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Medicaid vs. Medicare
Medicaid vs. Medicare

The difference between Medicare and Medicaid can be confusing for most people. I like to use the following tale of two neighbors to explain the differences to clients: The story involves Joe and Fred who…

Joint and Several Liability in Oklahoma
Joint and Several Liability in Oklahoma

Oklahoma has done away with the doctrine of Joint and Several Liability with the sweeping passage of tort reform.  What does this mean for personal injury Plaintiffs?  Our firm practices in Eastern Oklahoma includes small towns…

Proposed FDA Rule for Sanitary Transportation
Proposed FDA Rule for Sanitary Transportation

What does the new (FDA) Proposed Rule on Sanitary Transportation of Human and Animal Food say about the Transportation of “Shelf-Stable Food”? The Proposed Rule would define “shelf-stable food” to mean a food that can…

The Statement of Work in Transportation Contracts
The Statement of Work in Transportation Contracts

The Statement of Work can be a very confusing document for transportation attorneys.  It can also really take the wind out of the sails of everyone who has worked really hard to finalize a contract…

Non-Disclosure Agreements and Transportation Contracting
Non-Disclosure Agreements and Transportation Contracting

Non Disclosure Agreements have become much more commonplace between Shippers, Carriers, Freight Brokers, and Freight Forwarders.  So what is their purpose and how closely should they be reviewed?   Well they can certainly be an…

The Hidden Risk of CSA Intervention Notification Requirements in Transportation Contracts
The Hidden Risk of CSA Intervention Notification Requirements in Transportation Contracts

Recently, I have seen several shipper drafted transportation agreements that contain the requirement that Carriers notify them if any CSA BASICS score is over the intervention level. This should be of concern for both shippers…

Subrogation Issues in Transportation Contracts
Subrogation Issues in Transportation Contracts

Insurance issues in Transportation Contracts are often overlooked by those who don’t understand their significance. Trucking companies and logistics companies want to obtain business from shippers, but the more savvy trucking companies will attempt to…

Freight Brokers and Contracts
Freight Brokers and Contracts

Freight Brokers have a love hate relationship with transportation contracts. They love them when they are using their own form contract to set the terms that their contracted carriers must follow, but they hate them…

Traps For The Unwary Freight Broker
Traps For The Unwary Freight Broker

A freight broker who does not hold itself out as the actual transporter of goods is not liable for cargo loss of damage except in very limited circumstances since the strict liability imposed on carriers…

Indemnity in Transportation Contracts
Indemnity in Transportation Contracts

There are many issues in modern transportation agreements, but “Indemnity”, is normally the most contentious issue in to negotiate.  The indemnity clause is typically the part of the contract where most of the liability shifting…