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
Yet again the ocean freight bid season is unfolding against a backdrop of uncertainty. The 2024 season brings a confluence of economic, geopolitical, trade, and industry-related issues that have created a complex environment...more
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...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
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
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
Beneficial cargo owners have faced well-reported challenges in recent bid seasons. Two plus years of global pandemic unleashed supply and capacity interruption, carrier lane divergence, and an explosion in rates as well as...more
6/16/2022
/ Common Carriers ,
Drug & Alcohol Abuse ,
Insurance Claims ,
Manufacturers ,
NHTSA ,
Section 301 ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
USTR
Beneficial cargo owners have faced well-reported challenges in recent bid seasons. Two plus years of global pandemic unleashed supply and capacity interruption, carrier lane divergence, and an explosion in rates as well as...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
On December 28, 2019, the limitation of liability for cargo lost or damaged during international air transportation between countries that are signatories to the Montreal Convention (the “Convention”) will increase from 19...more
“It Was A Very Good Year” (For Freight Brokers) -
Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for...more
11/19/2018
/ Brokers ,
Buyers ,
Commerce Clause ,
Contract Claims ,
Imports ,
International Freight ,
International Treaties ,
Letter of Credit ,
Preemption ,
Public Procurement Policies ,
Sellers ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
Wrongful Death
Global supply chains present unique opportunities for large shippers and their lenders to negotiate credit agreements. Lending against in-transit freight, in particular, allows a shipper to expand its asset base to include...more
We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more
3/16/2018
/ Administrative Appointments ,
Bodily Injury ,
Contract Negotiations ,
Exports ,
Food Manufacturers ,
Freight Forwarding ,
Manufacturers ,
Shipping Cargo ,
Surface Transportation ,
U.S. Commerce Department ,
UPS
Airlines and air forwarders are changing their global relationship for the first time in decades with the launch of a new International Air Transport Association (IATA) and International Federation of Freight Forwarders’...more
The receipt, storage, and handling of sensitive shipper data occurs, often frequently and in real-time, alongside the flow of goods. Commercial shippers are well aware of the supply chain security risk to the materials and...more