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Many U.S. companies are operating under the somewhat understandable, but very hazardous belief that they can disregard U.S. export control laws unless they deal with advanced, delicate or military related goods or technology. U.S. export control laws affect not only a wide range of international transactions, but also a host of activities that are wholly domestic and/or unlikely to be readily recognized as international in scope. See More...
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How many clients realize that the two-way radios that they use for business communication are subject to regulation by the Federal Communications Commission (“FCC”)? Do they know that these licenses have a finite term and must be renewed or they will expire? Furthermore, how many realize that any transfer of control involving the holder of a radio license requires FCC approval? How many know that the FCC can and does fine licensees for unauthorized transactions when it discovers them? For example, the state-owned Alaska Railroad paid the FCC $50,000 in lieu of paying a fine for violating the FCC’s ex parte communication rules in connection with the use of its assigned radio frequencies. See More...
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In a recent opinion from the Southern District of Texas, one court has held that a breach of a material warranty provision in an insurance policy did not void coverage for the insured for a subsequent cargo loss by theft. W.W. Rowland Trucking Co., Inc. v. CRC Ins. Svcs., Inc., No. H-12-91 (S.D. Tex. Jan. 13, 2013). Although a victory for the trucking company, the facts of this case are such that others should not blithely rely on the opinion to save themselves from the adverse consequences of their own policy breaches. See More...
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How many times have you been confronted with this conversation? “I would love to use your services, but one of your Compliance, Safety, Accountability (“CSA”) BASIC scores has a yellow triangle with an exclamation point. My lawyer tells me that my company may be subject to potential liability if I use you. Clean up your BASIC scores and we can relook at a business relationship.” What can you do? Give up on ever having any more business prospects? No way! See More...
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On July 6, 2012, President Obama signed into law H.R. 4348, the “Moving Ahead for Progress in the 21st Century Act” (MAP-21). Sections 32915 through 32919 of MAP-21 are also known as the “Fighting Fraud in Transportation Act of 2011” or “FFITA.” Most of FFITA went into effect on October 1, 2012. Although the stated purpose of FFITA is to reduce marketplace fraud in the transportation industry, the language used by Congress may actually compound the confusion it attempts to correct. See More...
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