Shipping

News & Analysis as of

UPS Tests Drones for Autonomous Package Delivery

On February 20, 2017, UPS and Workhorse Group, an Ohio-based battery-electric truck and drone developer, successfully conducted a test that launched a drone from the top of a UPS truck, which then autonomously delivered a...more

The Uncertain Legal Future of Wine Direct Shipping by the Retail Tier

The Supreme Court of the United States’ 2005 decision in Granholm v. Heald, which required states allowing their own wineries to direct-ship to consumers to also grant such privileges to out-of-state wineries, marked the...more

Within Port Limits

In this case the Commercial Court considered the meaning of “within port limits” in the context of a charterparty on an amended Gencon 94 form which provided that: “[Notice of readiness] to be tendered at both ends even...more

Prison sentence for avoiding English freezing and disclosure order

The English Court has made an order sentencing the director and shareholder of a company operating from China to 18 months' imprisonment for failing to comply with a disclosure order made ancillary to a Worldwide Freezing...more

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more

Donald Trump and Shipping: What to Expect

The election of Donald J. Trump as President of the United States took many by surprise. Of additional import to the industry, the Republican Party has maintained control of the House of Representatives and the Senate,...more

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

International Maritime Treaties Recognition and Trump: Protectionist or Progressive?

Much has been theorized in the past two months concerning whether the Trump Administration will follow through on President-Elect Donald Trump's campaign pledge to "rip up" international trade deals such as the North American...more

Global Cybersecurity Threats to the Maritime Sector

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 16 CI sectors, including transportation and maritime – continue to grow exponentially. The incoming Trump Administration has made it clear that...more

Oil Pipeline Rate Regulation under Review by FERC – Is There a Place for the Consumer Voice?

Oil pipeline rates must be just and reasonable and may be challenged by their customer shippers and the Federal Energy Regulatory Commission (FERC) under the Interstate Commerce Act (ICA). FERC has observed through monitoring...more

Sailing with the Trump Transition: Cargo, Cabotage and Maritime Infrastructure in 2017

Once he assumes office on Jan. 20, 2017, President-Elect Donald Trump will be responsible for managing a mix of cargo preference, ship documentation, cabotage, and related rules and laws dating back to the First Congress,...more

Maritime Greenhouse Gas Emissions – Legal Update

In our April update on this subject, we reported on the outcome of the sixty-ninth meeting of the Marine Environmental Protection Committee (MEPC) of the International Maritime Organization (IMO) (MEPC 69) and on what to...more

Maritime Cybersecurity Inland and Offshore – Avoiding “Paid Spies and Secret Confidential Agents on the Water of the Devil” and...

The past eighteen to twenty-four months have seen a tectonic shift of focus (as well as a plethora of industry-generated white papers) by virtually every governmental regulatory entity, NGO, and industry group in the maritime...more

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

NIST and USCG Issue New Maritime Industry Cybersecurity Profile

In 2013, President Obama issued Executive Order 13636 and directed the Director of the National Institute of Standards and Technology (NIST) to “lead the development of a framework to reduce cybersecurity risks to critical...more

New Cybersecurity Profile Issued for Maritime Industry on Transfer of Hazardous Liquids in Ports

The National Institute of Standards and Technology (NIST) has teamed up with the United States Coast Guard(USCG) and private industry to issue a new cybersecurity document that will assist the maritime industry in securing...more

Does a shipowner have to sell its ship in order to mitigate its loss?

The greatly anticipated Supreme Court judgment on the New Flamenco is due to be heard later this year. The decision will address principles of mitigation and the assessment of damages for repudiatory breach of a time...more

October 2016 Independent Contractor Misclassification and Compliance News Update

Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

Sulphur emissions to be further capped by 2020

The International Maritime Organisation (IMO) has confirmed that new a global cap on the sulphur content in shipping fuel will be introduced on 1 January 2020. Since 1 January 2012, the global limit has been 3.5% mass/mass...more

New Round of Cuba Sanctions Changes Expand Opportunities for Health Sector

Key Points - - OFAC’s latest changes expand opportunities for U.S. persons to engage in medical research with Cuban nationals, authorize U.S. persons to obtain FDA approval of Cuba-origin pharmaceuticals, and market...more

Hot Pocket: Samsung Galaxy Note 7 Recall Highlights Risk of Lithium Batteries During Air Transportation

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

English Court confirms that package limitation under the Hague Rules excludes a bulk cargo

A recent decision provides authority for the broadly accepted understanding that a “unit”, for the purposes of limitation under Article IV Rule 5 of the Hague Rules, cannot apply to a bulk cargo – it can only mean a physical...more

Setting The Table - October 2016: The Buck Starts Here - What Shippers and Brokers Must Do to Comply with FSMA’s Sanitary...

In Spring 2016, the FDA released its long-awaited Final Rule on Sanitary Transportation of Human and Animal Food (the “Rule”). The regulation, which constitutes one of seven final rules implementing the Food Safety and...more

EPA Report Addresses Voluntary Strategies for Reducing Air Pollution at U.S. Ports

As part of its initiative to reduce air pollution and greenhouse gases at U.S. ports, the EPA recently released a report that assesses strategies for pollution control and sustainable growth. The “National Port Strategy...more

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Cybersecurity

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