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Shipping Cargo Shipping Common Carriers

Benesch

FMC Final Rule on “Refusal to Deal or Negotiate” Effective Sept. 23, 2024

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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

Benesch

FMC Dispute Resolution: A Guide for Using CADRS to Resolve Ocean Carriage Disputes

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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

Venable LLP

Freight Forwarders and Common Carriers: As You Look Ahead to 2024, Do You "Know Your Cargo"?

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As federal regulators have recently made clear, steamship lines, non-vessel-operating common carriers, indirect air carriers, freight forwarders, and others involved in the global movement of cargo must ensure that their...more

Husch Blackwell LLP

New Federal Maritime Commission Rules Introduce Significant Changes for Carriers and Shippers

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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

Braumiller Law Group, PLLC

[Webinar] Agricultural Cargo Security Is In Your Hands - January 24th, 9:30 am - 10:30 am CST

In this one-hour training, you'll learn how to exercise the power you have to help secure our nation's supply chain across all modes of transportation and types of cargo. Even those not participating in the CTPAT program need...more

Venable LLP

FMC Proposes Expanded Demurrage and Detention Invoice Requirements, Time Frames for Billing, and More in Notice of Proposed...

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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

Venable LLP

OSRA 2022 Update: Federal Maritime Commission Issues Notice of Proposed Rulemaking and Seeks Public Comment on Defining...

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​​​​​​​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

Venable LLP

Carriers and Other Regulated Entities, Beware: Ocean Shipping Reform Act of 2022 Effective Immediately

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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

Faegre Drinker Biddle & Reath LLP

Ocean Shipping Reform Act Signed Into Law

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

Venable LLP

President Biden Signs the Ocean Shipping Reform Act of 2022 into Law

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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

Benesch

InterConnect Newsletter - Spring 2022

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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

Holland & Knight LLP

FMC Releases Final Fact Finding Recommendations, Stresses Mutually Enforceable Contracts

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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

Venable LLP

FMC Fines Ocean Common Carrier for Unreasonable Detention Charges

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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

Woods Rogers

Marine Salvage and the Sinking of M/V Felicity Ace

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Last week’s news of the sinking of roll-on roll-off car carrier M/V Felicity Ace provides a unique opportunity to illustrate and distinguish the two major types of marine salvage – pure salvage and contract salvage – and the...more

Holland & Knight LLP

Federal Maritime Commission Continues to Grapple with Detention and Demurrage Issues

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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

Robinson+Cole Data Privacy + Security Insider

Voyage of Autonomous Ship in Japan; First to Set Sail in Area with Heavy Marine Traffic

In 20 years, could it be possible that 50 percent of all domestic ships on Japan’s coastal waters will be piloting themselves? Absolutely. A public interest organization in Japan, the Nippon Foundation, seeks to accomplish...more

Benesch

Fairness From the FMC is on the Horizon

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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

Holland & Knight LLP

The Age-Old Question Revisited: When Is a Container Considered a Package Under COGSA?

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Just when we thought the question of “What Is a Package?” had been addressed ad nauseum, the United States District Court for the Southern District of New York took another look at the issue....more

Holland & Knight LLP

Shippers, Freight Forwarders, NVOCCs and Carriers' Maritime Incident Warning Signs - Lessons Learned and Action Items for In-House...

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Despite the alleged softening of the maritime industry since 2008-09, the volume of waterborne trade continues to rise. The ebbs and flows of the industry mean changing partnerships and alliances, more complicated logistics...more

Holland & Knight LLP

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

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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

Holland & Knight LLP

International Maritime Treaties Recognition and Trump: Protectionist or Progressive?

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Much has been theorized in the past two months concerning whether the Trump Administration will follow through on President-Elect Donald Trump's campaign pledge to "rip up" international trade deals such as the North American...more

Holland & Knight LLP

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

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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

Holland & Knight LLP

FMC Proposes New Rules for Ocean Common Carriers and Marine Terminal Operators

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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

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