While President Trump has vowed to eliminate U.S. EPA, there are enough checks and balances to speculate that little will change under this Administration; if there is change, expect it to come slowly. Continue reading
Contrary to popular opinion, there are serious immigration consequences for nonimmigrants who are arrested for driving under the influence (DUI) or a related offense. According to recently released guidance found in the Department of State’s Foreign Affairs Manual, the Department of State (DOS) is authorized to prudentially revoke a visa based on a potential ineligibility for health related reasons when it is notified that a visa holder with a still valid visa was arrested or convicted of a DUI or related offense. Continue reading
There has always been a “battle” between motor carriers and shippers around the issue of applicable bill of lading (“BOL”) forms. With primarily respect to less-than truckload (“LTL”) carriers who participate in the National Motor Freight Classification (“NMFC”) tariff, many such carriers attempt to use the standard NMFC BOL which incorporates by reference the published tariff which contains specific (and often severe) limitations on the cargo damage and loss claims liability of the motor carriers. Continue reading
There is no steering around the Federal Excise Tax (“FET”) on heavy trucks and trailers, and some companies are finding that out in the most unpleasant way possible – through an IRS audit. Similar to states’ sales taxes, the federal government imposes a 12% tax on the sale of trucks with a gross vehicle weight (“GVW”) above 33,000 pounds, trailers above 26,000 pounds, and tractors above 19,500 pounds. Continue reading
During the campaign, Donald Trump made clear one priority would be deregulating federal agencies should he win the presidency. In particular, Candidate Trump stated U.S. EPA was at the top of his list for deregulation. In an interview on Fox News, Donald Trump stated the “Environmental Protection [Agency], what they do is a disgrace. Every week they come out with new regulations.” Continue reading
The Wall Street Journal, June 16, 2017 edition, reports that Takata Corporation is preparing a bankruptcy filing, as soon as next week, in both Japan and the United States. A key reason for the United States’ Chapter 11 filing is to utilize the strategic tool, a Section 363 sale, to consummate a “takeover” deal with rival Key Safety Systems, Inc. Section 363 allows a Chapter 11 debtor to sell all of its assets to a third party, free and clear of certain liabilities. Key issues for creditors in the Chapter 11 case will include the allocation of the purchase price paid; the liabilities assumed by Key Safety Systems, Inc.; and the allocation and impact of the recall costs among Takata’s stakeholders, including the affected automakers.
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