Braden K. Core

On The Road

• Offering and Transporting Air Cargo: Domestic and International Considerations
  Aug 18, 2022, Braden K. Core, Transportation Lawyers Association’s Motor Carrier Committee Meeting - Williamsburg, VA
• Transportation Law Update
  Aug 3, 2022, Braden K. Core, ATA's Trucking Association Executives Council
• Emerging Legal Trends in Transportation: Avoiding Traps for the Unwary
  Aug 3, 2022, Braden K. Core, Katz, Sapper & Miller + McLeod Software Transportation Accounting & Finance Conference.
• California AB 5: What Does It Mean, What’s Next, And What Should We Do About It?
  Jul 28, 2022, Braden K. Core, Scopelitis Webinar Series
• Understanding AB5 and its Potential Impacts on Your Business
  Jul 21, 2022, Braden K. Core, Harbor Trucking Association Member Webinar
• California AB5 - Impact of Supreme Court Decision on Transportation
  Jul 13, 2022, Braden K. Core, Airforwarders Association Member Webinar
• Crypto and Blockchain for Transportation Attorneys: A Practical Introduction
  Jul 11, 2022, Braden K. Core, ATA Litigation Center’s 2022 Trucking Legal Forum - Austin, TX
• CA AB 5 Update
  Jul 8, 2022, Braden K. Core, 2022 Nevada Trucking Association Conference
• CA AB5 — What Does it Mean and What’s Next?
  Jul 6, 2022, Braden K. Core, Indiana Motor Trucking Association Member Webinar
• Emerging Trends in Transportation: The Road Ahead
  May 26, 2022, Braden K. Core, Scopelitis Webinar Series
• Transportation Law Update
  May 19, 2022, Braden K. Core, Katz, Sapper & Miller + Scopelitis Law Firm Annual Trucking Owners & Leaders Roundtable
• The Independent Contractor Situation in Trucking
  Mar 17, 2022, Braden K. Core, Scopelitis Webinar Series
• Arbitration Issues
  Jul 25, 2021, Braden K. Core, ATA Trucking Legal Forum - Washington, D.C.
• Independent Contractors Within the New Political Environment—State and Federal Challenges
  Apr 20, 2021, Braden K. Core, American Trucking Associations’ 2021 Virtual Law Review Webinar Series
• COVID-19 Lawsuits and Claims are Increasing Nationwide: Are You Prepared?
  Dec 15, 2020, Braden K. Core, Airforwarders Association's 2020 Members-Only Webinar Series
  With growing COVID-19-related lawsuits and regulations, it is particularly crucial for employers to understand the grounds for lawsuits as well as employer obligations in order to best minimize potential COVID-19-related liability. Attorneys Braden Core, Jack Finklea, and Katie Feary-Gardner of the Scopelitis Law Firm discussed both practical and legal considerations that employers should take into account.
• SSI Session "Surviving TSA Inspections and Enforcement Cases" Panel
  Jan 28, 2020, Braden K. Core, Airforwarders Association's 2020 AirCargo Conference - Nashville, TN
• Update on Independent Contractor Rulings, Laws, Bills, and Other Developments Across the Country
  Jan 16, 2020, Braden K. Core, Scopelitis Webinar Series
  An update regarding the latest information developing across the county, from California’s controversial AB 5 to New Jersey’s S4204. In addition, an overview of best practices, contract provisions, and common mistakes that can create legal jeopardy in motor carriers’ dealings with owner-operator/ independent contractors. 
• Owner-Operator Panel
  Jul 15, 2019, Braden K. Core, American Trucking Associations’ 2019 Trucking Legal Forum - Rancho Bernardo, CA
• Arbitration Update
  Jul 13, 2019, Braden K. Core, American Trucking Associations’ 2019 Trucking Legal Forum - Rancho Bernardo, CA
• TSA Compliance and Enforcement Update
  May 10, 2019, Braden K. Core, Customized Logistics and Delivery Association's 2019 Final Mile Forum & Expo - Phoenix, AZ
• The U.S. Supreme Court’s Opinion in New Prime: What It Means for Arbitration with Owner-Operators
  Apr 12, 2019, Braden K. Core, North American Transportation Employee Relations Association (NATERA) Webinar
• TSA / Government / 3rd Party Screening K9 Program
  Feb 11, 2019, Braden K. Core, AirCargo Conference - Las Vegas, NV
• Legal Issues Facing the Transportation Industry in 2019
  Feb 5, 2019, Braden K. Core, 20th Annual Trucking Owners and Leaders Roundtable - Indianapolis, IN
• Arbitration Hits the Skids: Unpacking the New Prime Opinion and What it Means for Arbitration with Owner-Operators
  Jan 28, 2019, Braden K. Core, Scopelitis Webinar Series
• Updates on Owner-Operator and Independent Contractor Issues
  Jul 15, 2018, Braden K. Core, American Trucking Associations General Counsel Forum - Santa Ana Pueblo, NM
• Transportation Industry Legal Challenges in 2018
  Feb 1, 2018, Braden K. Core, Trucking Owners Business Roundtable - Indianapolis, IN
• What “Rigged” Got Wrong: Structuring Lease-Purchase Programs to Avoid the Risks Outlined in USA Today’s “Rigged” Series
  Aug 22, 2017, Braden K. Core, Scopelitis Webinar Series
• International Logistics - Real World Examples of What Can Go Wrong, And How to Prevent It
  Jul 20, 2017, Braden K. Core, Scopelitis Webinar Series
• Independent Contractor Status in 2017
  Jul 17, 2017, Braden K. Core, American Trucking Associations' Forum for Motor Carrier General Counsel - Beaver Creek, CO
• Independent Contractor Challenges
  Jul 14, 2016, Braden K. Core, Scopelitis Webinar Series

