Braden K. Core
Mr. Core focuses his practice on the representation of motor carriers, forwarders, and logistics companies in regulatory compliance, contract reviews, and owner-operator arrangements. He also litigates commercial disputes, including class actions.
Braden K. Core counsels clients on a wide array of transportation-related issues, including owner-operator arrangements, challenges to independent-contractor classification, Federal Leasing Regulations compliance, and contract reviews. He also represents companies facing investigations by the FAA, regarding the transportation of Hazardous Materials/Dangerous Goods by air, and by TSA, regarding air-cargo safety regulations. Finally, Mr. Core is an experienced litigator who has tried several commercial cases, including two jury trials, and participated in the defense of class actions against motor carriers involving allegations of Federal Leasing Regulations violations and challenges to independent-contractor classification.
On The Road
- 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 SeriesWith 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 SeriesAn 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
- 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” ExemptionIn 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.
- Transportation Brief: Circuit Courts Grapple with the “Transportation Worker” ExemptionThe 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 ActThe 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” RulemakingTransportation 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 2019Updates 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 BatteriesThe 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 ArbitrationThe 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 PenaltiesThe Scopelitis Air Cargo Team on TSA's new Action Plan Program.
- Scopelitis International News: August 2019The 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 2019The 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 2019Updates from Scopelitis' International Transportation & Logistics Law team.
- Scopelitis International News: May 2019Updates from Scopelitis' International Transportation & Logistics Law team.
- Law Alert: DOL Issues Opinion Letter Deeming Gig Economy Workers Independent ContractorsScopelitis attorneys highlight key facts and circumstances considered by the DOL under each factor of the economic realities test.
- Scopelitis International News: April 2019Updates from Scopelitis' International Transportation & Logistics Law team.
- Transportation Brief: Supreme Court Weighs in on Arbitration with Owner-OperatorsAt 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 2019Updates from Scopelitis' International Transportation & Logistics Law team.
- Scopelitis International News: February 2019Updates from Scopelitis' International Transportation Law team.
- Scopelitis International News: January 2019Updates 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 ActRead 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 2018From 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 2018From 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 2018From 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 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.
- Scopelitis International News: September 2018From 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 ArbitrationRead 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 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: Best Practices for Structuring Lease-Purchase ProgramsResponding 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 PerilWhen 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 ProvidersRead 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 JonesScopelitis Partner Braden Core and Attorney Elizabeth Bolka on government regulation of the commercial transportation of dangerous goods.