Businesses operating in the transportation sector are party to some of the most complex contracts, transactions, and logistical undertakings in the corporate world. Moving a shipping container from Taiwan to Texas involves numerous companies, multiple legal regimes, dozens of oversight agencies, and several modes of transportation. One consequence of this complexity is that transportation-related companies are exposed to a long and diverse list of liabilities, ranging from breach of contract and anti-competitiveness claims to personal injury and environmental harms. Transportation clients need litigation counsel who are not simply trial specialists, but are also leading practitioners in transportation and logistics law.
Cozen O’Connor represents clients operating in the transportation fields of maritime, aviation, intermodal, trucking, auto, rail, offshore energy, and logistics. Within these fields, we represent carriers, product manufacturers, ports and terminals, suppliers, operators, lenders, lessors/lessees, insurers, investors, and governmental bodies. Our attorneys regularly appear on behalf of transportation industry clients before state and federal courts, arbitration panels, boards of contract appeals, federal agencies, Congress, and international bodies.
All of our work is founded on a deep knowledge of the various federal and international regulatory and statutory regimes that govern the transportation industry. Whether responding to claims involving sanctions against a foreign country, Marad protocols concerning trade routes, or a catastrophic train derailment, the difference between success and failure in litigation often turns on counsel having mastery of the ever-changing regulatory precepts. Cozen O’Connor’s attorneys combine legal knowledge with tremendous trial experience. We have successfully represented clients in complex transportation litigations worth hundreds of millions of dollars.
Cozen O’Connor also brings an international perspective to this practice, which is invaluable because trade today is undeniably a global activity. Our attorneys interact regularly with foreign government agencies and foreign counsel in the course of resolving multinational disputes. Members of Cozen O’Connor are well versed in foreign treaties and legal regimes, understand international competition codes, and have good rapport with foreign counterparts. We have testified as experts on maritime competition law in proceedings before the European Union Competition Directorate and are often brought in to act as advisors to foreign organizations and law firms.
SERVICE AREAS
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Advise clients in maritime, aviation, intermodal, trucking, rail, auto, offshore energy, and logistics
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Counsel on transportation laws, including those governing antitrust/competition, trade sanctions, and export licensing; environmental obligations and liabilities; and cabotage, citizenship, vessel requirements, towage, salvage, fisheries, and dredging
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Appear before state and federal courts, courts of appeals, federal administrative agencies, administrative law judges, and international and domestic arbitration panels
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Represent clients in complex commercial disputes and government contracting protests
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Defend clients against claims by domestic and foreign regulatory agencies
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Represent clients in claims arising from transportation accidents and disasters
September 23, 2016
This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s selection of carriers to operate U.S.-Havana and U.S.-Tokyo (Haneda) air services, the FAA’s implementation of its small unmanned aircraft systems/drone rules, new increases in DOT civil penalty amounts, the FAA’s draft PFC order, GAO’s reporting on FAA oversight of repair stations, and the latest DOT and FAA enforcement actions.
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August 08, 2016
This edition of the Cozen O’Connor Aviation Regulatory Update discusses new FAA reauthorization legislation, DOT awards for U.S. carrier scheduled service to Cuba, DOT’s decision to address consumer notification requirements regarding changes in airline frequent flyer program rules, and more.
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May 26, 2016
This edition of the Cozen O’Connor Aviation Regulatory Update includes DOT’s announcement of the members and meeting schedule of the Advisory Committee on Accessible Air Transportation (Disabled Passenger Negotiated Rulemaking Committee), the FAA’s withdrawal of its rulemaking on slot management at New York area slot-controlled airports, the FAA’s elimination of slot controls at Newark Liberty International Airport and extension of the Orders governing slots at New York’s John F. Kennedy International Airport and LaGuardia Airport, proposed FAA amendments to PFC funding eligibility for on-airport rail projects, the FAA’s creation of a Drone Advisory Committee to advise the FAA on further regulatory steps regarding the safe integration of unmanned aircraft systems/drones into the U.S. national airspace system, PHMSA’s ban on the carriage of battery-powered portable electronic smoking devices in checked baggage, the continuing House and Senate standoff over the next FAA Reauthorization bill, and the latest DOT and FAA enforcement actions.
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February 01, 2016
This edition includes the recently signed U.S.-Mexico bilateral agreement that liberalizes air services between the two countries, new Cuba-related regulations loosening restrictions on U.S.-Cuba air services and the export and reexport of U.S.-origin aircraft to Cuba, changes to the Visa Waiver Program, proposed dates for upcoming DOT aviation-related rulemakings, the DOT Office of the Inspector General’s reports criticizing FAA operations, oversight, cost controls and air traffic control staffing, DOT animal incident reporting guidance, new FAA Stage 5 aircraft noise standards, DHS implementation of REAL ID requirements for air travelers, and the latest DOT and FAA enforcement actions.
