In a significant move in the global trade sphere, China has announced revisions to its export restrictions on graphite items, a development that may impact the international supply chain of electric vehicle manufacturers. Starting from December 1, 2023, the country plans to impose formal export controls on three particularly sensitive graphite items, which were being…
The ongoing developments in North Carolina’s General Assembly have significant implications for legal professionals in diverse corporate and legal entities. The experience that KTS Strategies bring to the table can help clients navigate the complex legal landscape of various industries, as noted in this recent report. KTS Strategies provides comprehensive policy and advocacy advice before…
On October 17, 2023, the U.S. Small Business Administration (SBA) and the Department of Transportation (DoT) announced a major effort to boost financial resources for disadvantaged businesses. The Access to Capital Initiative (ACI), a collaboration between the two departments, seeks to facilitate meetings and build relationships between Small Disadvantaged Business (SDBs), Disadvantaged Business Enterprises (DBEs),…
In recent times, the rising prevalence of cybersecurity threats has put transportation and logistics service providers under an industry-wide call to action, further emphasizing the need for cyber resilience in the digital era. The issue of cybersecurity vulnerability has not only concerned service providers and regulators but also attracted the attention of criminal elements, leading…
In a culmination of a case that has invoked ripples of interest throughout the legal community, the U.S. Court of Appeals for the Fifth Circuit has endorsed a bankruptcy court’s validation of a break-up fee and expense reimbursement due to a debtor’s former lender, despite the fact that this lender was not the ultimate winner…
In a move of increasing significance to consumer sales, the Federal Trade Commission (FTC) has issued a new proposed trade regulation rule that exhibits a firm stance against so-called “junk fees”. The FTC’s proposed rule targets unfair and deceptive practices that misrepresent the total costs of goods and services by neglecting to include mandatory fees…
Pickup trucks hold an esteemed place in American society, playing a significant role in both personal and business transportation. However, a sector of the pickup truck culture has recently been scrutinized for its negative environmental impact. A practice known as “rolling coal” involves modification of a vehicle’s exhaust control system, typically in diesel pickup trucks….
In a recent ruling, the Federal Circuit shed light on the de novo review standard pertinent to termination decisions for default under federal contracts. The decision is a result of the case between the Department of Transportation v. Eagle Peak Rock & Paving, Inc. Eagle Peak Rock & Paving, Inc. (“Eagle Peak”) was awarded a…
In a concerted effort to combat climate change impacts, significant measures are being taken at both the state and federal level, particularly in the realm of electric vehicles (EVs). With the potential to lower carbon emissions drastically, these vehicles have become an important part of legislative deliberation, with aggressive goals being set. For instance, California’s…
Organized Retail Crime (ORC) is no stranger to major industry players. Major retailers, manufacturers, distributors, and transportation providers all over the United States have been unfortunate victims. This form of crime brings with it not only the burden of financial costs, but it also escalates public security concerns and poses risks related to health and…
In a recent development, The United States Environmental Protection Agency (EPA) and RAM Aircraft, L.C. (RAM), a Waco, Texas Aviation Support Facility, have entered into a Consent Agreement and Final Order (CAFO) as of July 22nd. The agreement addresses an alleged violation of the Resource Conservation and Recovery Act (RCRA) regulations by RAM. This detail…
In recent legal developments, the U.S. Court of Appeals for the Third Circuit ruled in a non-precedential opinion on September 22, 2023, that a school bus transportation company was not required to be defended by its insurer following an alleged student assault on a bus. The court stated the harm did not result from the…
Stephen DeCosse has made his way back to Morrison & Foerster, rejoining as a partner with the corporate group in Tokyo. DeCosse previously worked with the firm as a corporate partner from 2001 to 2006, as mentioned in an announcement by the firm on Tuesday. DeCosse specialises in legal advice for private equity firms and…
On September 29, 2023, the Federal Energy Regulatory Commission (FERC) granted approval to Tennessee Gas Pipeline Company, L.L.C. (TGP) for its proposal to lease intrastate capacity from Kinder Morgan Texas Pipeline LLC (Kinder Morgan). This decision enables TGP to initiate a new hourly transportation service branded as “PowerServe”. According to the joint application submitted by…
In a recent update from the North Carolina General Assembly in October 2023, KTS Strategies has summarized its ongoing role in advising a multitude of clients from a wide spectrum of industries. Clients include local municipalities, corporate transportation entities, nonprofit organizations, wider statewide associations, government vendors and Fortune 500 companies click here to view the…
International law firm Reed Smith has become the target of a £20 million claim from a sanctioned shipping client, Virgo Marine. The shipping company was sanctioned by the US Office of Foreign Assets Control in 2022 for its involvement in arranging “vessels for the storage and transportation of Iranian petrochemicals”. It is not yet clear…
The Alabama Department of Environmental Management (ADEM) and Rylie Oil Recycling, LLC, (ROR) have recently entered into a Consent Order (CO). This move comes as a response to alleged breaches of Alabama’s regulations concerning the transportation of used oil. As clarified, ROR operates a used oil transportation company or ‘Facility’ in Tuscaloosa County, Alabama. This…
In line with its commitment to safeguard consumers’ rights and establish transparency in commerce, the Federal Trade Commission (FTC) has put forth a proposal that could fundamentally alter the operational landscape of several industries. The proposal aims to ban the imposition of so-called "Junk Fees" – extraneous charges that companies often slip into the final…
The United States Environmental Protection Agency (EPA) and Phillips 66 Company have entered into a Consent Agreement and Final Order (CAFO) on September 15th, due to alleged violations of the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Regulations, in an event taking place at the Borger, Texas, refinery. The enforcement action originates from a…
In a turn of events for the City of Minneapolis, the 2040 Comprehensive Plan (2040 Comp Plan) has suffered a setback due to a recent decision by Minnesota’s Fourth Judicial District. As of September 5, 2023, the court has temporarily halted the city from carrying forward any parts of the residential development segment of the…
In a recent development, the U.S. Department of the Treasury and Internal Revenue Service (IRS) released proposed regulations about the transfer of clean vehicle credits. The proposed regulations pertain to Section 25E of the Internal Revenue Code, which covers previously owned clean vehicles, and Section 30D, dealing with new clean vehicles. The Revenue Procedure 2023-33,…
In your daily financial regulation brief for Saturday, October 7, 2023, there’s important news to unpack. Paul Hastings LLP reported on October 6, 2023, that the U.S. Department of the Treasury and the Internal Revenue Service (IRS) have released new guidance that aims to incentivize clean vehicle purchases by consumers and foster business growth for…
The United States Supreme Court has agreed to address a potentially impactful matter involving the Federal Arbitration Act (FAA) that requires both state and federal courts to respect private arbitration agreements created between parties. These parties can range from employers to their employees. In numerous cases, employers leverage arbitration agreements to circumvent what is often…
In this month’s noteworthy legal updates, our focus turns to the recent happenings within the North Carolina General Assembly. KTS Strategies, known for their multifaceted policy and advocacy skills, shares insights regarding a diverse range of legal considerations spanning local municipalities, corporate transportation entities, nonprofit entities, statewide associations, government vendors, and Fortune 500 companies operating…
In a case of first impression, a US district court judge recently ruled that the acquisition of three New Orleans-area hospitals by Louisiana Children’s Medical Center from HCA Healthcare, Inc. was free from both the federal antitrust laws and the Hart-Scott-Rodino (HSR) Act premerger notification and filing requirements pursuant to the state action doctrine. The…