Transportation in Review 2015
We are once again delighted to present our annual survey of what is new in the field of transportation law.
1. Truck Drivers – Employees or Independent Contractors?
In an oral argument held in November, 2008, a creative young lawyer named Ted Cruz, who has since gone on to bigger things, helped convince the U.S. Court of Appeals for the D.C. Circuit that the drivers for his client Federal Express were not employees but rather independent contractors with no rights to collective bargaining. The primary basis for the court’s ultimate holding was the entrepreneurial possibilities open to the drivers – they were permitted to operate multiple routes by hiring additional drivers and helpers. 563 F.3d 492 (2009).
FedEx has since tried to duplicate its success in courts around the country but those efforts have met with opposition from drivers and unions, and they received a thumbs down from courts around the country in 2014.
This is just one of the issues covered in this year's Annual Review.
Click Learn More to read this year's newsletter.
Barclay Damon attorney Stephen Oleskey named chair of Massachusetts Attorney General-elect's transition team.
Barclay Damon Of Counsel Stephen H. Oleskey has been named chair of Massachusetts Attorney General-elect Maura Healey's transition team. The transition team is comprised of a diverse and experience group of attorneys, prosecutors and community leaders who will help guide Healey's transition into office. Oleskey, resident in the firm's Boston office, also served as co-chair for Healey's campaign.
Barclay Damon attorney Brian Whiteley appointed to Board of Bar Overseers.
Barclay Damon Partner Brian E. Whiteley, who is resident in the firm's Boston office, has been appointed as a hearing officer for the Board of Bar Overseers of the Supreme Juidicial Court, effective January 1, 2015. The Board of Bar Overseers was established by the Supreme Judicial Court in 1974 as an independent administrative body to investigate and evaluate complaints against lawyers. Hearing officers serve three year terms and a term can be renewed once.
Barclay Damon attorney Mickey Osterreicher testified at subcommittee hearing.
Barclay Damon Of Counsel Mickey H. Osterreicher testified on December 3, 2014 at a hearing convened by the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on H.R. 917, the Sunshine in the Courtroom Act of 2013. Osterreicher, who also serves as General Counsel for the National Press Photographers Association (NPPA), testified on behalf of the NPPA, which is one of 19 national media and legal organizations known as the Coalition for Court Transparency (CCT). The CCT advocates for a more open and accountable U.S. Supreme Court and federal court system.
Mickey Osterreicher (right), being sworn in before testimony, along with the
Hon. Julie A. Robinson (left), Judge United States District Court for the District of Kansas.
Photo credit: John Harrington
Barclay Damon attorneys and staff participate in a Community Day in Rochester.
Barclay Damon attorneys and staff members from the firm’s Rochester office participated in a Community Day at Foodlink on Friday, December 5. The volunteers organized food donations for school children to take home in backpacks on the weekends. Foodlink provides food to a network of human service agencies throughout Western New York, serving meals via a commercial kitchen and offers more than 30 food-related programs for Allegany, Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, and Yates Counties. Community Day is part of Barclay Damon's Diversity & Inclusion Initiative that encourages attorneys and staff to volunteer during work hours to assist a variety of local agencies throughout the year.