Recent headlines about President Trump’s Executive Order on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” (“EO”) raised questions across the trucking industry and in the media....more
Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead -
The role of independent contractor owner-operators (ICOOs) in the trucking industry has a long...more
2/21/2025
/ Air Carriers ,
Artificial Intelligence ,
Background Checks ,
Credit Checks ,
Criminal Background Checks ,
Employee Credit Checks ,
Employment Contract ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Independent Contractors ,
Labor Regulations ,
Motor Carriers ,
Supply Chain ,
Trump Administration ,
Warehouses
On February 18, 2025, the Federal Motor Carrier Safety Administration (“FMCSA”) granted a request to reopen the comment period for its Broker Transparency Notice of Proposed Rulemaking (“NPRM”) originally published at 89 FR...more
Within hours of his inauguration, President Donald Trump signed an Executive Order titled “Unleashing American Energy.” This Executive Order contained several provisions that significantly shift current policies and...more
2/3/2025
/ CARB ,
Climate Change ,
Critical Infrastructure Sectors ,
Electric Vehicles ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Tax Credits ,
Trump Administration
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 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
Breathe In That Rocky Mountain Air: Motor Carriers, Brokers, Freight Forwarders, and Private Fleets Operating in Colorado Face November 30, 2024 Deadline to Comply with State’s New Emissions Reporting Requirements and Avoid...more
11/18/2024
/ Air Quality Standards ,
Brokers ,
Carbon Emissions ,
Climate Change ,
Compliance ,
Compliance Dates ,
Environmental Policies ,
Freight Forwarding ,
Motor Carriers ,
Reporting Requirements ,
Transportation Industry
California legislators and regulators continue to create various challenges for warehouse owners and operators throughout the Golden State. Two recent developments in particular serve as stark reminders to owners and...more
11/7/2024
/ Building Standards ,
Carbon Emissions ,
Citations ,
Compliance ,
Enforcement Actions ,
Governor Newsom ,
Heavy Equipment ,
New Legislation ,
New Regulations ,
Regulatory Violations ,
SCAQMD ,
Setback Rules ,
Warehouses
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
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
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
On February 26, 2024, the FMC issued its final rule on detention and demurrage billing requirements. On February 27, 2024, our team outlined the practical impact that the Final Rule will have in the article: “A Whole New...more
5/21/2024
/ Common Carriers ,
Detention ,
Federal Maritime Commission ,
Fee Disputes ,
Final Rules ,
Invoices ,
Maritime Transport ,
OMB ,
Ports ,
Shipping ,
Vessels
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
As March Madness gets underway, a California federal judge has called a flagrant foul and ejected the trucking industry from its ongoing battle to challenge Assembly Bill No. 5 (“AB5”)....more
3/18/2024
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Preemption ,
State Labor Laws ,
Teamsters ,
Trucking Industry ,
Wage and Hour
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
Beginning January 1, 2024, California intrastate motor carriers and drivers will be required to use an electronic logging device (“ELD”) as generally required by the federal ELD regulations adopted under 49 CFR § 395, Subpart...more
In a victory for motor carriers and responsible freight intermediaries, on November 16, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced a final rule that will ensure that freight brokers and surface...more
UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023.
The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more
The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking (“APRNM”) and request for comment on Thursday, August 29, 2023, in efforts to fulfill the Motor Carrier Safety Act...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
Providers and commercial users of transportation services necessarily rely upon the predictability and uniformity afforded by national laws and regulations to support the efficient and reliable supply chains that are so...more
The freight brokerage industry began humming Meat Loaf’s 1977 power ballad earlier today when the U.S. Court of Appeals for the Seventh Circuit became the third federal appellate court to consider the extent to which...more
7/19/2023
/ Appellate Courts ,
Brokers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Freight Forwarding ,
Motor Carriers ,
Negligence ,
Preemption ,
Regulatory Requirements ,
Split of Authority ,
Transportation Industry ,
Wrongful Death
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
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
Effective development and deployment of innovative technology is often a key differentiator among providers of transportation and logistics-related services. Of course, innovation can also create certain risks that must be...more