BROKERS UNDER MUCH MORE SCRUTINY AND POTENTIAL LIABILITY THAN EVER BEFORE, DUE TO MAP-21, AND IN PARTICULAR 49 U.S.C.14916.

  Paul Stewart  BBA, MA, JD Logistics and Transportation Law/Commercial Transactions- Representing National Logistics Companies, Shippers and Carriers; Mergers and Acquisitions; General Corporate Counsel Much is uncertain about the full extent of penalty provisions of MAP-21 for unauthorized brokerage activity. But at a minimum, brokers will be

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SHIPPERS AND CONSIGNEES CAN LIMIT POTENTIAL LIABILITY FOR DOUBLE PAYMENT OF TRANSPORTATION CHARGES WITH PROPER AGREEMENTS AND PROCEDURES

Paul Stewart, BBA, MA, JD   Logistics and Transportation Law/Commercial Transactions- Representing National Logistics Companies, Shippers and Carriers; Mergers and Acquisitions; General Corporate Counsel  Most shippers are unaware of the potential liability to pay freight charges twice, until faced with a demand by a carrier who was not

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Understand Indemnity Clauses Before Agreeing in Contracts

  Paul Stewart  BBA, MA, JD Logistics and Transportation Law/Commercial Transactions- Representing National Logistics Companies, Shippers and Carriers; Mergers and Acquisitions; General Corporate Counsel Are you prepared for their future consequences? How are you handling this issue? 1. Originally, fair indemnity agreements only required that each party

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A Commentary: The Perfect Storm: Schramm Decision, FMCSA, and Impossible Duty for Brokers and Third Party Logistics Companies Paul Stewart

Over the last thirty years, there never has been a more confused doctrine than the current “duty of reasonable care” faced by transportation brokers, third-party logistics companies and shippers as they select carriers for transport. The confusion in what was once reasonable and well understood law has

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Be Proactive on Issue of Bankruptcy Preference Claims

Recent announcements of bankruptcy by some shippers, carriers and 3PLs have for several clients raised the issue of preference claims that may yet be asserted by the trustee for such companies.  Depending upon the nature of your relationship with such bankrupt companies, you may receive such a

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