General Business Transportation

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I Can Fly it For Fun–Why Not For Profit? Proposed FAA Rules For Unmanned Aerial Vehicles

Every week, it seems you hear another business is using unmanned aerial vehicles. So why are you, or your company, still grounded? That could change soon....more

Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement

The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5...more

Implementing the Cape Town Convention in the UK

Repossession and Insolvency - The UK has decided to override existing insolvency law by adopting Alternative A of Article XI of the Protocol. Where a creditor has a correctly registered its international interest, the...more

Shipping Executive Pleads Guilty to Ocean-Shipping Price Fixing Conspiracy

On Tuesday, March 10, 2015, an employee of the Japan-based Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty to a violation of the Sherman Act for conspiring to fix prices and rig bids for international ocean shipping from...more

Amazon Prime Air closer to takeoff: FAA grants Internet giant's request for drone ‘exemption’ and experimental certificate

In a March 13, 2015 letter, the Federal Aviation Administration (“FAA”) granted an affiliate of retail giant Amazon.com, Amazon Logistics, Inc., an exemption from certain flight rules so it can test new unmanned aircraft...more

Week in Review - March 2015 #3

Friday marked the first committee deadline and thus a flurry of activity at the Capitol to act favorably on bills in their respective policy committees. MNsure - When Governor Mark Dayton’s supplemental budget...more

Uber-Complicated: Insurance Challenges for Transportation Network Companies

Transportation Network Companies (TNCs) facilitate the use of personal vehicles to transport passengers for a fee using a technology based platform, such as a website or a mobile application to connect riders and drivers. The...more

Mainbrace: March 2015 No. 2

In this issue: - A Note from the Editor - Congress and Administration Take Cautious Approach to Crude Exports as Oil Prices Fall - Meet Blank Rome—Fairfield Sentry: Comity, Seller’s Remorse, and Chapter...more

Drone on Drones: The Uncertain Line Between Commercial and Noncommercial Use

Under the FAA’s current framework, noncommercial uses of drones by hobbyists are not regulated outside of general safety restrictions. A drone hobbyist can use his or her craft as he or she wishes, so long as the drone is...more

Treaty Preempts Discrimination and Contract Claims From Seat Assignment Dispute - Although the Complaint Did Not Plead a Montreal...

The U.S. District Court for the District of Columbia granted an airline's pre-answer motion to dismiss a passenger's discrimination and breach of contract claims arising from the airline's alleged failure to assign the...more

Insurance Review (Australia) - February 2015

In This Issue: - REGULATORY: - The Financial System Inquiry - Insurance Reform In The UK - CYBER: - Top Five Privacy And Cyber Predictions, Trends And Issues Impacting Insurers In 2015 And...more

Drone on Drones: The “Domestication” of Drones

As recently as four years ago, a Google search of “drones” or “unmanned aerial vehicles” would have largely returned news articles about targeted strikes in countries such as Afghanistan, Iraq or Yemen. ...more

Winds Of Change: A Flurry Of UAS Regulatory Proposals

On February 15, 2015, during a hastily organized press conference, the FAA announced its proposed rules for domestic UAS. But that wasn't the only UAS news coming out of the administration that weekend. ...more

Drone Use “Takes Off” as Legal Consequences Remain Uncertain

Drones, also known as unmanned aircraft systems (UAS) or unmanned aerial vehicles (UAV), have received extensive media coverage over the past few years. Whether the discussions about drones are related to the unmanned...more

Loss of cargo due to piracy held not to be an “in-transit loss”

Trafigura Beheer BV v Navigazione Montanari SpA [2015] EWCA Civ 91 - The subject vessel was chartered to carry a cargo of oil from Abidjan, Ivory Coast to Lagos, Nigeria. Clause 46 of the charter (on an amended BPVOY3...more

Court awards as damages costs incurred as a result of a breach of a law and jurisdiction clause

Swissmarine Services SA v Gupta Coal India Private Limited [2015] EWHC 265 (Comm) - The Claimant and Defendant entered into a COA which contained an English law and jurisdiction clause. When the Defendant failed to...more

FAA Proposes Rules for Small Commercial Unmanned Aircraft Systems or Drones

Action Item: As a step towards integrating commercial Unmanned Aircraft Systems (“UAS”) flights into U.S. airspace, the Federal Aviation Administration (“FAA”) has released its long-awaited Notice of Proposed Rulemaking...more

Court considers the documents required to be supplied in support of a demurrage claim under BPVOY4

Kassiopi Maritime Co Ltd v Fal Shipping Co Ltd [2015] EWHC 318 (Comm) - Owners and Charterers had entered into a voyage charter on the BPVOY4 form. The charter contained the following provisions: -Clause 19.7.1:...more

Supreme Court Decides Alabama Department of Revenue v. CSX Transportation, Inc.

On March 4, 2015, the Supreme Court decided Alabama Department of Revenue v. CSX Transportation, Inc., No. 13-553, holding that a rail carrier can prove discrimination under the Railroad Revitalization and Regulation Reform...more

Opportunity for Utility and Energy Companies to Comment on Proposed UAV Rules

Reactions to the FAA’s proposed rules for the Operation and Certification of Small Unmanned Aircraft Systems have been mixed since their release on February 15, 2015. Some stakeholders have lauded the FAA’s action as a...more

EPA Announces It Will Release New Guidelines on Vehicle MPG Ratings

The EPA announced, on February 23, 2015, that it will release new guidelines for vehicle fuel economy testing. The new guidelines will apply next year and will address how vehicles should be prepared and broken in before fuel...more

Real Property, Financial Services & Title Insurance Update: Week Ending February 20, 2015

REAL PROPERTY UPDATE - Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more

FAA Proposes Long-Awaited Commercial Drone Guidelines as White House Issues Privacy Memo On Government Drone Use

On Feb. 15, 2015, the Federal Aviation Administration released a set of long-awaited proposed rules for commercial drone operation that paves the way for commercial drone usage in the United States by 2017. At the same time,...more

West Coast Ports Labor Turmoil - Time to Dust Off That Overlooked Force Majeure Clause?

The simmering labor dispute between the International Longshoreman and Warehouse Union and the Pacific Maritime Association, which represents West Coast port owners, has begun to capture the attention of businesses that have...more

FAA Takes One Small Step Toward Legalizing Commercial Use of Small Unmanned Aircraft Systems, a.k.a Drones

The Federal Aviation Administration (FAA) has long been studying the promise and perils of small unmanned aircraft systems (“UAS”), a.k.a drones. The commercial potential of UAS technology is clear. Businesses are eager to...more

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