🎣 XPO’s Non-Compete Lawsuit

Plus: Tenstreet acquires TextLocate, Trump plans to impose automotive tariffs starting April 2, and two logistics giants report mixed Q4 results.

🎣 XPO’s Non-Compete Lawsuit

Happy Hump Day. In today’s feature story, we break down XPO’s non-compete lawsuit, the legal gray areas, and what it could mean for freight brokers.

Plus:

  • 📍 Tenstreet Acquires TextLocate
  • 🚚 Tariff Uncertainty Hits Freight
  • ↕ PAM Struggles, Expeditors Thrives
  • & more...

Today's Newsletter is Brought to You by HappyRobot.

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🐔 WHAT’S COOKIN’ IN FREIGHT

📍 Tenstreet Acquires TextLocate. Driver recruiting platform Tenstreet has acquired Chattanooga-based TextLocate, a platform specializing in real-time driver communication and load visibility. TextLocate enables logistics providers to conduct two-way chats, verify proof of delivery, and monitor safety without requiring an app. This acquisition enhances Tenstreet’s offerings, streamlining communication, mitigating fraud, and improving supply chain efficiency. Notably, TextLocate was FreightCaviar's first sponsor and continues this partnership to date—big kudos to them! CEO Ryan Rogers celebrates this milestone, crediting customers and partners, “who made our vision a reality!”

🚚 Tariff Uncertainty Looms Over Auto & Freight Industries. President Trump announced plans for automotive tariffs to take effect “around April 2,” heightening concerns for automakers already impacted by steel and aluminum tariffs. These measures follow previous on-and-off tariff threats on Mexico and Canada, key trading partners responsible for significant U.S. vehicle imports. Freight officials and economists have criticized the instability caused by Trump’s tariff threats, which have disrupted markets and strained cross-border supply chains critical to the U.S. auto industry. For instance, Derek Leathers, CEO of Werner Enterprises, warned, “Potential tariff policy continues to be a moving target,” making it “difficult to comment specifically on depth and duration.” As of now, stability is being sought, but none is evident for the foreseeable future.

Mixed Results in Logistics: PAM Struggles, Expeditors Thrives. PAMT, newly renamed PAM Transport’s parent company, posted a $37.7 million Q4 operating loss, driven by a $24.7 million accounting adjustment for truck depreciation and a $6.4 million equipment impairment charge. Excluding these factors, the adjusted loss was $6.6 million, highlighting challenges from reduced volumes and a shift to owner-operators. Q4 revenue fell 8% to $166.5 million. Conversely, Expeditors International achieved a 30% revenue increase, hitting $2.95 billion, driven by strong demand in air and ocean freight, particularly out of Asia. Despite “disruption-driven ocean demand” and geopolitical uncertainty, Expeditors thrived, attributing growth to tightened capacity and rising rates, though its stock performance remained subdued.


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XPO’s Non-Compete Lawsuit

Non-competes in freight brokerage are nothing new, but XPO’s latest lawsuit is putting them back in the spotlight. The LTL giant is suing two former employees, alleging they broke their contracts by jumping ship to a competitor—and the details of the case offer a peek into just how restrictive these agreements can be.

The XPO Lawsuit: A Non-Compete on Steroids

Tess Farnan and Mark Schatteman, former XPO sales reps, left the company in 2024 to join Central Transport. XPO is now suing them, claiming they violated their 11-page “Confidential Information Protection Agreement,” which bars them from competing against XPO or soliciting its customers for six months.

But here’s where things get interesting:

  • XPO is suing them in North Carolina, even though both worked in the Kansas City area. Why? Possibly because North Carolina’s non-compete laws favor enforcement.
  • The lawsuit defines the “restricted area” as basically the entire U.S., including a 100-mile radius from Kansas City, 50 miles from any other XPO office, and every state or province where XPO has customers.
  • If an employee is terminated without cause, XPO will pay them for six months to stay out of the industry. But if they quit? No pay, just a non-compete ban.
XPO Logistics network of service centers across the U.S. as of February 6, 2025. Image Source: XPO

How Much Business Did XPO Lose?

According to XPO, the impact was immediate:

  • A $9,000 account in June 2024 shrank to $920 by November.
  • A $19,000 account tanked to $1,051 in the same period.
  • Farnan allegedly took one account from $11,000 to just $1,000 in two months. Another vanished entirely.

XPO sent letters demanding compliance, but according to the lawsuit, neither former employee responded.

The Broader Fight Over Non-Competes

This case is part of a much bigger battle over non-competes. The Federal Trade Commission (FTC) has moved to ban non-compete agreements nationwide, calling them anti-competitive. But the rule is already facing lawsuits, and states are getting involved in their own way.

🎣 Non-Competes Banned
“The FTC’s final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business or bring a new idea to market.”

One of the latest challenges? Ohio.

A bill introduced in Ohio earlier this month, S.B. No. 11, would ban non-competes entirely and even allow employees to sue their employers to void them. If passed, the law would:

  • Prohibit employers from enforcing non-compete clauses.
  • Allow workers to sue for damages, attorney fees, and even punitive damages up to $5,000.
  • Give the Ohio Attorney General the authority to take legal action against companies that try to enforce non-competes.

Attorney Matthew Leffler weighed in on the bill:

Ohio would be the fifth state to ban non-competes, following California, Minnesota, North Dakota, and Oklahoma. With legal battles heating up and more states taking action, non-competes in freight may not have much time left.

What It Means for Freight Brokers

This case highlights the growing tension in freight brokerage over non-competes. While some companies argue these clauses protect client relationships, critics say they stifle career growth and trap employees in jobs they no longer want.

The legal battle could set the tone for how aggressively companies can enforce non-competes in logistics. For now, freight brokers considering a job switch might want to read the fine print before handing in their notice.


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🌎 AROUND THE FREIGHT WEB

U.S. trailer orders started strong in 2025, as shown by the green bar representing January's numbers. The line graph tracks 2024’s month-over-month orders for comparison. Image Source: FTR.

🚛 Strong Start. January US trailer orders surged significantly, showing robust 81% year-over-year growth in demand for commercial vehicles across the industry, reaching 23,966 units.

Worst Weather Lanes. Drivers should beware of treacherous conditions on routes experiencing severe weather impacts. WeatherOptics has released their top 5 lanes to watch out for this midweek.

Tesla’s Public Plans. Tesla unveils plans for a public charging station dedicated to electric semi-trucks in the Los Angeles area. The station would allow electric semi-trucks to charge to 70% within 30 minutes.

🚔 Cash & Drugs Discovered. A Level II CMV inspection uncovered $1.1 million in cash, 183 pounds of marijuana, and about 7 grams of cocaine. The driver is facing possession with intent to distribute charges.

📦 Global Shipping Hits Record. Global shipping recorded a strong January, with record imports ahead of potential tariffs. Despite the record, questions remain unanswered about ongoing trade uncertainties with China, Mexico, and Canada.

✉️ New Postal Leadership. Postmaster General Louis DeJoy is preparing to step down, according to an announcement Tuesday. Amber McReynolds, chairwoman of the Board of Governors, praised DeJoy, saying he, “has fought hard for women and men of the Postal Service.”

🌬️ Arctic Blast. The polar vortex is driving record-breaking cold temperatures across parts of the U.S., with some areas like the Northern Plains expected to experience wind chills as cold as minus 35°F to minus 60°F.


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