Advisories

New FMC OTI Regulations in Effect

As of December 9, 2015, revised Federal Maritime Commission (“FMC”) regulations governing the licensing and operation of Ocean Transportation Intermediaries (“OTI”s) are now in effect.  The new regulations govern the operations of both ocean freight forwarders and non-vessel-operating common carriers

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Andrew Danas Appointed Co-Chair of ABA International Transportation Committee

Grove, Jaskiewicz and Cobert LLP is pleased to announce that firm partner Andrew Danas has assumed the position of Co-Chair of the International Transportation Committee of the American Bar Association’s Section of International Law for the 2015-2016 term.

Supreme Court Clarifies Federal Pre-Emption of State Law Claims in Frequent Flyer Decision

On April 2, 2014 the Supreme Court issued its decision in Northwest, Inc., v. Ginsberg.  In a unanimous decision, the Court held that a passenger’s state law claims against an airline for terminating his participation in the airline’s frequent flyer

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FMC Proposes Significant Changes to the Licensing and Regulation of Ocean Freight Forwarders and NVOCCs

The Federal Maritime Commission (FMC) is proposing the most significant changes since 1998 to its regulations governing the licensing and regulation of Ocean Transportation Intermediaries (OTIs).  Under U.S. law, OTIs are third party intermediaries that arrange for or provide international

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FMC Foreign NVOCC NRA Proposal Would Require New Registration of All Foreign NVOCCs

In 2011 the Federal Maritime Commission (FMC) exempted licensed non-vessel-operating common carriers (NVOCCs) from their rate tariff publishing obligations under the United States Shipping Act.    NVOCCs that opt to invoke this exemption do not have to adhere to the law’s

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Customs Aims to Tighten the Operations of Bonded Carriers

Foreign goods arriving at a U.S. port must normally first have U.S. Customs duties and other formalities satisfied before the goods can enter the commerce of the United States.  An exception exists for foreign goods destined for a foreign country

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Supreme Court Limits Right to Patent Certain Medical Diagnostic Methods

The United States Supreme Court has issued an important decision limiting the ability to obtain patents on certain medical diagnostic methods.  Under the U.S. Patent laws, patents can be obtained for any new and useful process, machine, manufacture, or composition

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Appellate Court Casts Doubt on Federal Judge Refusal to Accept SEC Consent Judgment

On March 15, 2012, the United States Court of Appeals for the Second Circuit cast significant doubt upon the validity of the November 29, 2011 ruling of a federal judge in Manhattan that rejected a proposed consent judgment negotiated by

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Derivatives and Shipping

Many companies frequently hedge their risks to offset the uncertainties of fluctuating prices. Changes in the future price of energy, crops, and currencies are all business risks that can be subject to contractual hedges that smooth future swings in prices

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Federal Maritime Commission To Adjust Optional Bond for China Operations

The Federal Maritime Commission today issued a Notice of Proposed Rulemaking regarding the bond limits of a Non-Vessel-Operating Common Carrier who needs to do business in China. At present an NVOCC is required to carry a basic bond of $75,000,

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Washington State Voters Throw Out State Controlled Liquor Sales

Washington State Voters Throw Out State Controlled Liquor Sales On November 8, 2011, Costco and other big retailers successfully convinced Washington State voters to approve Initiative 1183.  This will end the State’s long time monopoly on liquor sales.  The new

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Congress Reforms the Patent Process

The America Invents Act, a new law passed by Congress last week and expected to be signed into law by President Obama, is the first significant reform of the Patent application process in sixty years. The Act makes a number

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