On April 30, 2020, the Surface Transportation Board (Board or STB) culminated a process that began in the Fall of 2018 with the issuance of a final policy statement that provides shippers, receivers, and railroads with information on the principles the Board will consider when evaluating the reasonableness of demurrage and accessorial rules and charges in formal […]
On April 28, 2020, the Federal Maritime Commission (FMC or Commission) issued its long-awaited interpretive rules on the reasonableness of carrier and marine terminal operator (MTO) policies and practices when assessing demurrage and detention. This proceeding was initiated in 2016 due to a petition filed by the Coalition for Fair Port Practices, which involved a […]
On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published rules that will modify the Export Administration Regulations (EAR). These new rules largely target exports and re-exports to the People’s Republic of China (PRC), Russia, Venezuela, and other Country Group D:1 destinations. The new changes, which are effective on […]
Takeaways from U.S. v. National Association for College Admission Counseling On April 17, 2020, a Final Judgment was entered settling allegations in a complaint filed by the Antitrust Division of the Department of Justice (DOJ) against the National Association for College Admission Counseling (NACAC). In its complaint, the DOJ alleged that three sections of the NACAC […]
The Export Compliance Committee of the National Customs Brokers & Forwarders Association of America (NCBFAA) has been working hard to keep up with the various governmental requirements pertaining to the export of Personal Protective Equipment (PPE). For those of you who are not members of the NCBFAA, we thought that you might be interested in […]
As has been the case with numerous other agencies, the Federal Maritime Commission (FMC) has undertaken a role to attempt to ameliorate some of the enormously disruptive effects on trade that have been caused by the COVID-19 pandemic. On March 31, 2020, the agency first opened Fact Finding Investigation No. 29 (FF No.29) in an […]
A lot has changed in the business world since the COVID-19 pandemic began sweeping across the United States and the rest of the world. Social distancing requirements, lockdown orders, travel restrictions, mass layoffs, and disrupted supply chains have businesses scrambling to deal not only with a variety of human resource issues caused by a frightening […]
Non-profit organizations everywhere should be made aware of a little known “secret” — their member lists may constitute a trade secret protectible under the Defend Trade Secrets Act (DTSA). To state a claim under the DTSA, a plaintiff must allege the existence and ownership of a trade secret, and misappropriation of the trade secret. In […]
On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The legislation included various provisions that assist tax-exempt organizations by providing programs and tax benefits to reduce some of the financial stress created by the COVID-19 pandemic. Unfortunately, one of the most popular parts of the Act, the Paycheck […]
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The $2.2 trillion stimulus bill passed by Congress is the largest federal response in history designed to mitigate the impacts of the COVID-19 pandemic. As COVID-19 has greatly affected the shipping industry due to quarantines, travel […]