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December 21, 2015
This edition of the Cozen O’Connor Aviation Regulatory Update includes looming revisions to the Visa Waiver Program, DOT’s plans for an additional round of new regulations on disabled passenger-related issues, the FAA’s new registration requirements for small unmanned aircraft systems/drones, DOT guidance on airline liability for damage to components of checked baggage, Congressional bills on Export-Import Bank reauthorization, pilots’ rights, and Visa Waiver Program Changes, the status of FAA reauthorization legislation, the FAA’s updated airspace obstruction standards, and recent FAA enforcement actions.
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November 13, 2015
This edition discusses the Justice Department’s antitrust lawsuit against United Airlines and Delta Air Lines seeking to block the carriers’ proposed slot swap at Newark, DOT’s ban on electronic smoking devices in checked baggage, DOT and the FAA’s planned registration requirements for drones/unmanned aircraft, the FAA’s new safety compliance philosophy, new FAA rules on production certificates and approvals, APHIS final rules on agricultural quarantine and inspection services, a Congressional hearing on TSA security oversight, and the latest DOT and FAA enforcement actions.
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October 02, 2015
This edition reports on Congress’s six-month extension of FAA’s reauthorization; new U.S. Bilateral Aviation Safety Agreements with the European Union and Canada; the FAA’s final rule on the disclosure of aircraft seat dimensions to facilitate the use of child safety seats on airplanes; DOT’s latest small community air service development grants; the Treasury and Commerce Departments’ new amendments to the Cuba Sanctions Regulations.
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July 16, 2015
Under the JCPOA, Iran will reduce its stockpile of enriched uranium, limit the number of centrifuges it operates for uranium enrichment, and allow monitoring of its nuclear program by IAEA inspectors and the U.S. and E.U. nuclear-related sanctions against Iran will be eased and ultimately phased out.
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July 06, 2015
President Obama announced that the United States and Cuba had reached agreement on the reestablishment of diplomatic relations and that the two countries would soon reopen embassies in each other’s capitals for the first time since 1961.
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July 02, 2015
An update on the multi-agency review of U.S. carrier allegations of subsidy against three gulf carriers, recent applications for antitrust immunity for airline alliances, EPA’s initial action to address greenhouse gas emissions from aircraft, DHS amendments to the ESTA program and planned expansion of customs and immigration preclearance facilities at additional foreign airports, Congressional hearings on FAA reauthorization, aviation security and drone operations, and recent DOT and FAA enforcement actions.
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May 12, 2015
Until now, the DOT’ has generally required airlines honor fares once a consumer purchased the fare, even if such fares were inadvertently offered for sale. Now, the DOT will not enforce the prohibition against airlines increasing fares post-purchase when such fares are mistakenly offered.
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April 15, 2015
This edition of the Cozen O’Connor Aviation Regulatory Update includes an overview of the FAA’s new contract maintenance rules, DOT and FAA notices on flight prohibitions in conflict zones, the latest news on the integration of unmanned aircraft into the National Airspace System, Congressional hearings on FAA reauthorization and air traffic control modernization, and DOT and FAA enforcement actions.
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December 11, 2014
Late yesterday, both the U.S. House of Representatives and the U.S. Senate passed S. 2444, the Howard Coble Coast Guard and Maritime Transportation Act of 2014.
In addition to appropriating funds for Federal Maritime Commission (FMC) operations for fiscal year 2015 and limiting the terms of future FMC commissioners, this legislation, if signed into law by the president, would make a potentially significant change in the U.S. Shipping Act of 1984, as amended (the Shipping Act).
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December 11, 2014
This edition of the Cozen O’Connor Aviation Regulatory Update provides an overview of recent FAA regulatory initiatives involving crew pairing, alcohol and drug testing rates, the use of aviation fuel taxes by airports and state governments, airport environmental grants, and de-icing standards for new aircraft. We also provide an update on recent DOT and FAA enforcement actions, plus recent developments in the Pirker v. Huerta case involving the operation of small unmanned aircraft. Additionally, Congress is beginning its deliberations regarding next year’s FAA reauthorization. Finally, two new lawsuits were filed challenging certain airports’ implementation of labor-related rules that airlines and airport service providers contend are preempted under federal law.
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October 27, 2014
The October edition of the Aviation Regulatory Update includes an ppdate on DOT’s Passenger Protection Rulemaking #3, NextGen, ebola, drones, Enforcement Actions, security fees and other aviation regulatory matters
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September 18, 2014
This edition of the Cozen O’Connor Aviation Regulatory Update covers DOT action on Norwegian Air International’s application to serve the U.S., Congress’ and DOT’s continuing focus on airline ancillary service fees and consumer protection, new enforcement actions by DOT and FAA, and proposed changes to federal agency regulations and policies affecting the aviation industry.
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August 13, 2014
Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the shipping industry and national economies. To the extent that these countries have competition laws that could restrict such agreements, many have found after careful study that these agreements should be afforded an exemption from those competition laws for economic, public policy and international comity reasons.
