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Transportation Intellectual Property

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.
Jones Day

Driverless Vehicles on British Roads: Operating Under the Self-Driving Pilot Scheme

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The United Kingdom has opened the road to driverless commercial pilots. On 31 March 2026, the Centre for Connected and Autonomous Vehicles ("CCAV") and the Department for Transport ("DfT") published guidance on the...more

FBT Gibbons LLP

When “Interstate Commerce” Does Not Require Interstate Travel: Supreme Court Expands FAA Transportation Worker Exemption to...

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On May 28, 2026, the U.S. Supreme Court issued a unanimous decision in Flower Foods, Inc. v. Brock, clarifying the scope of the transportation worker exemption under the Federal Arbitration Act (FAA)....more

Freeman Mathis & Gary

Supreme Court expands FAA exemption for last-mile drivers, raising new arbitration risks for employers

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On May 28, 2026, the United States Supreme Court issued a unanimous decision in Flowers Foods, Inc. v. Brock, No. 24-935, clarifying that certain “last-mile” delivery drivers may fall within the Federal Arbitration Act’s...more

Tyson & Mendes LLP

Anatomy of a $12 Million Verdict—Part One: How the Apex Could Have Changed the Trajectory of a Warren County Trucking Case

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On February 5, 2026, a Warren County, New Jersey jury returned a $12 million verdict—$4 million in compensatory damages and an additional $8 million in punitive damages—against a small trucking company and its driver in the...more

CDF Labor Law LLP

SCOTUS Provides Half-Baked Good News for California Employers Enforcement of Arbitration Agreements

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For the fourth time in seven years, SCOTUS issued a narrow but unanimous opinion reiterating that the transportation worker’s exemption to compelling arbitration under the Federal Arbitration Act’s (FAA) reaches employees who...more

Paul Hastings LLP

US Supreme Court Rejects Bright Line Rule for Last-Mile Delivery Drivers in FAA Case

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On May 28, the U.S. Supreme Court decided Flowers Foods, Inc. v. Brock (24-935). The issue before the Court was whether a “last-mile” driver fell within Section 1 of the Federal Arbitration Act (the FAA) — colloquially known...more

A&O Shearman

Luxembourg adopts a new cyber and resilience framework with NIS 2 and CER laws

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Luxembourg has adopted two cornerstone laws that, together, constitute a new national cyber and resilience “arsenal”: • the law transposing Directive (EU) 2022/2555 (NIS 2) on cybersecurity - • the law transposing...more

Mintz - Energy & Sustainability Viewpoints

Washington Update: Sustainable Energy & Infrastructure — June 2026

Appropriations season is fully underway on Capitol Hill, with House lawmakers advancing a series of funding measures that collectively point to a more constrained fiscal landscape for clean energy and environmental programs...more

Gordon Rees Scully Mansukhani

Montgomery v. Caribe Transport II, LLC: A Turning Point in Freight Broker Liability

Clients in the transportation and logistics industry should be aware of a significant shift in liability exposure following a recent United States Supreme Court decision. The ruling has immediate implications for freight...more

Polsinelli

Supreme Court Expands FAA’s Arbitration Exemption to “Last-Mile” Delivery Drivers

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Key Highlights - The U.S. Supreme Court unanimously held that the FAA’s transportation worker exemption may cover last-mile delivery drivers who deliver goods that originated out of state....more

Weber Gallagher Simpson Stapleton Fires &...

Limiting Direct Corporate Exposure in Commercial Motor Vehicle Cases

Accidents happen. When accidents happen between a passenger vehicle and a commercial motor vehicle, litigation can often result. Plaintiffs’ counsel are often sophisticated and experienced in prosecuting claims, invoking...more

Knobbe Martens

Aerospace Update | May 2026

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Office of Space Commerce (“OSC”) has released a proposal for streamlining regulatory approval of novel commercial space activities. The process includes a presumption of approval with denial only for a delimited list of...more