Publications

• Law Alert: USDOL Releases Proposed Rule On Worker Status Under the Fair Labor Standards Act
  
  The U.S. Department of Labor released its Notice of Proposed Rulemaking (NPRM) with respect to Employee or Independent Contractor Classification Under the Fair Labor Standards Act. The proposal is expected to be published in the Federal Register on October 13, and the Department will accept comments for 45 days thereafter. As anticipated, the NPRM once again proposes to repeal the Department’s prior regulation on the same subject issued under the Trump administration (an earlier attempt at repeal was held improper by a federal district court) and replace it with a regulation it claims is more aligned with judicial precedent. Read more on this from Scopelitis.
• Transportation Brief: Individual PAGA Claims Can be Arbitrated, But Only Where the FAA Applies
  
  The U.S. Supreme Court held that California’s long-standing rule prohibiting parties from agreeing to arbitrate Private Attorneys General Act (PAGA) claims is preempted by the Federal Arbitration Act (FAA). However, there are limits to the holding. Read more from Scopelitis on those limits.
• Transportation Brief: Supreme Court Addresses “Transportation Worker” Exemption from the FAA
  
  In a unanimous opinion, the U.S. Supreme Court clarified who qualifies as a “transportation worker” for purposes of the exemption from the Federal Arbitration Act (FAA). In Southwest Airlines v. Saxon, the Court held that an airline’s ramp supervisor, who regularly performed loading and unloading of luggage, mail, and cargo, was exempt from the FAA. Read more about the Court’s reason and how it might apply to workers.
• Transportation Brief: Spotlight on The Firm’s Air and Ocean Practice
  
  Freight forwarders that handle air and ocean cargo face a daunting set of legal hurdles at every turn. The Scopelitis Air and Ocean Practice helps clients navigate this often-uncertain legal environment by charting a course to success that aligns with the unique objectives of each business. Learn more about how Scopelitis attorneys help businesses with air cargo and ocean cargo issues, respectively.
• Law Alert: Supreme Court Addresses “Transportation Worker” Exemption From the Federal Arbitration Act
  
