Subro in Seconds VLOG - Carmack Amendment
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
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
The Federal Maritime Commission’s (FMC) newly revised tariff regulations will be effective February 1, 2024. These rule changes will somewhat significantly change day-to-day practices for both vessel operating common carriers...more
Following the Advance Notice of Proposed Rulemaking on Demurrage and Detention Billing Requirements published in the Federal Register in February, the Federal Maritime Commission (FMC or “the Commission”) notified the public...more
In light of the challenges faced by U.S. shipping interests, the Ocean Shipping Reform Act of 2022 (“OSRA 2022”) amended various statutory provisions of the Shipping Act of 1984 (“Shipping Act”), including common...more
On June 24, 2022, the Federal Maritime Commission’s Office of the General Counsel issued an opinion on the effective date of the new Ocean Shipping Reform Act of 2022 (“OSRA 2022”), Pub. L. 117-146. Per the General Counsel,...more
On June 16, 2022, President Biden signed into law the Ocean Shipping Reform Act (OSRA), bipartisan legislation aimed at providing relief to U.S. importers, exporters, freight carriers, port operators and other companies...more
Earlier this week, the U.S. House of Representatives approved the Ocean Shipping Reform Act of 2022 (OSRA 2022) in a 369-42 vote. OSRA 2022 is a bipartisan bill introduced by Senator Amy Klobuchar (D-MN) and Senator John...more
Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...more
On April 22, 2022, the Federal Maritime Commission (FMC) fined Hapag-Lloyd A.G. and its agent, Hapag-Lloyd (America) LLC (collectively referred to as "Hapag-Lloyd"), for violating § 41102(c) of the Shipping Act of 1984. The...more
The Federal Maritime Commission (FMC or the Commission) met during both open and closed session on Jan. 27, 2022, to discuss the Commission's efforts to address ocean carriers' detention and demurrage practices, as well as...more
A cloud of uncertainty hangs over the shipping industry with respect to violations of the Shipping Act - can a single act constitute a Shipping Act violation or does there have to be more pervasive or systematic conduct? But...more
In the wake of a hearing held by the Federal Maritime Commission (FMC) in January regarding detention, demurrage, and per diem charges, the FMC voted on Monday, March 5, to launch an investigation focusing on the practices of...more
Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more
The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more
The U.S. Federal Maritime Commission (FMC) issued its Notice of Proposed Rulemaking (NPR) in FMC Docket 16-04 on Aug. 15, 2016. The FMC's July 2016 vote in favor of issuing the NPR advances a multiyear regulatory review....more