Shumaker Manufacturing

A Legal & Industry Review


“Shippers Beware: The Proposed New Motor Carrier Standard Bill of Lading Form”

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


“IRS Compliance Focus: The Excise Tax on Heavy Trucks”

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


Client Alert: The First Six Months of the Trump Administration: Will Trump Successfully Deregulate U.S. EPA?

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


Bracing for Takata Bankruptcy

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.

We hope you found this useful and informative.  Please contact us if you have any questions about this or any other matter. Takata[1]

 


Globaladvocaten Welcomes New UK Member – Field Seymour Parkes, LLP

We welcome Field Seymour Parks, LLP as a new member of Globaladvocaten, ranked by Chambers Global 2017 as a leading law firm network, which is a collaboration among 24 independent law firms. The network includes over 800 lawyers working out of 41 cities in 27 countries. Member firms are based in major cities worldwide including Amsterdam, Barcelona, Charlotte, Dublin, Geneva, Istanbul, Lisbon, Copenhagen, Madrid, Milan, Moscow, Paris, Prague, Rome, San Francisco, Vienna, Warsaw and Zurich.

Globaladvocaten is a premier resource for Shumaker, enabling us to add value for our clients through the Eurozone. Shumaker is proud to be a member of Globaladvocaten and David Conaway enjoys assisting Globaladvocaten as a board member.

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Client Alert: Federal Court Orders CAFOs to Report Air Emissions

On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit struck down a U.S. EPA rule exempting concentrated animal feeding operations (“CAFOs”) from requirements under CERCLA that mandate reporting of releases of hazardous substances in excess of a reportable quantity to the National Response Center. The exemption from release reporting had been on the books since 2008. Continue reading