STB Proposes Streamlined Approach for Pleading Market Dominance in Rate Reasonableness Proceedings

On September 12, 2019, the Surface Transportation Board (“Board’) issued a Notice of Proposed Rulemaking that would streamline the process by which a rail shipper demonstrates the Board has jurisdiction to review whether the shipper’s rates are reasonable because the railroad has “market dominance” over the transportation, i.e., no effective competition exists to discipline the […]

STB Announces Hearing on Revenue Adequacy Recommendations of the RRTF

On September 12, 2019, the Surface Transportation Board (“Board”) announced it will hold a public hearing on December 12, 2019 in an area of railroad policy that is extremely important to the STB’s regulation of railroad rates and the procedures for challenging them:  railroad “revenue adequacy.”   How “revenue adequacy” is determined by the Board and […]

STB Issues Final Offer Rate Review NPRM

On September 12, 2019, the Surface Transportation Board (“Board”) issued a Notice of Proposed Rulemaking that constitutes another attempt by the Board to increase the ability and willingness of captive rail shippers to seek review of rail rates through formal complaint proceedings before the Board.  Under this latest proposal, the Board would establish a Final […]

FMC Issues Proposed Rule on Demurrage/Detention Practices

On September 13, 2019, the Federal Maritime Commission issued a Notice of Proposed Rulemaking in its Docket No. 19-05, Interpretive Rule on Demurrage and Detention Under the Shipping Act. (A copy of the text of the NPRM can be found here). This NPRM arises out of the Commission’s Fact-Finding No. 28 Investigation which was undertaken and […]

Aircraft Management Arrangements and the Flight Department Company Trap

Aircraft owners frequently arrange for aircraft management companies to provide full-service management of their aircraft for aircraft operations under Federal Aviation Regulations (“FAR”) Part 91. However, when the aircraft management company contracts with the aircraft owner, there is the so-called “Flight Department Company Trap” that can result in serious negative consequences. Some background will be […]

GKG Law Hosts Interlaw Partner Firm CNPLaw

GKG Law had a wonderful meeting with our Interlaw colleagues from the Singapore firm CNPLaw in our Washington, DC office in early September 2019. The morning was spent discussing, sharing, and learning about the legal services of both firms.  Pictured, left to right, are: Thomas Wilcox (GKG Law), Richard Bar (GKG Law), Pradeep Kumar Singh (CNPLaw), […]

STB Decision to Discontinue its Review of HDF Index Fuel Surcharges Increases the Urgency to Reform the Agency’s Rate Reasonableness Rules

On August 29, 2019, the Surface Transportation Board issued a decision that further heightens the need for rail shippers to press the Board for revisions to the agency’s regulations and policies that test the reasonableness of rates paid by rail shippers captive to a single railroad for service.  All three of the current Board members […]

U.S. Dept of Commerce Revises & Extends Temporary General License Authorizing Some Business with Huawei Technologies Co., Ltd. and Affiliates

On August 20, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) extended a revised version of the temporary general license authorizing business with Huawei Technologies Co., Ltd. and its Affiliates (collectively, “Huawei”) for 90 days until November 18, 2019. BIS also added a number of new Huawei affiliates to the Entity […]

Class Certification Denied in Rail Freight Surcharge Antitrust Litigation: Individual Claim Filing Deadline Set for September 30, 2019

On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit Court”) affirmed a decision by the U.S. District Court for the District of Columbia to deny class certification In re Rail Freight Surcharge Antitrust Litig., No. 18-7010 (D.C. Cir. August 16, 2019).  The case involved a putative […]

4 Key Ways the GDPR May Affect Credentialing Bodies

The EU’s General Data Protection Regulation (GDPR) can feel like a burden to your credentialing organization, but it’s imperative to stay compliant. This article by GKG Law's Oliver Krischik will help you navigate the challenges your organization may face when requesting and obtaining information. Credentialing bodies collect information such as the name, address and occupation […]

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