Domestic U.S. shipping interests are closely monitoring a United States Trade Representative (“USTR”) proposal for import and export trades involving Chinese vessels. The proposal’s extraordinary service fees and restrictions...more
3/18/2025
/ China ,
Comment Period ,
Economic Sanctions ,
Exports ,
Fees ,
Imports ,
International Trade ,
Maritime Transport ,
National Security ,
NVOCCs ,
Section 301 ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
USTR ,
Vessels
Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead -
The role of independent contractor owner-operators (ICOOs) in the trucking industry has a long...more
2/21/2025
/ Air Carriers ,
Artificial Intelligence ,
Background Checks ,
Credit Checks ,
Criminal Background Checks ,
Employee Credit Checks ,
Employment Contract ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Independent Contractors ,
Labor Regulations ,
Motor Carriers ,
Supply Chain ,
Trump Administration ,
Warehouses
Negotiations between the International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) are set to resume this week – just days before a January 15, 2025 resolution deadline before the ILA may...more
1/8/2025
/ Collective Bargaining ,
Compliance ,
Contract Terms ,
Exporters ,
Importers ,
Labor Reform ,
Labor Relations ,
Longshoremen ,
Ports ,
Strike ,
Supply Chain ,
Unions
Global transportation and logistics services can amount to some of the largest expenses, and even the largest single contracts by spend, for enterprises with high traffic volumes. Among mature buyers and sellers of goods the...more
The International Longshoremen’s Association (“ILA”) ended a three-day strike at certain East Coast and Gulf Ports until January 15, 2025. If a new contract is not finalized with the U.S. Maritime Alliance (“USMX”) then...more
11/5/2024
/ Labor Disputes ,
Logistics ,
Longshoremen ,
National Security ,
Ports ,
Shipping ,
Shipping Cargo ,
Strike ,
Supply Chain ,
Taft-Hartley Act ,
Unions
We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many...more
11/4/2024
/ Air Cargo ,
Audits ,
Brokers ,
Department of Transportation (DOT) ,
Federal Contractors ,
Federal Maritime Commission ,
Logistics ,
National Security ,
Shipping ,
Shipping Cargo ,
Small Business ,
Supply Chain ,
Transportation Industry
International laws for cargo liability impact the way enterprises procure transportation and logistics services, the contracts under which those services are purchased, the process for claims adjudication, and the liability...more
The Federal Maritime Commission ( FMC) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space accommodations...more
10/31/2024
/ Exports ,
Federal Maritime Commission ,
Final Rules ,
Good Faith ,
Maritime Transport ,
Market Participants ,
Negotiations ,
Shipping ,
Shipping Cargo ,
Trade Relations ,
Transportation Industry ,
Vessels
The International Longshoremen’s Association (“ILA”) will have no contract if the current terms expire on September 30, 2024, without a new deal. ILA representatives have indicated that a strike is imminent on October 1,...more
9/24/2024
/ Exporters ,
Importers ,
Labor Disputes ,
Logistics ,
Longshoremen ,
Manufacturers ,
National Security ,
Ports ,
Retailers ,
Shipping ,
Shipping Cargo ,
Strike ,
Supply Chain ,
Taft-Hartley Act ,
Unions
The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space...more
The U.S. Department of Transportation is seeking input from industry stakeholders on the role of artificial intelligence in the supply chain. The DOT’s Advanced Research Projects Agency – Infrastructure is one of many federal...more
7/12/2024
/ Artificial Intelligence ,
CARB ,
Carbon Emissions ,
Clean Energy ,
Common Carriers ,
Compliance ,
Department of Transportation (DOT) ,
Forced Labor ,
National Security ,
Nuclear Power ,
Supply Chain ,
Trucking Industry ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Vessels
Yet again the ocean freight bid season is unfolding against a backdrop of uncertainty. The 2024 season brings a confluence of economic, geopolitical, trade, and industry-related issues that have created a complex environment...more
Vehicle manufacturing is a highly regulated process for good reason. The lives of all on the U.S. roadways are at stake every moment during operation....more
Beginning on July 1, 2024, all owners and registered owners of certain motor vehicles with nexus to New Jersey will be legally required to hold at least $1,500,000 in automobile liability insurance. This new law doubles the...more
On February 26, 2024, the FMC issued its final rule on detention and demurrage billing requirements. On February 27, 2024, our team outlined the practical impact that the Final Rule will have in the article: “A Whole New...more
5/21/2024
/ Common Carriers ,
Detention ,
Federal Maritime Commission ,
Fee Disputes ,
Final Rules ,
Invoices ,
Maritime Transport ,
OMB ,
Ports ,
Shipping ,
Vessels
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
Many shippers and service providers are looking toward the upcoming ocean carrier bid season while still reeling from the effects of the global pandemic. It is not uncommon to identify colorable claims against any number of...more
On February 26, 2024, the Federal Maritime Commission (“FMC”) published its long-awaited final rule (the “Final Rule”) establishing various regulations governing the imposition of demurrage and detention. The Final Rule will...more
The Federal Maritime Commission (“FMC”) issued a Final Rule in FMC Docket No. 21-03 amending its Carrier Automated Tariffs regulations under 46 CFR Part 520, effective on February 1, 2024. (89 FR 25). The amendments aim to...more
Marine terminal operators (MTOs) and ocean common carriers became easy targets upon which to cast blame for the port congestion issues and supply chain weaknesses arising out of the COVID-19 pandemic....more
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
9/14/2023
/ Air Carriers ,
Boycotts ,
Complaint Procedures ,
Corporate Liability ,
Defense Strategies ,
DFARS ,
Dodd-Frank ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Montreal Convention ,
Motor Carriers ,
Rest and Meal Break ,
Warsaw Convention
A number of developments in international ocean shipping have emerged following the enactment of the Ocean Shipping Reform Act of 2022 (OSRA) last year. The U.S. Congress sought to arm the Federal Maritime Commission (FMC)...more
Beneficial cargo owners have faced well-reported challenges in recent bid seasons. Two plus years of global pandemic unleashed supply and capacity interruption, carrier lane divergence, and an explosion in rates as well as...more
6/16/2022
/ Common Carriers ,
Drug & Alcohol Abuse ,
Insurance Claims ,
Manufacturers ,
NHTSA ,
Section 301 ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
USTR
Ocean transportation procurement teams and vessel owners alike would do well to pay close attention to the effects of recent notable maritime perils that have triggered claims for general average. The running aground of both...more
Beneficial cargo owners have faced well-reported challenges in recent bid seasons. Two plus years of global pandemic unleashed supply and capacity interruption, carrier lane divergence, and an explosion in rates as well as...more