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 […]

Charterers Beware: Supreme Court Affirms Strict Liability Standard

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 […]

Issues Relating to the Export of Personal Protective Equipment

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 […]

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