Negotiations between the International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) are set to resume this week – just days before a January 15, 2025 resolution deadline before the ILA may...more
1/8/2025
/ Collective Bargaining ,
Compliance ,
Contract Terms ,
Exporters ,
Importers ,
Labor Reform ,
Labor Relations ,
Longshoremen ,
Ports ,
Strike ,
Supply Chain ,
Unions
Higher tariffs are coming for some domestic importers even before President-Elect Trump’s inauguration on January 20, 2025. Our team has been reporting throughout the year on the Biden Administration’s recent use of the...more
The limitation of liability for cargo that is lost or damaged during international air transportation will increase on December 28, 2024, from 22 Special Drawing Rights (“SDRs”) per kilogram to 26 SDRs per kilogram....more
The regulatory environment is top of mind these days coupled with speculation over potential change. Any attention paid to our obligations for safe and lawful operation is positive as we strive for compliance by our companies...more
12/2/2024
/ Commerce Clause ,
Commodities ,
Compliance ,
Department of Transportation (DOT) ,
FMCSA ,
Food and Drug Administration (FDA) ,
FSMA ,
Hazardous Substances ,
IFTA ,
Interstate Commerce ,
Motor Carriers ,
PHMSA ,
Registration Requirement ,
Regulatory Agencies ,
Regulatory Authority ,
Sales & Use Tax ,
Transportation Brokerage ,
Transportation Industry
President-Elect Trump campaigned on the promise to increase tariffs on imports to the United States. Shortly after the election he announced significant tariffs on goods from the three largest trading partners: China, Mexico,...more
11/27/2024
/ Canada ,
China ,
Importers ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
Section 301 ,
Supply Chain ,
Tariff Act of 1930 ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trade Relations ,
Trading with the Enemy Act ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The Federal Motor Carrier Safety Administration (“FMCSA”) issued a Notice of Proposed Rulemaking (“NPRM”) on November 20, 2024,titled Transparency in Property Broker Transactions (89 FR 91648). ...more
11/22/2024
/ Brokers ,
Disclosure Requirements ,
FMCSA ,
Motor Carrier Act ,
Motor Carriers ,
NPRM ,
Proposed Rules ,
Regulatory Requirements ,
Shipping ,
Transparency ,
Transportation Industry ,
Trucking Industry
Traditionally, the bill of lading (“BOL”) is a basic transportation contract between shipper and carrier. It’s importance under today’s laws is established in the first sentence of the Carmack Amendment at 49 USC § 14706....more
Force majeure contract provisions and force majeure notices have been top of mind more times in recent memory than we care to count. The recent short-lived port strike, two devastating hurricanes, and the Francis Scott Key...more
Combatting forced labor is growing from aspiration of company boards to a mission-critical focus impacting day-to-day operations. Companies with global footprints are not alone in witnessing acute compliance and reputational...more
11/6/2024
/ Compliance ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Human Rights ,
Imports ,
Modern Slavery Act ,
Multinationals ,
Pending Legislation ,
Popular ,
Rebuttable Presumptions ,
Reputation Management ,
Risk Management ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Global transportation and logistics services can amount to some of the largest expenses, and even the largest single contracts by spend, for enterprises with high traffic volumes. Among mature buyers and sellers of goods the...more
The International Longshoremen’s Association (“ILA”) ended a three-day strike at certain East Coast and Gulf Ports until January 15, 2025. If a new contract is not finalized with the U.S. Maritime Alliance (“USMX”) then...more
11/5/2024
/ Labor Disputes ,
Logistics ,
Longshoremen ,
National Security ,
Ports ,
Shipping ,
Shipping Cargo ,
Strike ,
Supply Chain ,
Taft-Hartley Act ,
Unions
We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many...more
11/4/2024
/ Air Cargo ,
Audits ,
Brokers ,
Department of Transportation (DOT) ,
Federal Contractors ,
Federal Maritime Commission ,
Logistics ,
National Security ,
Shipping ,
Shipping Cargo ,
Small Business ,
Supply Chain ,
Transportation Industry
U.S. Customs and Border Protection (“CBP”) announced today that individually licensed customs brokers may begin completing continuing education courses on January 1, 2025 (89 FR 87387). Failure to comply risks suspension or...more
