Client Alerts

FMC Issues Proposed Rule on Demurrage/Detention Practices

Client Alert

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 […]

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

Client Alert

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

Client Alert

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

Client Alert

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 […]

New Antitrust Initiatives Require Associations to Review Existing Antitrust Compliance Programs

Client Alert

Globalization, increased consolidation in many key industries, the rising dominance of technology giants like Amazon, Apple, Facebook and Google, and the rapid advance of new technologies have transformed our economy in the 21st century. During the past several months, members of Congress, the U.S. Department of Justice, the Federal Trade Commission, and a number of […]

Venezuela-related Sanctions: President Trump Signs Executive Order Blocking Property of the Government of Venezuela

Client Alert

On August 5, 2019, President Trump ratcheted up the sanctions on Venezuela.1 On that occasion, he issued an Executive Order (“E.O.”) blocking all property and property interests of the Government of Venezuela and authorizing the Secretary of the Treasury to designate companies as SDNs if they provide material support or provide goods or services to […]

D.C. Starts Collecting Paid Family Leave Taxes

Client Alert

As many of you are aware, in 2016 the District of Columbia passed the Universal Paid Leave Act (“Act”), one of the most liberal paid leave laws in the country.  The Act created a paid leave system funded by employers (including non-profits) for those employees employed in the District.  It provides an employee with eight […]

Evaluating Corporate Compliance Programs – DOJ’s Antitrust Division Issues New Guidance

Client Alert

Corporate compliance programs – formal corporate policies, practices, and procedures designed to ensure compliance with applicable legal requirements – have long been recognized as an important management tool for nonprofit associations as well as for-profit companies to avoid or to mitigate civil and/or criminal liability.  An effective corporate compliance program is especially important in the […]

Affirmation Letter No Longer Required for DC Tax-Exempt Renewal Applications

Client Alert

On January 1, 2019, DC’s new tax-exempt renewal rules went into effect.  Under these new rules, non-profits who have received tax-exempt status from DC are required to reapply for tax exemption every five (5) years.  Many DC non-profits have already received a “Notice of Upcoming Exemption Expiration” from the DC Office of Tax and Revenue (the “OTR”) […]

Surface Transportation Board Oversight Hearing on Demurrage and Accessorial Charges

Client Alert

Update:  GKG Law's Tom Wilcox will testify on behalf of the National Grain and Feed Association at the Surface Transportation Board's oversight hearing on railroad demurrage and accessorial charges on May 22 in Washington, DC. The Surface Transportation Board (STB) has scheduled a public oversight hearing on May 22, 2019, to receive information from railroads, shippers, […]

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