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
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
U.S. supply chain security is increasingly under threat. The White House’s National Security Strategy describes this moment as an inflection point. Many federal agencies have taken charge in elevating the very concept of...more
10/30/2024
/ Biden Administration ,
Critical Infrastructure Sectors ,
Customs and Border Protection ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Economic Sanctions ,
Export Controls ,
Infrastructure ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PHMSA ,
Security Risk Assessments ,
Supply Chain ,
Terrorist Threats ,
TSA
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 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
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
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)
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
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
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
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
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
New changes went into effect today for a testing program for low-value imports which have gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (“CBP”) published these changes...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
UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023.
The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more
The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking (“APRNM”) and request for comment on Thursday, August 29, 2023, in efforts to fulfill the Motor Carrier Safety Act...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
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
In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to...more
4/3/2023
/ Biometric Information ,
Congressional Investigations & Hearings ,
Customs ,
Customs and Border Protection ,
Logistics ,
Proposed Legislation ,
Railroads ,
Railways ,
Train Accidents ,
Trains ,
Transportation Industry