  In a unanimous decision (8-0, with Justice Barrett recused) today, the U.S. Supreme Court clarified who qualifies as a “transportation worker” for purposes of the exemption from the Federal Arbitration Act (FAA).
• Law Alert: New Federal Arbitration Law - Impact on Transportation Providers
  
  Congress passed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The primary provisions of the new law appear to fall outside of the Federal Arbitration Act (FAA). However, the law does amend certain parts of the FAA to ensure that the new provisions concerning sexual assault and harassment claims apply “notwithstanding” anything to the contrary found in the FAA. Our arbitration team shares key takeaways for transportation providers.
• Transportation Brief: M&A Considerations for Air and Ocean Forwarders
  
  Freight forwarders that engage in air and ocean moves have become attractive targets for strategic and private-equity-backed acquisitions over the past several years. Buyers should be aware that change-in-control notice and approval processes for these businesses are more complicated when compared to U.S. surface-transportation providers. Read more about scenarios to consider, including but not limited to a few that have the potential to complicate and delay transactions.
• Transportation Brief: Transportation Worker Exemption from the FAA Requires a “Contract of Employment”
  
  Employers have successfully used arbitration under the Federal Arbitration Act (FAA) to resolve disputes on an individual basis. Unfortunately for transportation providers, the FAA does not apply to “contracts of employment” of drivers and other transportation workers who are engaged in interstate commerce. Read more about a recent decision from Massachusetts that reminds us that if the arbitration provision is not in a “contract of employment,” the FAA may still apply.
• Transportation Brief: Spotlight on Investigations and Audits
  
  While the transportation industry is largely deregulated, a surprising number of federal, state, and local government agencies write and administer a long—and growing—list of rules affecting transportation providers. These agencies regularly inspect for noncompliance, and they have the power to assess civil penalties for violations, place assets “out of service,” or worse. When the inspectors come calling, it is important to be prepared.
• Transportation Brief: Questions Remain After Change in Export Air Cargo Rules
  
  In the Spring 2021 edition of The Transportation Brief, we advised on an upcoming change to the rules governing cargo offered for international air transportation. The new rule, effective June 30, 2021, requires all cargo to be screened or handled pursuant to an “alternative framework.” This has caused significant disruption in the supply chain as shippers, air forwarders, and all-cargo aircraft operators attempt to navigate new compliance obligations.  Read more about these difficulties and how to stay ahead of the curve.
• Transportation Brief: Export Air Cargo Rules Changing in July
  
  On July 1, 2021, the rules governing cargo offered for international air transportation will undergo a significant change. Read more about distinctions that will be eliminated, the technology involved, and how companies can plan for the upcoming changes.
• Transportation Brief: A Bumpy Road for Arbitration Under the Biden Administration?
  
  With a new administration taking control, there may be renewed focus on efforts to curtail the use of mandatory arbitration agreements. What can we expect? 
• Transportation Brief: No Circuit Split (Yet) on the FAA “Transportation Worker” Exemption
  
  In the Summer edition of The Transportation Brief, we discussed the First Circuit’s recent holding that Amazon’s “AmFlex” delivery drivers are exempt from the Federal Arbitration Act (FAA), even if they do not cross state lines, because the goods they transport are moving in interstate commerce. Since then, the Ninth Circuit has agreed with the First Circuit in another case involving AmFlex drivers (over a strong dissent), while the Seventh Circuit reached the opposite conclusion (i.e., that delivery drivers are not exempt) in a case involving GrubHub.
• Law Alert: Ninth Circuit Weighs in on the “Transportation Worker” Exemption from the FAA
  
  The U.S. Court of Appeals for the Ninth Circuit issued a long-awaited opinion in a case involving the “transportation worker” exemption from the Federal Arbitration Act (FAA).
• Transportation Brief: Circuit Courts Grapple with the “Transportation Worker” Exemption
  
