Freight Forwarding

News & Analysis as of

EU Court Affirms Independence of EU and National Leniency Programs

On January 20, 2016, the Court of Justice of the European Union issued a judgment reaffirming the independence of the cartel immunity and leniency regimes of the EU and member states. The ruling reasserts the obligation of...more

InterConnect - Winter 2015/2016

Out Like A Lion? The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety...more

Airfreight: Major Defeat for the European Commission

The General Court annulled the airfreight decision adopted in November 2010 by which the European Commission fined a number of air freight carriers EUR 799 million for a price fixing cartel. According to the Court, the...more

FMC Issues Final Rule Regarding Freight Forwarder and NVOCC Requirements

The U.S. Federal Maritime Commission (FMC) issued its Final Rule in FMC Docket 13-05 on Nov. 3, 2015. The Commission's October vote in favor of issuing the Final Rule concluded a multiyear review and rulemaking that largely...more

Court of Appeal Sets Aside Order for Disclosure of Unredacted Commission Decision and Orders Strike Out of Economic Tort-Based...

On 14 October 2015 the Court of Appeal (CoA) handed down its judgment on appeals against orders made by Peter Smith J arising out of an alleged cartel for airfreight services. First, the CoA said the High Court was not...more

Now You See Them—Now You Don’t: The Magic of Using FAAAA Preemption to Make a Plaintiff’s State Law Claims Disappear

Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more

InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more

InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more

Court of Appeal holds standard clause in bills of lading to be exclusive English jurisdiction clause

Hin-Pro International Logistics Ltd v Compania Sud Americana de Vapores SA [2015] EWCA Civ 401 - The Appellant Freight Forwarder commenced actions in China under 70 bills of lading, which incorporated the Respondent’s...more

Disclosure Of Confidential Version Of European Commission Decision In Follow-On Claim

In relation to a follow-on private damages action arising from an air freight cartel, the High Court recognised that when a European Commission cartel decision is disclosed, the ‘Pergan’ principle gives certain protections to...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update: November 2014

This is a brief update on recent Pennsylvania tax developments. Does New Governor Mean More Tax Reform? In the recent gubernatorial election, challenger Tom Wolf (D) defeated incumbent Governor Tom Corbett (R)....more

The (Damaged) Freight Stops Here. (But Now What Do We Do With It?) The Pitfalls Of Salvage And Damage Mitigation

Unfortunately, amongst the millions of freight shipments of all modes that occur on a daily basis, some freight does get damaged. These damages spawn freight claims, and some of them generate litigation. A defense often...more

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