To address complaints from rail users regarding unfair and burdensome demurrage and accessorial practices and charges of Class I railroads (Carriers), the Surface Transportation Board (Board) issued three decisions on April 30. They are as follows: Policy Statement The Policy Statement provides information on factors the Board will consider when evaluating the reasonableness of demurrage […]
Nonprofit organizations everywhere should be made aware of a little-known secret — their member lists may constitute a trade secret protectable under the Defend Trade Secrets Act. To state a claim under the DTSA, a plaintiff must allege both the (1) existence and ownership of a trade secret, and (2) misappropriation of the trade secret. […]
Many nonprofit associations had to cancel their annual conventions due to the coronavirus pandemic, leading them to pull out and review their hotel, venue, and third-party contracts. GKG Law attorneys look at the contract issues and suggest things to consider when it’s time to plan their next conference. One of the most daunting issues for […]
The coronavirus pandemic is drastically reducing the demand for goods, and containers are sitting idle at ports, having a snowball effect on the shipping industry. GKG Law attorneys take a look at what the Federal Maritime Commission is doing to mitigate the pandemic’s enormously disruptive effects on trade. In the wake of the Covid-19 pandemic, […]
On March 30, 2020, the Supreme Court upheld a decision by the Third Circuit imposing strict liability on shippers who enter into charter party agreements (a form of maritime contract involving the marine transport of goods) with “safe berth” clauses. The Supreme Court‘s decision in CITGO v. Frescati Shipping Co. is a cautionary tale for […]
In the last two weeks, the number of coronavirus cases has quintupled across the world, causing major disruptions to global shipping networks as governments impose lockdowns on cities, regions, and entire countries. The coronavirus pandemic, and the measures to contain it, have caused abrupt changes in consumer behavior, companies’ productivity, and in turn, companies’ financial […]
Can Force Majeure Protect You from Claims Arising from Coronavirus Disruptions? The coronavirus' impact on the global shipping network invites the question: Does language in your transportation contracts protect you against customer claims arising from disruptions in service due to the coronavirus? Correspondingly, does language in counterparties’ contracts for transportation, warehousing, and logistics services allow […]
As everyone is probably aware, the coronavirus has had a devastating impact on the global shipping network, including ocean transportation. This invites the question: Does language in your transportation contracts protect you against customer claims arising from disruptions in service due to the coronavirus? Correspondingly, does language in counterparties’ contracts for transportation, warehousing, and logistics […]
COVID-19 has taken just about all of us by surprise. While individuals are now cancelling trips, looking for hand sanitizer and stocking up on toilet paper, businesses must also take steps to address COVID-19 in the workplace. At this time, all employers should be taking action to prevent the possible spread of COVID-19 and prepare for […]
Associations and other non-profit entities plan their conventions and meetings many years in advance. Hotel and convention contracts often are signed with little insight about every possible impactful future event. Event planners and hotel sales representatives focus their attention on meeting dates, occupancy numbers, room rates, attrition and cancellation clauses, and other similar business and event […]