shippers have no documented answer. This is a process problem with no defined procedure until now.
Trucking Companies with Brokerage Authority
A carrier that also holds brokerage authority carries the exposure of both roles. Carrier selection liability and the documentation requirements of the post-Montgomery era apply to the brokerage function regardless of the company’s primary identity or size.
Transportation Defense Attorneys
The Protocol was built around what plaintiff’s attorneys demand in discovery and what defense attorneys need to counter it: a documented, timestamped record of every carrier selection decision, every data point reviewed, and every action taken at every operational moment. Norris Beren works directly with defense counsel both as a pre-litigation program architect and as a consulting resource once litigation is active.
Insurance Brokers and Insurance Companies
Insurance covers the verdict. The Protocol reduces the likelihood of one. A policyholder operating under the Protocol presents a documented risk profile that exceeds conventional underwriting requirements, which changes the underwriting conversation and the claims outlook. Collaboration and licensing arrangements are available for insurance brokers and carriers who want to bring this to their policyholders.
Associations and Training Organizations
TIA, TCA, NIT-League, CSCMP, ATA, and state and other national trucking and shipper association members are at the center of this ruling’s impact. Association-endorsed, co-branded, and member education versions of the Protocol are available, along with conference presentations and member webinars.
