Holland & Knight LLP

Trump Administration Could Ratify Montreal Protocol 2014 Addressing Unruly Airline Passengers

Unruly passenger incidents on commercial aircraft are an endemic problem for the airline industry. Such incidents threaten the safety and security of all on board, disrupt operations and result in significant economic losses to…more
| Elections & Politics, Transportation

United Kingdom Will Gain With Trade Deal Under Trump Administration

It is not only in the United States that people are taking an interest in a Trump presidency. The rest of the world also eagerly awaits how the new Trump Administration will affect them. This is particularly the case in the…more
| Elections & Politics, International Law & Trade

President Trump, the Ex-Im Bank and Aircraft Finance

The Export-Import Bank of the United States has been embroiled in a considerable amount of political controversy in recent years. Created in 1934 by a presidential executive order to finance and facilitate the export of U.S…more
| Elections & Politics, Finance & Banking, International Law & Trade, Transportation

Is the Proposed Safety Fitness Determination Rule in Jeopardy?

The Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) in the Federal Register on Jan. 21, 2016, designed to enhance the agency's ability to identify non-compliant motor…more
| Transportation

Railroads May Benefit if Trump Keeps Promise to Energize Coal Industry

Most U.S. railroad industry stock rose in the immediate aftermath of Donald Trump's election as president. Optimism surrounding railroad stock may be driven in part by the prospect of a resurgence of the coal industry, since one…more
| Elections & Politics, Energy & Utilities, Transportation

Carriers Advocate for Data-Driven Regulations

Freight carriers of all modes ­– rail, truck, water, air and pipeline – are all in the business of moving cargo for compensation and thus share many similar goals. Furthermore, cargo is often moved in multiple modes in its…more
| Commercial Law & Contracts, Elections & Politics, Transportation

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined…more
| Environmental Law, Indigenous Peoples, Zoning, Planning & Land Use

Will Trump Relax DOJ's Enforcement of Antitrust Laws?

The Obama Administration has made enforcement of the antitrust laws a priority and has aggressively pursued criminal and civil enforcement actions against large corporations for perceived antitrust violations relating to…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Elections & Politics

West Coast Real Estate Update: January 2017

Proposed Landmark Rules Could Make LA Redevelopment More Difficult - Los Angeles City Council Member Jose Huizar has proposed a new set of rules that could make it more difficult for owners of historic properties in Los…more
| Construction Law, Elections & Politics, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private…more
| Conflict of Laws, Elections & Politics, Labor & Employment Law, Transportation

NAFTA Discussions May Alter New Rule on Lease of Equipment by Mexican Carriers

It is common knowledge that a major platform of President-Elect Donald Trump's campaign was the need to renegotiate the terms of the North American Free Trade Agreement (NAFTA) with Mexico and Canada. Thus, it leaves open the…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Transportation

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and…more
| Civil Procedure, Constitutional Law, Science, Computers, & Technology, Transportation

Rail Issues Before the New Administration

There was a plenty of rail-related activity during the 114th Congress and the last two years of the Obama Administration. Amtrak and the Surface Transportation Board (STB) were reauthorized with major changes to Amtrak's funding…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Transportation

Port Authority of New York and New Jersey to Settle SEC Disclosure Law Violations - Agrees to Admit Wrongdoing and Pay Penalty for Omitting Risk Disclosures

The U.S. Securities and Exchange Commission (SEC) announced on Jan. 10, 2017, that the Port Authority of New York and New Jersey (Port Authority) agreed to admit wrongdoing and pay a $400,000 penalty in connection with…more
| Commercial Law & Contracts, Finance & Banking, Securities Law, Transportation

New York Department of Financial Services Revises Proposed Cybersecurity Rule

The New York Department of Financial Services (NYDFS) recently issued a revised proposed regulation seeking to add its own mandate of cybersecurity requirements to those already in existence for banks, insurance companies and…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Insurance, Science, Computers, & Technology
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