Captive insurance companies are an elusive risk management strategy that, for many, is so poorly understood it is difficult to even begin consideration. Those who happen to fall into discussions of captives often bounce...more
The transportation of hazardous materials (hazmat) is an subject that holds significant safety implications for carriers, shippers, intermediaries and the general public. Compliance programs and their requirements vary widely...more
8/30/2019
/ Criminal Prosecution ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Guilty Pleas ,
Hazardous Substances ,
Oil & Gas ,
PHMSA ,
Safety Precautions ,
Supply Chain ,
Transportation Industry ,
Trucking Industry
Since then, many in the trucking industry have been considering and evaluating alternative ways to maintain a mechanism of dispute resolution through arbitration on an individual basis so as to avoid class actions, collective...more
8/29/2019
/ Arbitration ,
Class Action ,
Collective Actions ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Independent Contractors ,
New Prime v Oliveira ,
Transportation Industry ,
Trucking Industry ,
Wage and Hour
Employers around the country have a bumpy road to follow as they navigate the ever-changing marijuana laws and regulations. Pre-employment and post accident drug testing have been challenged in courts in almost every state...more
Buy-side decisions for transportation and logistics services are increasingly driven by both internal subject matter experts and their corporate procurement teams. The traditional procurement perspective yields certain...more
7/23/2019
/ Air Carriers ,
Brokers ,
Common Carriers ,
Customs ,
FMCSA ,
Freight Forwarding ,
Logistics ,
Motor Carriers ,
Registration Requirement ,
Regulatory Standards ,
Risk Management ,
Shipping ,
Subject Matter Experts (SMEs) ,
Transportation Industry ,
Vessels
Letters of Credit (LOCs) have long been used to minimize the financial risk of international purchase agreements. Sellers and buyers may agree to use LOCs to ensure that goods are received and payment is remitted as intended....more
11/20/2018
/ Banking Sector ,
Buyers ,
Common Carriers ,
Exports ,
Imports ,
International Freight ,
Letter of Credit ,
Sellers ,
Shipping ,
Supply Chain ,
Terms and Conditions ,
Transportation Industry
“It Was A Very Good Year” (For Freight Brokers) -
Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for...more
11/19/2018
/ Brokers ,
Buyers ,
Commerce Clause ,
Contract Claims ,
Imports ,
International Freight ,
International Treaties ,
Letter of Credit ,
Preemption ,
Public Procurement Policies ,
Sellers ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
Wrongful Death
The Federal Motor Carrier Safety Administration (“FMCSA”) issued an advance notice of proposed rulemaking (“ANPRM”) on Thursday, September 27, 2018, to address broker and freight forwarder financial responsibility...more
We live in the era of gig economies and e-commerce, where supply chains are evolving before our eyes due in part to the speed of technological innovation. All transportation and logistics services are under pressure to...more
Many outside of over-the-road motor carriers are taking notice of the looming Electronic Logging Device Mandate (ELD Mandate). We are seeing raised hands with many questions and some confusion at this very moment from a wide...more
Every day, supply chain managers and logistics coordinators navigate a world of risk. Those risks include interruption due to delay, the damage, contamination, or loss of goods, customer service failures, and even regulatory...more
9/18/2017
/ C-TPAT ,
Customs ,
Due Diligence ,
Freight Forwarding ,
Hanjin Shipping ,
NAFTA ,
Outsourcing ,
Procurement Guidelines ,
Risk Assessment ,
Risk Mitigation ,
Shipping ,
Supply Chain ,
Transportation Industry
Many, if not most, agreements between sellers of goods and logistics service providers (LSPs) contain a list of metrics that are used to evaluate various aspects of supply chain or provider performance. In theory, these...more
Transportation and logistics providers are increasingly adopting cloud technology to bring connectivity and scale to their core operating systems. This trend will continue for the foreseeable future....more
As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues...more
Transportation companies have become prime targets for patent infringement lawsuits in recent years. Some mistakenly assume that technology companies are the only companies subject to infringement claims, however, the use of...more
In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more