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August 13, 2014
The recent introduction of H.R. 4727 in the House of Representatives marks the first step toward insulating freight brokers and third-party logistics providers (3PLs) from claims by plaintiffs who seek an alternate source for recovery when a motor truck carrier’s insurance is insufficient to cover the damages that are alleged.
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August 13, 2014
Two registries of significant interest to shipowners are the registries of the Republics of the Marshall Islands and Liberia. Significantly, insofar as it does not conflict with the statutory laws, each country has adopted the non-statutory general maritime laws of the United States. This gives added certainty to shipowners, particularly those familiar with U.S. maritime laws.
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July 23, 2014
On July 16, 2014 in response to the ongoing crisis in Ukraine, the U.S. Office of Foreign Assets Control announced that it was adding several individuals and entities to the Specially Designated Nationals (SDN) list. As with previous designations, most of the individuals appear to be high ranking members of Russia’s political or military establishment, while the entities appear connected to Russia’s energy and defense sectors.
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July 23, 2014
On Friday, July 18, 2014, U.S. Secretary of State John Kerry issued a statement that the Joint Plan of Action (JPOA) negotiated between the P5+1 nations and Iran would be extended until November 24, 2014. As we reported previously, the JPOA was an agreement under which the United State s and others would provide limited and temporary sanctions relief to Iran in return for Iran foregoing certain elements of its nuclear program, including a reduction of its stockpile of enriched uranium.
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July 21, 2014
On Capitol Hill, legislators are working to pass a Transportation Appropriations bill that will fund aviation programs during the 2015 fiscal year. As part of the appropriations process, members of the House and Senate are looking at a number of amendments that impact aviation. This includes continuing debate on limiting the Department of Transportation’s ability to approve the controversial application filed by Norwegian Airlines International (reported in last month’s Cozen O’Connor Aviation Regulatory Update) to operate to the United States and whether to allow Burbank’s Bob Hope Airport to impose a nighttime curfew on airline operations.
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May 02, 2014
On March 20, 2014, the Federal Maritime Commission (FMC) announced that by a vote of 4-1, it had decided to let the P3 Network Vessel Sharing Agreement, among CMA CGM S.A., A.P. Moller-Maersk A/S trading under the name of Maersk Line and MSC Mediterranean Shipping Company SA, become effective on March 24, 2014. On April 2, 2014, the FMC announced a similar decision with respect to the G6 Vessel Sharing Agreement among APL Co PTE Ltd., Hapag-Lloyd AG, Hyundai Merchant Marine Co., Ltd., Mitsui O.S.K. Lines, Ltd, Nippon Yusen Kaisha, and Orient Overseas Container Line, Ltd., which became effective on April 4.
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May 02, 2014
Since March 6, in response to the events in Ukraine, the Obama administration has issued three executive orders targeting individuals and entities deemed to be undermining the security of Ukraine. While all appear to be directed at Russia’s annexation of Crimea, each expands the potential number of sanctions targets and could collectively be used to deter further Russian activities in the region.
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May 02, 2014
In early February, the U.S. Food and Drug Administration (FDA) issued its seventh and final major rule as part of the implementation of the Food Safety Modernization Act’s (FSMA). The proposed rule seeks to prevent the contamination of human and animal food during transport by establishing requirements for the design and maintenance of vehicles and transportation equipment, transportation operations, training of carrier personnel and record keeping. It would apply to shippers, receivers and carriers who transport food in the United States by motor or rail.
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May 02, 2014
Last month, Congress began consideration of comprehensive legislation to reauthorize the Coast Guard and other maritime transportation programs. Consideration of such legislation is an annual occurrence and generally moves through Congress and becomes law with little attention outside the maritime and fisheries industries. However, a small provision relating to maritime transportation of U.S. exports of liquefied natural gas (LNG) has drawn broader attention as the questions posed in the provision could impact international trade and potentially threaten the future of the Jones Act.
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March 03, 2014
In a case of first impression that interpreted the force majeure provisions of an industry contract form promulgated by the North American Energy Standards Board (NAESB), Cozen O’Connor prevailed on behalf of plaintiff when, on January 9, 2014, the New Jersey Appellate Division affirmed the trial court’s ruling in Hess Corporation v. Eni Petroleum U.S. LLC, et al., No. A-3464-12T4 (A.D., January 9, 2014).
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January 28, 2014
Last November, the group of nations known as the P5+1 (United States, U.K., Germany, France, Russia and China) reached an initial understanding with Iran whereby Iran agreed to accept limits on its nuclear program in exchange for limited relief from economic sanctions. The initial agreement was intended to last six months, during which time the parties would seek to negotiate a comprehensive agreement.
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December 16, 2013
Cozen O'Connor lawyers in New York and Washington author an article for French Lexis Nexis Transportation Law newsletter. For the second year in a row, Christopher Kende, Christopher Raleigh and David Loh of the New York office and Marc Atwood and Wayne Rhode of the D.C. office have co-authored an article providing a summary review of developments in transportation law for the French Lexis Nexis publication Review of Transportation Law, which is distributed electronically to approximately 4000 registered readers in France.
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