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 AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its...more
7/18/2024
/ Analytics ,
Artificial Intelligence ,
Big Tech ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright Infringement ,
EU ,
Google ,
Machine Learning ,
Microsoft ,
Minors ,
NAD ,
Regulatory Agenda
The United States Supreme Court recently brought to a close forty years of "Chevron Deference" and its guidance for legal interpretation of specific federal agency decision-making authority....more
7/17/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Legislative Agendas ,
Logistics ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Transportation Industry
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...more
7/15/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Critical Infrastructure Sectors ,
Data Protection ,
Infrastructure ,
Risk Assessment ,
Supply Chain ,
Technology ,
Transportation Industry ,
U.S. Commerce Department
Over one million shipments of hazardous materials reportedly travel in U.S. commerce every single day.
A common misunderstanding is the nature of hazardous materials—they are more commonplace than you think!...more
7/15/2024
/ Air Carriers ,
Compliance ,
Hazardous Substances ,
Maritime Transport ,
PHMSA ,
Railways ,
Regulatory Requirements ,
Shipping ,
Surface Transportation ,
Toxic Chemicals ,
Transportation Industry ,
Trucking Industry ,
Vessels
Environmental regulations, including those under the California Air Resources Board’s (CARB’s) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country....more
Highly regulated operational sectors often have bountiful, and sometimes conflicting, defined terms that make all the difference in legal matters. The domestic and international transportation and logistics sector is no...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
We are seeing a steady increase in client imports being detained at port by U.S. Customs and Border Protection (CBP) on grounds of alleged forced labor in the supply chain....more
7/12/2024
/ China ,
Customs and Border Protection ,
Enforcement ,
Enforcement Priorities ,
Entity List ,
Forced Labor ,
Freight Forwarding ,
Human Rights ,
Importers ,
Imports ,
Popular ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
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
For-hire and private motor carriers face unique compliance and operations challenges that many other business or company functions do not encounter.
Operating commercial motor vehicles (CMVs) for your business, or as your...more
Accidents on the roadways are an unfortunate reality in the transportation business.
Any carrier that has been in the business long enough, or that has reached a sizeable scale, experiences accidents despite a zealous...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
The path forward for new tariffs on imports to the United States from China is now emerging. This week the United States Trade Representative (USTR) requested comment on proposed Section 301 tariff modifications and...more
New developments in international trade laws will have tangible and far-reaching impacts on transactions as well as day-to-day business operations. President Biden’s signing of HR 815 means that once time-barred historic...more
5/23/2024
/ Acquisitions ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Due Diligence ,
Embargo ,
Internal Investigations ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mergers ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Statute of Limitations ,
Trading with the Enemy Act ,
Voluntary Disclosure
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
New Section 301 tariffs on imports from China were announced by the Biden Administration on May 14, 2024. The White House circulated a fact sheet directing the United States Trade Representative ("USTR") to exercise tariffs...more
5/17/2024
/ Biden Administration ,
China ,
Electric Vehicles ,
Imports ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
The Commercial Vehicle Safety Alliance’s (CVSA) International Roadcheck (Roadcheck) is scheduled for May 14-16, 2024. Roadcheck is an annual high-visibility, high-volume commercial motor vehicle inspection and regulatory...more
Transportation services providers are increasingly facing new technology-oriented threats in day-to-day business. Recent cyberattacks and the potential for serious disruption from threat actors have drawn the attention of the...more
4/17/2024
/ Brokers ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Protection ,
Data Security ,
Document Retention Policies ,
Information Technology ,
Motor Carriers ,
New Rules ,
Strategic Planning ,
Technology ,
Transportation Industry ,
Trucking Industry ,
TSA
Environmental regulations, including those under the California Air Resources Board’s (“CARB”) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country....more
4/9/2024
/ Air Pollution ,
Air Quality Standards ,
CARB ,
Climate Change ,
Compliance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Oversight ,
Regulatory Standards ,
Transportation Industry ,
Trucking Industry ,
Zero-Emission Vehicles
The growth of cloud services, Software-as-a-Service (“SaaS”) and Infrastructure-as-a-Service (“IaaS”) arrangements, Artificial Intelligence (“AI”) models, and increased reliance on the use outsourced technology service...more
3/25/2024
/ Artificial Intelligence ,
Biden Administration ,
Bureau of Industry and Security (BIS) ,
Business Operations ,
Cyber Threats ,
Executive Orders ,
Export Controls ,
Information Technology ,
Information Technology Outsourcing ,
Innovative Technology ,
Machine Learning ,
National Security ,
NPRM ,
Outsourcing ,
Risk Assessment ,
Risk Mitigation ,
SaaS ,
Technology
Public safety on the roadways is the chief objective of the Federal Motor Carrier Safety Regulations (FMCSRs). Some safety and operations teams will from time to time encounter unique circumstances where strict compliance can...more
3/25/2024
/ Commercial Truck Drivers ,
Compliance ,
Controlled Substances Act ,
Exemptions ,
FMCSA ,
Highways ,
Licensing Rules ,
Public Safety ,
Roads ,
Training Requirements ,
Trucking Industry ,
Waivers
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
New changes went into effect on February 15, 2024, for imports of low-value items under a program that has gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (CBP) published...more