New changes went into effect on February 15, 2024, for imports of low-value items under a program that has gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (CBP) published...more
Motor carriers and equipment manufacturers are closely watching federal and California Air Resources Board (CARB) developments in the future of vehicle emissions. The headline has long been that a transition from internal...more
Many shippers and service providers are looking toward the upcoming ocean carrier bid season while still reeling from the effects of the global pandemic. It is not uncommon to identify colorable claims against any number of...more
Double brokering has emerged as a hot topic in this era of supply chain fraud, hostage loads, and cargo theft. The term “double brokerage” is used sweepingly as a reference to a wide range of operational practices where the...more
Government reporting contains no shortage of signals that threat actors, including traditional terroristic actors, are eager to disrupt global shipping and supply chains. This threat environment of frequent negative headlines...more
3/12/2024
/ Airlines ,
Aviation Industry ,
Compliance ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
National Security ,
Risk Assessment ,
Risk Mitigation ,
Screening Procedures ,
Security Standards ,
Shipping ,
Supply Chain ,
Terrorist Threats ,
TSA
On February 26, 2024, the Federal Maritime Commission (“FMC”) published its long-awaited final rule (the “Final Rule”) establishing various regulations governing the imposition of demurrage and detention. The Final Rule will...more
New changes went into effect today for a testing program for low-value imports which have gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (“CBP”) published these changes...more
The Federal Maritime Commission (“FMC”) issued a Final Rule in FMC Docket No. 21-03 amending its Carrier Automated Tariffs regulations under 46 CFR Part 520, effective on February 1, 2024. (89 FR 25). The amendments aim to...more
The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) is accepting comments through December 4, 2023 regarding forty-six (46) topics for proposed updates to the Hazardous...more
Cybersecurity vulnerability is emerging as a top-of-mind issue for transportation and logistics service providers, regulators, and criminals alike. Recent years have yielded headline-worthy ransomware attacks on domestic...more
Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of...more
9/18/2023
/ Code of Federal Regulations (CFR) ,
Competitive Bidding ,
Compliance ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
General Solicitation ,
Government Agencies ,
Subcontractors ,
System For Award Management (SAM) ,
Transportation Industry ,
Vendors
We regularly receive questions about motor carrier liability under the Carmack Amendment. This standard has been ubiquitous with interstate motor carriage since its enactment in 1906. Still, misunderstandings abound and can...more
9/15/2023
/ Burden of Proof ,
Commercial Truck Drivers ,
Common Law Claims ,
Defense Strategies ,
Filing Requirements ,
Liability ,
Motor Carriers ,
Negligence ,
Risk of Loss ,
Shipping Cargo ,
Trucking Industry
Anti-boycott rules are one of the lesser raised issues across clients involved in international trade or in servicing those movements, but the issue does arise. The rules originated in the Export Administration Act of 1979...more
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
9/14/2023
/ Air Carriers ,
Boycotts ,
Complaint Procedures ,
Corporate Liability ,
Defense Strategies ,
DFARS ,
Dodd-Frank ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Montreal Convention ,
Motor Carriers ,
Rest and Meal Break ,
Warsaw Convention
A number of developments in international ocean shipping have emerged following the enactment of the Ocean Shipping Reform Act of 2022 (OSRA) last year. The U.S. Congress sought to arm the Federal Maritime Commission (FMC)...more
Federal regulators—as well as the marketplace itself—have been scrutinizing the role of certain types of “transportation intermediaries” in the industry. One point of focus has been the role of longstanding models such as...more
Our team’s passion for the transportation and logistics industry is driven in part by the undeniably practical, tangible, real-world nature of the work. Having a deep bench of attorneys who focus exclusively on transactional...more
In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to...more
4/3/2023
/ Biometric Information ,
Congressional Investigations & Hearings ,
Customs ,
Customs and Border Protection ,
Logistics ,
Proposed Legislation ,
Railroads ,
Railways ,
Train Accidents ,
Trains ,
Transportation Industry
Enforcement action by U.S. Customs and Border Protection (CBP) is not uncommon even for the most diligent of importers or service providers. CBP may issue a Notice of Penalty in circumstances where it believes a violation...more
U.S. Customs and Border Protection (CBP) serves both a revenue-generating function within the federal government and also a protective function to guard consumers, domestic industry, and national security. In doing so, CBP...more
The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of...more
In a regulatory victory, interstate household goods movers recently saw the universe of required paperwork reduce by one key document. In 2017, the Federal Motor Carrier Safety Administration (FMCSA) convened a Federal...more
The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of...more
11/15/2022
/ Climate Change ,
Connected Cars ,
Corporate Governance ,
Customs and Border Protection ,
Cybersecurity ,
Electric Vehicles ,
Environmental Social & Governance (ESG) ,
FMCSA ,
Logistics ,
Military Conflict ,
Offers in Compromise ,
Public Comment ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Restrictions ,
Transportation Industry ,
US Trade Policies
Enforcement actions by U.S. Customs and Border Protection (CBP) are increasingly more intensive and less lenient than in the past based on our experience. It is not uncommon in today’s regulatory enforcement landscape for...more
11/15/2022
/ Anti-Dumping Duty ,
Countervailing Duties ,
Customs and Border Protection ,
Duties ,
Enforcement ,
Enforcement Actions ,
Importers ,
Imports ,
Liquidated Damages ,
Offers in Compromise ,
Tariff Act of 1930