Water carriers have a moment of clarity on the horizon. An area of conflict between legal jurisdiction and technical obligations is being settled through Trump Administration regulatory reforms....more
7/17/2025
/ Deregulation ,
FMCSA ,
Government Agencies ,
Inland Waterways ,
Interstate Commerce ,
Regulatory Agencies ,
Regulatory Authority ,
Regulatory Reform ,
Shipping ,
Surface Transportation Board ,
Trump Administration
Domestic U.S. shipping interests are closely monitoring a United States Trade Representative (USTR) proposal for import and export trades involving Chinese vessels. There is a Section 301 investigation prompted by domestic...more
6/16/2025
/ China ,
Exports ,
Maritime Transport ,
National Security ,
Section 301 ,
Shipping ,
Supply Chain ,
Tariffs ,
Trade Policy ,
US Trade Policies ,
USTR
Electric vertical takeoff and landing aircraft (eVTOLs) and Unmanned Aerial Vehicles (UAVs or, colloquially, drones) are increasingly being integrated into supply chains. ...more
6/13/2025
/ Air Cargo ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Contract Disputes ,
Contract Terms ,
Corporate Liability ,
Drones ,
Montreal Convention ,
Risk Management ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Transportation Industry ,
Unmanned Aircraft Systems
The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. The ICC most recently issued the 2020 version...more
6/12/2025
/ Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Imports ,
International Chamber of Commerce (ICC) ,
International Trade ,
Risk Management ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies
Newly proposed tariffs and restrictions on China’s maritime, logistics, and shipbuilding practices were issued on April 17, 2025. The United States Trade Representative’s (“USTR”) Section 301 investigation found China holds...more
5/14/2025
/ China ,
Comment Period ,
Imports ,
Maritime Transport ,
Section 301 ,
Shipping ,
Supply Chain ,
Tariffs ,
Trade Policy ,
USTR ,
Vessels
Domestic U.S. shipping interests are closely monitoring a United States Trade Representative (“USTR”) proposal for import and export trades involving Chinese vessels. The proposal’s extraordinary service fees and restrictions...more
3/18/2025
/ China ,
Comment Period ,
Economic Sanctions ,
Exports ,
Fees ,
Imports ,
International Trade ,
Maritime Transport ,
National Security ,
NVOCCs ,
Section 301 ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
USTR ,
Vessels
The Federal Motor Carrier Safety Administration (“FMCSA”) issued a Notice of Proposed Rulemaking (“NPRM”) on November 20, 2024,titled Transparency in Property Broker Transactions (89 FR 91648). ...more
11/22/2024
/ Brokers ,
Disclosure Requirements ,
FMCSA ,
Motor Carrier Act ,
Motor Carriers ,
NPRM ,
Proposed Rules ,
Regulatory Requirements ,
Shipping ,
Transparency ,
Transportation Industry ,
Trucking Industry
Traditionally, the bill of lading (“BOL”) is a basic transportation contract between shipper and carrier. It’s importance under today’s laws is established in the first sentence of the Carmack Amendment at 49 USC § 14706....more
The International Longshoremen’s Association (“ILA”) ended a three-day strike at certain East Coast and Gulf Ports until January 15, 2025. If a new contract is not finalized with the U.S. Maritime Alliance (“USMX”) then...more
11/5/2024
/ Labor Disputes ,
Logistics ,
Longshoremen ,
National Security ,
Ports ,
Shipping ,
Shipping Cargo ,
Strike ,
Supply Chain ,
Taft-Hartley Act ,
Unions
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
The Federal Maritime Commission ( 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 accommodations...more
10/31/2024
/ Exports ,
Federal Maritime Commission ,
Final Rules ,
Good Faith ,
Maritime Transport ,
Market Participants ,
Negotiations ,
Shipping ,
Shipping Cargo ,
Trade Relations ,
Transportation Industry ,
Vessels
The International Longshoremen’s Association (“ILA”) will have no contract if the current terms expire on September 30, 2024, without a new deal. ILA representatives have indicated that a strike is imminent on October 1,...more
9/24/2024
/ Exporters ,
Importers ,
Labor Disputes ,
Logistics ,
Longshoremen ,
Manufacturers ,
National Security ,
Ports ,
Retailers ,
Shipping ,
Shipping Cargo ,
Strike ,
Supply Chain ,
Taft-Hartley Act ,
Unions
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
Over one million shipments of hazardous materials reportedly travel in U.S. commerce every single day.
A common misunderstanding is the nature of hazardous materials—they are more commonplace than you think!...more
7/15/2024
/ Air Carriers ,
Compliance ,
Hazardous Substances ,
Maritime Transport ,
PHMSA ,
Railways ,
Regulatory Requirements ,
Shipping ,
Surface Transportation ,
Toxic Chemicals ,
Transportation Industry ,
Trucking Industry ,
Vessels
Yet again the ocean freight bid season is unfolding against a backdrop of uncertainty. The 2024 season brings a confluence of economic, geopolitical, trade, and industry-related issues that have created a complex environment...more
On February 26, 2024, the FMC issued its final rule on detention and demurrage billing requirements. On February 27, 2024, our team outlined the practical impact that the Final Rule will have in the article: “A Whole New...more
5/21/2024
/ Common Carriers ,
Detention ,
Federal Maritime Commission ,
Fee Disputes ,
Final Rules ,
Invoices ,
Maritime Transport ,
OMB ,
Ports ,
Shipping ,
Vessels
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...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
Government reporting contains no shortage of signals that threat actors, including traditional terroristic actors, are eager to disrupt global shipping and supply chains. This threat environment of frequent negative headlines...more
3/12/2024
/ Airlines ,
Aviation Industry ,
Compliance ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
National Security ,
Risk Assessment ,
Risk Mitigation ,
Screening Procedures ,
Security Standards ,
Shipping ,
Supply Chain ,
Terrorist Threats ,
TSA
A number of developments in international ocean shipping have emerged following the enactment of the Ocean Shipping Reform Act of 2022 (OSRA) last year. The U.S. Congress sought to arm the Federal Maritime Commission (FMC)...more
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
6/16/2022
/ Common Carriers ,
Drug & Alcohol Abuse ,
Insurance Claims ,
Manufacturers ,
NHTSA ,
Section 301 ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
USTR
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
The Biden Administration’s Executive Order 14017 titled “America’s Supply Chains” seeks to address supply chain disruption by strengthening domestic production in a multi-agency effort. As part of that effort, the Census...more
Private Carriage Stand-Up: Where to Begin When In-Sourcing Transportation -
An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to...more
2/9/2022
/ Customs and Border Protection ,
Department of Labor (DOL) ,
Due Diligence ,
Exporters ,
Exports ,
Mexico ,
NLRB ,
Outsourcing ,
Reporting Requirements ,
Shipping ,
Supply Chain ,
Withhold Release Orders (WROs)
On December 28, 2019, the limitation of liability for cargo lost or damaged during international air transportation between countries that are signatories to the Montreal Convention (the “Convention”) will increase from 19...more