Holland & Knight LLP

New Mexico and Hawaii Adopt Low-Carbon Fuel Programs

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Two states have adopted their own low-carbon fuel standard (LCFS) programs, signaling continued expansion of the regulatory landscape for transportation fuel providers. New Mexico's Clean Transportation Fuel Program (CTFP)...more

Holland & Knight LLP

Food Delivery Drivers Misclassification Suit Can Proceed in Court

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In a unanimous decision written by Justice Neil Gorsuch, the U.S. Supreme Court held on May 28, 2026, that a worker who transports goods on an intrastate leg of an interstate journey can be exempt from arbitration under...more

GovCon Update: FY27 NDAA, FCA Enforcement, Transportation Funding

Recent developments in government contracting include the release of the House Armed Services Committee’s draft National Defense Authorization Act (NDAA) for Fiscal Year 2027, a new Department of Justice (DOJ) initiative...more

Blake, Cassels & Graydon LLP

Spring Economic Update 2026: Key Initiatives for the Infrastructure Industry

On April 28, 2026, the Department of Finance Canada published the Spring Economic Update 2026 (Economic Update). The Economic Update is issued against a backdrop of global uncertainty tempered by national resilience. It...more

Foley Hoag LLP

Supreme Court Expands FAA Exemption to Local Delivery Drivers in Interstate Supply Chains

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Key Takeaways: The Supreme Court unanimously held that workers who deliver goods entirely within a single state may still fall within the Federal Arbitration Act’s (“FAA”) exemption for workers engaged in interstate...more

Vorys, Sater, Seymour and Pease LLP

The Supreme Court Has Spoken: What the Montgomery Decision Means (and Doesn’t) for Transportation Brokers and the Top Ten Critical...

The U.S. Supreme Court has unanimously held that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt state law claims against transportation brokers for negligent hiring of motor carriers in...more

Baker Donelson

The Supreme Court Delivers Arbitration Exemption for Local Drivers

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The Federal Arbitration Act (FAA) exempts transportation workers from arbitration agreements when they are "engaged in foreign or interstate commerce." But does "engaged in interstate commerce" cover drivers who never cross...more

Bradley Arant Boult Cummings LLP

Still Grounded: Why Rescheduling Doesn’t Mean Truckers and Pilots Can Light Up

Good news for people who don’t want their airline pilots any higher than they already are. If you’ve been following the rescheduling saga as closely as I have, you might have assumed that once President Trump signed the...more

Robinson & Cole LLP

Wisconsin Court of Appeals Addresses Potential Gap in Coverage for Delivery Driver

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Rideshare and delivery app drivers using their personal vehicles typically have coverage under two auto insurance policies: one provided through the service they are drivers for (such as Uber, Lyft or DoorDash) and their...more

Mayer Brown

Supreme Court Clarifies That “Last Mile” Transportation Workers Who Don’t Cross State Lines Can Nonetheless Be Exempt From the...

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Flowers Foods, Inc. v. Brock, No. 24-935 - INTRODUCTION - Many companies rely on the Federal Arbitration Act’s protections of the enforceability of arbitration agreements, but the FAA contains an exclusion making the...more

Amundsen Davis LLC

“Last Mile” Drivers are NOT Covered by Mandatory Arbitration Agreements

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Employers that rely on transportation workers, delivery drivers, and gig drivers may face significantly increased litigation risk following a recent U.S. Supreme Court decision. In Flowers Foods v. Brock, the Court ruled that...more

Beveridge & Diamond PC

Indirect Sources Rules in Colorado: Denver Regional Authority Moves Forward to Regulate Four Key Sectors

Key Takeaways - Denver’s Regional Air Quality Council (RAQC) is developing Indirect Source Rules (ISRs) to curb emissions from trucks and passenger vehicles by regulating facilities such as warehouses, entertainment...more

Kohrman Jackson & Krantz LLP

Supreme Court Opens Door to Negligent-Hiring Claims Against Freight Brokers

The United States Supreme Court’s unanimous decision in Montgomery v. Caribe Transport II, LLC is a significant ruling for freight brokers, motor carriers, shippers, logistics companies and businesses that rely on third-party...more

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