As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues...more
In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more
As most readers are aware, Hanjin Shipping Co. Ltd. (“Hanjin”) commenced insolvency proceedings in South Korea on August 31, 2016. Shippers, motor carriers, transportation intermediaries, and others are scrambling to react...more
Introduction: Carmack Boundaries and the Blurring of Unloading Functions -
Under the Carmack Amendment, a carrier is liable for the actual loss of goods which “arrive” damaged 49 U.S.C. §4706(a)(1). But when does that...more
Out Like A Lion?
The waning weeks of calendar year 2015 witnessed a remarkable convergence of regulatory and legislative activity affecting the transportation industry. For instance, the Federal Motor Carrier Safety...more
1/8/2016
/ Chapter 15 ,
Commercial Truck Drivers ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Food and Drug Administration (FDA) ,
Freight Forwarding ,
FSMA ,
NVOCCs ,
Reporting Requirements ,
Subcontractors ,
Trade Credit
Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more
10/19/2015
/ Airline Deregulation Act ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Employee Retirement Income Security Act (ERISA) ,
Federal Aviation Administration (FAA) ,
Freight Forwarding ,
Preemption ,
State Law Claims ,
Surface Transportation ,
Treble Damages ,
Unfair or Deceptive Trade Practices
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/27/2015
/ Commercial General Liability Policies ,
Commercial Truck Drivers ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Maritime Transport ,
Motor Carrier Act ,
Motor Carriers ,
Shipping Cargo ,
Trucking Industry ,
Wage and Hour ,
Waterborne Freight Transportation
Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more
8/5/2015
/ Brokers ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Admiralty Law ,
FedEx ,
Freight Forwarding ,
Independent Contractors ,
Infrastructure ,
Misclassification ,
Motor Carriers ,
Trucking Industry
Will Rogers once quipped that “I don’t make jokes; I just watch the Government and report the facts.” While most Americans can probably identify with that observation to one extent or another, the government unquestionably...more
Federal and state law have long established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight damage, loss, or delay in question. This “Act of God” defense is available...more
TECHNOLOGY increasingly forms an essential component of every sophisticated warehousing and logistics operation. The prudent development and use of such technology (including, but not limited to, warehouse management...more
"You might be a borker if ....” While his jokes draw laughs by capitalizing on a person’s lack of self-awareness, a business that unwittingly engages in transportation brokerage is anything but a laughing matter.
Federal...more