International laws for cargo liability impact the way enterprises procure transportation and logistics services, the contracts under which those services are purchased, the process for claims adjudication, and the liability...more
You just received a demand that you must pay an unknown party to receive your cargo—NOW WHAT? Shippers and brokers too frequently receive payment demands for transportation services that far exceed contracted amounts or any...more
The Federal Maritime Commission ( FMC) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space accommodations...more
10/31/2024
/ Exports ,
Federal Maritime Commission ,
Final Rules ,
Good Faith ,
Maritime Transport ,
Market Participants ,
Negotiations ,
Shipping ,
Shipping Cargo ,
Trade Relations ,
Transportation Industry ,
Vessels
Applause can be heard from diverse sectors of private industry as the U.S. Congress redoubles its resolve against threats in the supply chain. New bills introduced in recent months target supply chain challenges at home and...more
10/31/2024
/ Department of Homeland Security (DHS) ,
Distribution Centers ,
Distributors ,
Fraud ,
Logistics ,
Manufacturers ,
National Security ,
Organized Crime ,
Proposed Legislation ,
Shipping Cargo ,
Supply Chain ,
Theft ,
Transportation Industry ,
Warehouses
Service providers fulfill a range of lesser-known regulated activities to accomplish international and air cargo movements. Some of the less frequently utilized roles available under U.S. Customs and Border Protection (CBP)...more
The United States Supreme Court recently brought to a close 40 years of “Chevron deference” and its guidance for legal interpretation of certain federal agency decision-making authority. In two instances, the United States...more
10/30/2024
/ Administrative Agencies ,
Chevron Deference ,
Clean Air Act ,
Congressional Committees ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Logistics ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
SCOTUS ,
Statutory Interpretation ,
Statutory Requirements ,
Transportation Industry
The trucking industry recently received 450 million reasons to pay closer attention to best practices for trailer safety and the business relationships involving trailer use. On September 5, 2024, plaintiffs suing trailer...more
10/30/2024
/ Commercial Contracts ,
Commercial Leases ,
Equipment Lease ,
FMVSS ,
Jury Verdicts ,
Leases ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Risk Mitigation ,
Transportation Industry ,
Wrongful Death
U.S. supply chain security is increasingly under threat. The White House’s National Security Strategy describes this moment as an inflection point. Many federal agencies have taken charge in elevating the very concept of...more
10/30/2024
/ Biden Administration ,
Critical Infrastructure Sectors ,
Customs and Border Protection ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Economic Sanctions ,
Export Controls ,
Infrastructure ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PHMSA ,
Security Risk Assessments ,
Supply Chain ,
Terrorist Threats ,
TSA
The International Longshoremen’s Association (“ILA”) will have no contract if the current terms expire on September 30, 2024, without a new deal. ILA representatives have indicated that a strike is imminent on October 1,...more
9/24/2024
/ Exporters ,
Importers ,
Labor Disputes ,
Logistics ,
Longshoremen ,
Manufacturers ,
National Security ,
Ports ,
Retailers ,
Shipping ,
Shipping Cargo ,
Strike ,
Supply Chain ,
Taft-Hartley Act ,
Unions
Duty-free imports of low-value goods under the Section 321 program will soon face significant restrictions under rulemaking signaled by the Biden Administration. ...more
9/23/2024
/ Biden Administration ,
China ,
Consumer Product Safety Commission (CPSC) ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Duty Free ,
Executive Orders ,
Health and Safety ,
Importers ,
Imports ,
National Security ,
NPRM ,
Section 321 ,
Supply Chain ,
Textiles ,
US Trade Policies
The importing community received long-awaited clarity in plans for new Section 301 customs duties on Chinese goods this last Friday, September 13. The Office of the US Trade Representative ("USTR") released the final text of...more
9/17/2024
/ China ,
Effective Date ,
Federal Register ,
Importers ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space...more