- videocam Live Online with Live Q&A
- calendar_month October 27, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Commercial Law
- schedule 90 minutes
Demurrage and Detention Practices and Disputes: Recent Developments in Regulation and Litigation
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Description
Charges for D&D are a fact of life in shipping operations, but historically, non-uniform and unclear billing practices created disputes between shippers and carriers. On May 28, 2024, a new, final FMC rule went into effect (46 C.F.R. Part 541) specifying exactly how D&D invoicing must occur with the intent of streamlining the resolution of disputes. Counsel now have a body of decisions from which to draw conclusions about how well the new rule is working in reducing disputes.
A clear invoice, however, does not eliminate D&D disputes over the reasonableness of charges, contractual terms, and other issues. The requirements in 46 USC 41102 and application of the FMC's "incentive principle" remain important issues. In February 2025, the FMC issued its first major decision in TCW Inc. v. Evergreen Shipping Agency (America) Corp., demonstrating how it would apply the incentive principle. The case also offers lessons about the type of evidence needed by maritime terminal operators seeking to enforce their charges as most cases are fact sensitive.
Listen as this panel discusses recent developments in resolving D&D disputes, the impact of the final FMC rule, and the FMC's approach to disputes about the reasonableness of D&D practices.
Presented By

Ms. Curiel-Molina manages commercial litigation cases from start to finish, guiding clients through every stage—from initial filings, discovery, and motions, all the way to trial or settlement. She is experienced with a wide variety of business disputes, particularly those that involve contracts and commercial intentional torts. At Husch Blackwell, Ms. Curiel-Molina supports the Transportation team, representing shippers, carriers, brokers, and intermediaries in litigation. Many of these cases involve the Carmack Amendment, the Federal Aviation Administration Authorization Act (FAAAA), and the Carriage of Goods by Sea Act (COGSA), as well as the liability limitations these laws establish.

Ms. Maurer has 20+ years' experience as a transportation logistics attorney and litigator, she handles all legal matters for transportation/transportation-adjacent companies, including contract drafting and analysis, day-to-day legal consultations, regulatory advice, and complex litigation, often involving lost, damaged, or delayed cargo. Ms. Maurer represents clients operating in every transportation sphere, touching all points of the supply chain across the globe, including shippers, brokers (3PLs), motor carriers, freight forwarders, marine and energy companies, intermediaries, NVOCCs, warehouses, ocean vessels, and software providers for vehicle tracking systems and autonomous vehicles, as well as consignees/consignors, and she also represents major corporations dealing with shipping or supply chain issues. She handles disputes involving both intrastate, interstate, and international commerce.

After nearly a decade in the federal government, Mr. Nashed guides clients through the complexities of ocean law and maritime regulations. He helps shippers, carriers, brokers, truckers, and intermediaries understand and navigate the complex federal regulations governing transportation, ocean shipping, and maritime commerce. Mr. Nashed advises on regulatory compliance, negotiates shipping contracts, and provides practical guidance for day-to-day legal questions. As a member of the firm’s Ocean Law team, he has a strong command of the Ocean Shipping Reform Act and other laws and regulations, with a particular focus on the many regulatory changes enacted in the 2010s and 20s.

Ms. Tang represents ocean carriers, marine terminal operators, ocean transportation intermediaries (OTIs), and other shipping and trade stakeholders in matters related to containerized ocean vessel transit and port operations. A former Federal Maritime Commission (FMC) attorney, she advises on FMC regulations, shipping restrictions, and licensing requirements for OTIs. Ms. Tang is well-versed in detention and demurrage issues and applying the Shipping Act and Ocean Shipping Reform Act to protect clients. In addition to her maritime law work, she also offers counsel on international trade regulations, customs matters, tariffs, and export controls.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Monday, October 27, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. Introduction and overview of D&D
II. FMC regulatory framework
III. Enforcement landscape
IV. Emerging developments
Benefits
The panel will discuss these and other important issues:
- What have been the primary areas of focus in FMC investigations and enforcement actions related to D&D?
- What do FMC regulations require of VOCCs and MTOs billing D&D?
- What challenges have been made to the new final rule on D&D billing?
- What are best practices for collecting evidence needed to show that a billing practice is unreasonable?
- What does TCW Inc. v. Evergreen signal about how the FMC applies the incentive principle?
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