General Business Transportation

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The Impact of New Heavy Vehicle Regulations in the Road Transport Industry

With the Heavy Vehicle National Law (HVNL) beginning in February 2014 and the Road Safety Remuneration Tribunal's first Road Safety Remuneration Order (RSRO) commencing in early May 2014, this year promises to be challenging...more

FERC Provides Important Guidance Regarding Confidentiality Agreements and “Duty to Support” Clauses

Yesterday, I wrote a blog post describing a FERC order that, for the first time ever, would have allowed an interstate oil pipeline to grant preferential rates and capacity rights to shippers making volume commitments through...more

OESA Automotive Supplier Barometer: Positive but Guarded

The March 2014 OESA Automotive Supplier Barometer: Focus on Supply Chain was recently published. The 96 survey respondents told a story of an industry still feeling good about itself, but with a little more concern than in...more

Special Due Diligence Concerns When Buying Unmanned Aerial Systems

The regulatory lid is about to come off domestic commercial use of Unmanned Aerial Systems (“UASs”). When that happens, like a vacuum, the U. S. commercial market will seek to deploy every viable system. In the rush to...more

Congressional Panel Explores Industry's Views on Public-Private Partnerships

On Wednesday, March 5, the House Transportation and Infrastructure Special Panel on Public-Private Partnerships held a hearing entitled "Overview of Public-Private Partnerships for Highway and Transit Projects" to review the...more

4 Key Questions For Evaluating PPP Opportunities

Public-private partnerships are all the rage, as governments seek new ways to deliver public infrastructure, facilities and services in the face of daunting budget limitations and doubts about older procurement modes. PPP...more

India’s Aviation Safety Rating Downgrade Could Have Cascading Effects

On January 31, 2014, the U.S. Federal Aviation Administration (FAA) downgraded India’s aviation safety rating to Category 2 under the FAA’s International Aviation Safety Assessment (IASA) program – a program designed to...more

White House Backs the $2.2 Billion Purple Line

On Tuesday, March 4th federal officials recommended the Maryland Transit Administration’s Purple Line Public-Private Partnership Project ("Purple Line") to receive $100 million in federal construction money as part of the...more

The Construction Advantage – Issue 2

We hope you enjoy Bernstein Shur’s second edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. Our goal is to provide practical...more

House Ways and Means Chair Camp Releases Comprehensive Tax Reform Proposal

As expected, House Ways and Means Committee Chair Dave Camp (R-Mich.) released his long-awaited tax reform discussion draft on Wednesday, February 26, in which he seeks to lower the individual and corporate tax rates as well...more

The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the...more

Insurance and Reinsurance Newsletter: Claims Settlement: English Commercial Court Considers Lead Underwriter's Duties To Following...

In San Evans Maritime Inc and others v Aigaion Insurance Co SA1, the English Commercial Court considered whether the following underwriter was obliged to follow the settlement of the lead underwriter on one policy, in...more

Fourth Circuit’s Decision in Cargo Loss Case Should Be Wake-Up Call for Motor Carriers as to Limitation of Liability

Motor carriers attempting to limit their liability for shipments of cargo should take note of a recent Fourth Circuit decision, ABB Inc.v. CSX Transportation, Inc., 721 F.3d 135 (4th Cir. 2013), that found in favor of a...more

Open for investment: How Mexico is paving the way for infrastructure investors

A step-change for Mexican infrastructure - Mexico enacted its new federal public-private partnership (PPP) law, Ley de Asociaciones Público Privadas (Law on Public-Private Partnerships), in January 2012. The...more

InterConnect FLASH! No. 37 - New York: From Recently Reasonably Relaxed to Somewhat Concerned

A few weeks ago we reported in a FLASH publication about New York’s Governor signing into law the New York State Commercial Goods Transportation Industry Fair Play Act. Our assessment of the substantive content contained in...more

Common time limits for trade and shipping claims – a print-out guide

Introduction - A “limitation period” is the period of time within which court or arbitration proceedings must be commenced. Every legal claim will be subject to a limitation period, imposed either by the governing law...more

Texas Supreme Court Upholds Gas Utility's Rate Schedule Containing a Cost of Service Adjustment Clause

On January 17, 2014, the Texas Supreme Court held that the Railroad Commission of Texas (the "Commission") has the authority to adopt a gas utility rate schedule providing for automatic annual adjustments based on increases...more

Singapore High Court once again confirms its support of arbitral proceedings and the principle of Kompetenz-Kompetenz

Introduction - On 19 December 2013 the Singapore High Court handed down an important judgment in The Titan Unity [2013] SGHCR 28. The judgment is significant as it reaffirms the commitment and support of the Singapore...more

The Ambit Of EC Regulation 261/2004: Missed Flight Connections Outside The European Union

DLA Piper has been instructed to act on a number of cases for a non-EU carrier that test the scope of EC Regulation 261/2004 ("Regulation") in respect of missed flight connections outside of the EU. The first of these cases...more

Price-Fixing Executive Dealt Tough Sentence for Role in Cartel

On December 6, 2013, Frank Peake, former president of Sea Star Line LLC, was sentenced to five years in prison and ordered to pay a $25,000 fine for his role in fixing prices for rates and surcharges for freight...more

PA Tax Law News -- December 2013

In This Issue: Fuel Taxes Increased to Solve Transportation Funding Shortfall; PA Supreme Court Upholds Rejection of Township Business Privilege Tax; Unclaimed Property - Challenge to Delaware’s Auditing Procedures;...more

CASE NOTE UPDATE: Firodi Shipping Limited v Griffon Shipping LLC [2013] EWCA Civ 1567

On 10 December, The Court of Appeal upheld the judgment of Mr Justice Teare in Griffon Shipping LLC v Firodi Shipping Limited [2013] 1 Lloyd’s Rep 50, a matter involving a seller’s remedy in the event of non-payment of the...more

Florida Business Litigation Update: The Carmack Amendment Preempts Virtually Everything

The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is generally liable for the...more

Transport: New French Scheme for Information on CO2 Emissions caused by Transportation Services having France as their Origin or...

Since October 1, 2013, companies active in the transportation of goods or passengers, as well as moving companies, offering transportation services having either their origin or their destination in France are subject to an...more

The Future Development of Ports and Airports in Queensland

Recently the Queensland Government released the Queensland Ports Strategy and the Economic Directions Statement for Queensland Airports to provide these sectors and private investors information on future infrastructure...more

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