  The Supreme Court’s holding in New Prime has not been the death knell for the transportation industry’s efforts to enforce arbitration agreements under the FAA. Instead, the fight has moved to another element of the exemption, namely, whether the individual belongs to a class of workers engaged in interstate commerce. Read more about the First Circuit's ruling, unsettled questions on this topic, and the potential for transportation arbitration cases to appear on the Supreme Court's docket in the future.
• Law Alert: First Circuit Rules that Delivery Drivers Need Not Cross State Lines to Be Exempt from the Federal Arbitration Act
  
  The U.S. Court of Appeals for the First Circuit held that last-mile drivers who do not cross state lines are nonetheless interstate “transportation workers” exempt from the FAA so long as they transport goods or people within the “flow of interstate commerce.” The First Circuit’s opinion is the first circuit-level holding on this issue. Read the latest.
• Scopelitis in the News: "NJ Ruling Opens State Battles On Transpo Worker Exemption." Law360. July 16, 2020.
  
  Scopelitis Partner Braden Core in Law360 regarding the New Jersey Supreme Court's reinforced employers' arbitration agreements under Garden State law.
• Transportation Brief: PHMSA Fails to Act on “Harmonization” Rulemaking
  
  Transportation providers are closely watching the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) “harmonization” rulemaking. Read more about this rulemaking, including its potential to change requirements regarding making Lithium Battery Test Summary information available. 
• Scopelitis International News: November 2019
  
  Updates from Scopelits' International Transportation & Logistics Law Team including insights on shipping sanctions, ICAO increasing the liability limit, assessing the risk of anti-corruption violations, and a contract review tip.
• Transportation Brief: PHMSA Updating Rules on the Transportation of Lithium Batteries
  
  The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations in an effort to maintain alignment with international standards. Read more about proposed changes. 
• Transportation Brief: California Takes Aim at Mandatory Arbitration
  
  The Governor of California recently signed into law AB 51. Read more about how the new law impacts transportation businesses and what you should do now that AB 51 is law.
• Law Alert: New TSA Program Could Help Avoid Civil Penalties
  
  The Scopelitis Air Cargo Team on TSA's new Action Plan Program.
• Scopelitis International News: August 2019
  
  The latest international transportation news including changes to China NVOCC registration, UK SFO corporate co-operation guidance liability for a foreign subsidiary, OFAC violations, and upgraded Venezuela sanctions.
• Scopelitis International News: July 2019
  
  The latest from Scopelitis International Transportation & Logistics team, including TSA's Action Plan Program, the United States-Mexico-Canada Agreement (USMCA), Brexit, and annual compliance check-ups. 
• Scopelitis International News: June 2019
  
  Updates from Scopelitis' International Transportation & Logistics Law team.
• Scopelitis International News: May 2019
  
  Updates from Scopelitis' International Transportation & Logistics Law team.
• Law Alert: DOL Issues Opinion Letter Deeming Gig Economy Workers Independent Contractors
  
  Scopelitis attorneys highlight key facts and circumstances considered by the DOL under each factor of the economic realities test.
• Scopelitis International News: April 2019
  
  Updates from Scopelitis' International Transportation & Logistics Law team.
• Transportation Brief: Supreme Court Weighs in on Arbitration with Owner-Operators
  
  At issue in New Prime, Inc. v. Oliveira, decided on January 15, 2019, was whether Mr. Oliveira—who personally drove a lease-purchase truck—was exempt from the Federal Arbitration Act (FAA) because he had a “contract of employment.” The answer would determine whether Prime could invoke the FAA to enforce an arbitration agreement Mr. Oliveira had agreed to.
• Scopelitis International News: March 2019
  
  Updates from Scopelitis' International Transportation & Logistics Law team.
• Scopelitis International News: February 2019
  
  Updates from Scopelitis' International Transportation Law team.
• Scopelitis International News: January 2019
  
  Updates from the Scopelitis International Transportation Law team. 
• Scopelitis in the News: "Arbitration Isn't Dead After New Prime, Law Firm Says, But States Will Be the Battleground." January 29, 2019. FreightWaves.
  
