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
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
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
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
Government reporting contains no shortage of signals that threat actors, including traditional terroristic actors, are eager to disrupt global shipping and supply chains. This threat environment of frequent negative headlines...more
3/12/2024
/ Airlines ,
Aviation Industry ,
Compliance ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
National Security ,
Risk Assessment ,
Risk Mitigation ,
Screening Procedures ,
Security Standards ,
Shipping ,
Supply Chain ,
Terrorist Threats ,
TSA
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
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
The Biden Administration’s Executive Order 14017 titled “America’s Supply Chains” seeks to address supply chain disruption by strengthening domestic production in a multi-agency effort. As part of that effort, the Census...more
Private Carriage Stand-Up: Where to Begin When In-Sourcing Transportation -
An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to...more
2/9/2022
/ Customs and Border Protection ,
Department of Labor (DOL) ,
Due Diligence ,
Exporters ,
Exports ,
Mexico ,
NLRB ,
Outsourcing ,
Reporting Requirements ,
Shipping ,
Supply Chain ,
Withhold Release Orders (WROs)
On December 28, 2019, the limitation of liability for cargo lost or damaged during international air transportation between countries that are signatories to the Montreal Convention (the “Convention”) will increase from 19...more
Buy-side decisions for transportation and logistics services are increasingly driven by both internal subject matter experts and their corporate procurement teams. The traditional procurement perspective yields certain...more
7/23/2019
/ Air Carriers ,
Brokers ,
Common Carriers ,
Customs ,
FMCSA ,
Freight Forwarding ,
Logistics ,
Motor Carriers ,
Registration Requirement ,
Regulatory Standards ,
Risk Management ,
Shipping ,
Subject Matter Experts (SMEs) ,
Transportation Industry ,
Vessels
Since the U.S. Food and Drug Administration’s (FDA’s) publication of the Final Rule regarding Sanitary Transportation of Human and Animal Food on April 6, 2016, 21 CFR 1.900, et seq. (the STF Rule), there has been an increase...more
4/23/2019
/ Audits ,
Brokers ,
FMCSA ,
Food and Drug Administration (FDA) ,
Food Safety ,
FSMA ,
IFTA ,
Lithium Batteries ,
Motor Carriers ,
Regulatory Agencies ,
Regulatory Standards ,
Sanitary Food Transportation Act (SFTA) ,
Shipping ,
Trucking Industry
The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. INCOTERMS are so ubiquitous in international...more
11/20/2018
/ Buyers ,
China ,
Contract Interpretation ,
Contract Negotiations ,
Contract Terms ,
Cross-Border Transactions ,
Duties ,
Imports ,
International Freight ,
Manufacturers ,
Purchase Agreement ,
Section 301 ,
Sellers ,
Shipping ,
Supply Chain ,
Supply Contracts ,
Tariffs ,
Trade Relations ,
US Trade Policies
Letters of Credit (LOCs) have long been used to minimize the financial risk of international purchase agreements. Sellers and buyers may agree to use LOCs to ensure that goods are received and payment is remitted as intended....more
11/20/2018
/ Banking Sector ,
Buyers ,
Common Carriers ,
Exports ,
Imports ,
International Freight ,
Letter of Credit ,
Sellers ,
Shipping ,
Supply Chain ,
Terms and Conditions ,
Transportation Industry
“It Was A Very Good Year” (For Freight Brokers) -
Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for...more
11/19/2018
/ Brokers ,
Buyers ,
Commerce Clause ,
Contract Claims ,
Imports ,
International Freight ,
International Treaties ,
Letter of Credit ,
Preemption ,
Public Procurement Policies ,
Sellers ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
Wrongful Death
The receipt, storage, and handling of sensitive shipper data occurs, often frequently and in real-time, alongside the flow of goods. Commercial shippers are well aware of the supply chain security risk to the materials and...more
Every day, supply chain managers and logistics coordinators navigate a world of risk. Those risks include interruption due to delay, the damage, contamination, or loss of goods, customer service failures, and even regulatory...more
9/18/2017
/ C-TPAT ,
Customs ,
Due Diligence ,
Freight Forwarding ,
Hanjin Shipping ,
NAFTA ,
Outsourcing ,
Procurement Guidelines ,
Risk Assessment ,
Risk Mitigation ,
Shipping ,
Supply Chain ,
Transportation Industry
Air transportation of lithium ion batteries recently garnered significant attention due to events following reports of the Samsung Galaxy Note 7’s batteries overheating, catching fire, and even exploding. See Samsung Recalls...more
10/20/2016
/ Air Carriers ,
Criminal Penalties ,
Department of Transportation (DOT) ,
Federal Aviation Administration (FAA) ,
Hazardous Substances ,
Lithium Batteries ,
Mobile Devices ,
PHMSA ,
Product Recalls ,
Reporting Requirements ,
Samsung ,
Shipping
In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more
On April 6, 2016, the Food and Drug Administration (FDA) published its Final Rule on the Sanitary Transportation of Human and Animal Food (the Final Rule). These long-awaited regulations were mandated by the Food Safety...more
6/13/2016
/ Bankruptcy Preferences ,
Commercial Bankruptcy ,
Commercial Truck Drivers ,
Exemptions ,
Final Rules ,
FMCSA ,
Food and Drug Administration (FDA) ,
Food Safety ,
FSMA ,
Harassment ,
Recordkeeping Requirements ,
Shipping ,
Trucking Industry