The Federal Motor Carrier Safety Administration (FMCSA) issued an internal agency enforcement policy on May 20, 2025 (the Policy), outlining its approach to English language proficiency (ELP) for commercial motor vehicle...more
6/16/2025
/ Brokers ,
China ,
Commercial Truck Drivers ,
Common Carriers ,
FMCSA ,
Manufacturers ,
Motor Carriers ,
New Regulations ,
Safety Standards ,
Tariffs ,
Transportation Industry
The transportation and logistics sector has always been one that is heavily regulated, both by pertinent federal agencies and by various state agencies. Although there is now a movement for selected deregulation by DOT, the...more
6/13/2025
/ Code of Federal Regulations (CFR) ,
Corporate Liability ,
Department of Transportation (DOT) ,
Deregulation ,
FMCSA ,
Freight Forwarding ,
Liability ,
Regulatory Agencies ,
Regulatory Standards ,
Safety Standards ,
Shipping ,
Transportation Brokerage ,
Transportation Industry
In this era of driver and employee shortages, employers of all kinds - motor - carriers, freight intermediaries and shippers, should be aware of a byzantine array of federal statutes that could confer liability upon them,...more
2/21/2025
/ Background Checks ,
Commercial Truck Drivers ,
Credit Reports ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Freight Forwarding ,
Motor Carriers ,
Privacy Laws ,
Risk Management ,
Shipping ,
Transportation Industry
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
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. ...more
10/30/2024
/ Affirmative Defenses ,
Attorney's Fees ,
Breach of Contract ,
Commercial Contracts ,
Confidential Information ,
Contract Terms ,
Corporate Liability ,
Damages ,
Good Faith ,
Logistics ,
Misappropriation ,
Tortious Interference ,
Trade Secrets ,
Transportation Industry
Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more
7/15/2024
/ Agents ,
Bodily Injury ,
Brokers ,
Commercial Insurance Policies ,
Commercial Truck Drivers ,
Corporate Liability ,
Independent Contractors ,
Liability ,
Motor Carriers ,
Transportation Industry ,
Trucking Accident ,
Trucking Industry
Reptile theory litigation tactics and commensurate nuclear verdicts have become a recurring problem for motor carriers, transportation brokers, and now, even shippers in high-stakes, catastrophic casualty litigation. There...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
The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of...more
11/15/2022
/ Climate Change ,
Connected Cars ,
Corporate Governance ,
Customs and Border Protection ,
Cybersecurity ,
Electric Vehicles ,
Environmental Social & Governance (ESG) ,
FMCSA ,
Logistics ,
Military Conflict ,
Offers in Compromise ,
Public Comment ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Restrictions ,
Transportation Industry ,
US Trade Policies
As many are aware, the Nuclear Verdict phenomenon (a “nuclear verdict” is described as a verdict of $10 million or more) - by which plaintiffs’ personal injury counsel, propagating a sophisticated yet simultaneously...more
As many in the industry are aware, we are now in, and have been for over a decade, the era of the transportation contract. More and more shipments, shipment schematics, and overall transportation relationships are governed by...more
One effect of the COVID-19 pandemic is the renewed need for transportation providers to consider strengthening operating platforms by expanding into new markets, integrating new offerings or adjacent services, or growing the...more
11/10/2020
/ Acquisitions ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Contract Terms ,
Coronavirus/COVID-19 ,
Country of Origin ,
Customs and Border Protection ,
Directorate of Defense Trade Controls (DDTC) ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Mergers ,
Office of Foreign Assets Control (OFAC) ,
Self-Disclosure Requirements ,
Transportation Industry ,
Voluntary Disclosure
Even prior to the COVID era, the transportation and logistics industry was seeing an increased prevalence of instantaneous technological contact, via texts, for all types of logistics protocols and practices. Transportation...more
July 1, 2020, will mark the official start of the long-heralded United State Mexico-Canada Agreement (USMCA) as it replaces the 1994 North American Free Trade Agreement (NAFTA). The USMCA will modernize free trade between...more
There will likely be a massive amount of litigation in the Transportation & Logistics industries in the post- COVID-19 world. Some of the lawsuits will be legitimate and others will be frivolous but both come with a cost: in...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
3/20/2020
/ Boycotts ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Response ,
Misclassification ,
State of Emergency ,
Supply Chain ,
Trade Secrets ,
Transportation Industry ,
Trucking Industry ,
TSA
The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks. The...more
Introduction: The PRO Act Overall -
Early last week, the U.S. House of Representatives passed the “Protecting the Right to Organize Act,” H.R.2474 (“PRO Act”), which would fundamentally shift various important...more
2/21/2020
/ ABC Test ,
Employee Rights ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
NLRB ,
Pending Legislation ,
Preemption ,
Preliminary Injunctions ,
State Attorneys General ,
Transportation Industry ,
Trucking Industry ,
Unfair Labor Practices ,
Union Organizers ,
Unions