  Scopelitis Partner Braden Core in FreightWaves on a series of decisions that have not clarified the legal status of whether an independent owner operator is an employee or an independent contractor.
• Scopelitis in the News: "Supreme Court’s Ruling on Arbitration Narrow in Scope Despite Clear Ramifications." January 16, 2019. Commercial Carrier Journal (CCJ).
  
  Scopelitis Partner Braden Core in Commercial Carrier Journal on the U.S. Supreme Court opinion in New Prime, Inc. v. Oliveira.
• Law Alert: U.S. Supreme Court Unanimously Declares Owner-Operators Exempt from the Federal Arbitration Act
  
  Read more from Scopelitis on the U.S. Supreme Court opinion in New Prime, Inc. v. Oliveira.
• Scopelitis in the News: "Supreme Court Rules Truck Owner-Operators Can't Be Forced into Arbitration." January 15, 2019. Heavy Duty Trucking (HDT) eNews.
  
  Scopelitis Partner Braden Core in Heavy Duty Trucking eNews on the U.S. Supreme Court opinion in New Prime, Inc. v. Oliveira.
• Scopelitis International News: December 2018
  
  From Scopelitis' International Practice, this issue focuses on Canine Cargo Screening; Freight Forwarder Contract Issues; FCPA M&A Diligence Guidance and New GDPR Guidelines.
• Scopelitis International News: November 2018
  
  From Scopelitis' International Practice, this issue focuses on Iran Sanctions Update; TIACA Air Cargo Forum 2018; Freight Forwarder Contract and the GDPR Offspring.
• Scopelitis International News: October 2018
  
  From Scopelitis' International Practice, this issue focuses on NAFTA-2; Air Cargo Advance Screening Program; FCPA Update and the Sulfur Cap.
• Law Alert: U.S. Supreme Court Hears Oral Argument in New Prime
  
  Read more on the oral argument in New Prime, Inc v. Oliveira a case primarily about whether trucking independent contractors are exempt from the Federal Arbitration Act (FAA).
• Video Law Alert: New Prime Oral Argument Preview
  
  Read a preview of next week’s oral argument in a trucking case pending before the United States Supreme Court that will significantly impact the use of arbitration to resolve disputes with owner-operators.
• Scopelitis International News: September 2018
  
  From Scopelitis' International Practice, this issue focuses on FCPA enforcement; Anti-Boycott Laws; EU’s Global Data Protection Regulation and the New FMC Rule for NVOCCS.
• Law Alert: Supreme Court Allows Class Waivers in Arbitration
  
  Read Scopelitis' take on the Supreme Court ruling that Class-Action and Collective-Action Waivers in Arbitration Agreements Do Not Violate the NLRA
• Law Alert: Supreme Court to Consider the “Transportation Worker” Exemption from the Federal Arbitration Act
  
  Read Scopelitis' take on the U.S. Supreme Court agreeing to hear an appeal by motor carrier New Prime, Inc. challenging a decision by the U.S. Court of Appeals for the First Circuit that found the company’s owner-operators worked under “contracts of employment.” 
• Transportation Brief: Best Practices for Structuring Lease-Purchase Programs
  
  Responding to increased interest in entrepreneurship opportunities and capacity demands, many lease-purchase programs are available for sole proprietor owner-operators.
• Transportation Brief: Arbitration with Owner-Operators Continues to Offer Promise and Peril
  
  When correctly applied, arbitration can be an efficient method of resolving disputes and mitigating the risk of class and collective litigation. For transportation providers, arbitration poses unique challenges due to the exception from the Federal Arbitration Act for “contracts of employment” with “transportation workers.”
• Law Alert: First Circuit Denies Full-Court Review of Arbitration Opinion Unfavorable for Transportation Providers
  
  Read more on Scopelitis' take on First Circuit decision. 
• Scopelitis In the News: "The Hidden Risk in Shipping Dangerous Goods to the United States." Issue 20 of Backchat Newsletter by Backhouse Jones
  
  Scopelitis Partner Braden Core and Attorney Elizabeth Bolka on government regulation of the commercial transportation of dangerous goods.