Brandon K. Wiseman
Mr. Wiseman’s practice is devoted to serving clients on a wide variety of legal issues directly affecting the transportation industry, with a concentration on USDOT regulatory and hazardous materials compliance.
Brandon K. Wiseman regularly counsels clients on an array of regulatory and transportation-related issues. He defends USDOT safety audits and civil penalty proceedings; conducts on- and off-site due diligence audits in many areas, including USDOT compliance and independent contractor classification; and represents clients before administrative agencies, including state unemployment taxing authorities. Mr. Wiseman is a frequent speaker before transportation industry groups, lecturing on such topics as USDOT compliance and independent contractor classification.
On The Road
- Arbitration Hits the Skids: Unpacking the New Prime Opinion and What it Means for Arbitration with Owner-Operators
Jan 28, 2019, Brandon K. Wiseman, Scopelitis Webinar Series
- What to Expect from the DOT in 2019 and Beyond
Jan 17, 2019, Brandon K. Wiseman, Scopelitis Webinar Series
- FMCSA Regulatory Forecast 2017
Jan 26, 2017, Brandon K. Wiseman, Scopelitis Webinar Series
- Transportation Brief: Spotlight on Scopelitis Emerging Tech PracticeThe way transportation companies conduct business today is changing quicker than ever, with technology presenting new opportunities and challenges. The Scopelitis Firm actively follows these changes and frequently assists newly-formed, technology-based transportation companies and established companies that seek to adopt new technologies to enhance their existing business model.
- Transportation Brief: Transporting Hemp Still Risky Business After 2018 Farm BillThe 2018 Farm Bill (the Bill) removed hemp and hemp-derived products—provided they contain a THC concentration of 0.3% or less—from the Controlled Substances Act’s definition of marijuana, effectively decriminalizing the transportation of those products at the federal level. But, as some carriers and their drivers have learned, states can prohibit transportation of hemp and related products within their borders.
- Law Alert: Idaho and Other States Dig In Their Heels on Interstate Hemp TransportationMore from Scopelitis on the Big Sky Scientific, LLC v. Idaho State Police case involving shipments of hemp that pass through their borders.
- Law Alert: U.S. Supreme Court Unanimously Declares Owner-Operators Exempt from the Federal Arbitration ActRead more from Scopelitis on the U.S. Supreme Court opinion in New Prime, Inc. v. Oliveira.
- Law Alert: U.S. Supreme Court Hears Oral Argument in New PrimeRead 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 PreviewRead 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.
- Law Alert: FMCSA Declares Regional Emergency and Exemptions in Anticipation of Hurricane FlorenceRead more on the Federal Motor Carrier Safety Administration's Regional Emergency Declaration and exemption in connection with Hurricane Florence.
- Scopelitis in the News: Scopelitis Attorneys Serve as Keynotes at SmartDrive Customer Conferences Spotlight Key Trends and Best Practices in TransportationScopelitis Attorneys Annette Sandberg and Brandon Wiseman keynote speakers sold-out SmartDrive customer conferences focused on shared learning and collaboration amongst transportation industry leaders.
- Law Alert: Supreme Court Allows Class Waivers in ArbitrationRead Scopelitis' take on the Supreme Court ruling that Class-Action and Collective-Action Waivers in Arbitration Agreements Do Not Violate the NLRA
- Transportation Brief: Full Enforcement of the ELD Mandate CommencesPreviously, ELD violations, though listed on roadside inspection reports and sometimes prompting fines, did not result in out-of-service orders or negatively impact a motor carrier’s Safety Measurement System (SMS) scores. Now, drivers who are subject to the ELD mandate and found to be operating without a device will be placed out of service for 10 hours. Read more here.
- Law Alert: FMCSA Modifies Guidance to Authorize the Use of AOBRD Software on ELD-capable Hardware through December 16, 2019Read Scopelitis' take on modified FMCSA guidance regarding AOBRD software.
- Law Alert: Supreme Court to Consider the “Transportation Worker” Exemption from the Federal Arbitration ActRead 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: ELDs Present Unique Opportunities and Challenges for Shippers and IntermediariesThe ELD mandate, although not directly applicable to anyone other than regulated motor carriers and their drivers, may have a ripple effect on other industry stakeholders, including shippers and third-party intermediaries.
- Transportation Law Alert: DOT Adds Four Semi-Synthetic Opioids to Its Industry Drug Testing PanelRead Scopelitis' take on the DOT's Final Rule on four semi-synthetic opioids being added to its drug testing panel for DOT-regulated industries.
- Scopelitis in the News: "CSA Study and Next Steps." September 2017 Logistics Carrier Journal, A Monthly Publication of TIAScopelitis Attorneys Nathaniel Saylor and Brandon Wiseman offer a summary of FMCSA's study of the CSA Program.
- Law Alert: First Circuit Denies Full-Court Review of Arbitration Opinion Unfavorable for Transportation ProvidersRead more on Scopelitis' take on First Circuit decision.
- Law Alert: Study Concludes CSA is Sensibly and Reasonably Structured But Recommends ImprovementsRead more on Scopelitis' take on NAS report.
- Law Alert: FMCSA Withdraws Proposed “Safety Fitness Determination” Rule