STB Issues Final Rule in Demurrage Billing Requirements

On April 30, 2020, the Surface Transportation Board (Board) issued a final rule in Docket No. EP 759, Demurrage Billing Requirements, which requires that a Class I carrier directly bill the shipper, rather than a warehouse, for demurrage occurring at destination. This requirement is conditioned upon there (1) being an agreement to that effect between […]

STB Seeks Additional Input on Proposed Rules on Class I Railroad Demurrage Billing Practices

On April 30, 2020, the Surface Transportation Board (Board) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) in Docket No. EP 759, Demurrage Billing Requirements, seeking additional public input on possible modifications to proposed rules on demurrage billing practices. Those proposed rules were originally issued in this docket on October 7, 2019 and resulted from testimony and comments submitted […]

STB Issues Final Policy Statement on Demurrage and Accessorial Rules and Charges

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 […]

Nonprofit Member Lists May Be Trade Secrets

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. […]

FMC Issues Long-Awaited Decision on Demurrage and Detention

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 […]

Associations Face Damage Control After Canceling Convention Contracts

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 […]

Important Changes to BIS License Exceptions

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 […]

Idle Goods Drag Down Shipping, Trade During Pandemic

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, […]

Shifting Economy Calls for Prompt Antitrust Audits

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 […]

Six GKG Law Attorneys Recognized by Super Lawyers

GKG Law, P.C. is pleased to announce that four attorneys have been named to the 2020 Washington, DC Super Lawyers list and two attorneys were named to the 2020 Washington, DC Rising Stars list. The following GKG Law attorneys were named to the 2020 Washington, DC Super Lawyers list: Richard B. Bar — Nonprofit Organizations Brendan Collins — Business […]

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