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Potential West Coast Port Labor Disruptions Loom Large for Importers and Exporters, Including Those of FDA-Regulated Products

On July 1st, the contract between the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA) officially expired, increasing the potential of a work stoppage and cargo disruption at West...more

FCPA Compliance and Ethics Report-Episode 68-Neil Swidey, author of Trapped Under the Sea [Video]

In this episode of the FCPA Compliance and Ethics Report, I visit with Neil Swidey, author of Trapped Under the Sea. Neil connects Safety, Management and compliance in talking about his compelling new book. ...more

Cooper v. Meridian Yachts – Complex International Maritime Case

In this complex international admiralty case, a sea captain sustained an injury as a result of a defective food lift on a ship. The ship owner, manager, and employer brought third-party claims against the ship designer and...more

FCPA Compliance and Ethics Report-Episode 62-Self Disclosure Issues Under the FCPA, a conversation with Bill Athanas and David... [Video]

In this episode I visit with Bill Athanas and David Simon on what issues a company should consider when evaluating whether it should self-disclose to the DOJ/SEC about potential FCPA violations...more

New Insurance Law in Chile

Chile’s new insurance law came in to force on 1 December 2013. The new rules amend the Chilean Code of Commerce, including rules deriving from the 1865 Civil Code. We have summarised some of the features of the new law....more

Designated Entity Clauses — No Substitute For Knowing Who You Are Dealing With

With increasing frequency, parties to charters and other maritime contracts are including so-called Designated Entity Clauses or “OFAC” provisions. These clauses have the aim of complying with sanction programs such those...more

Unrest in Egypt – issues faced by shipowners

Current status in Egypt - The overthrow of President Mohammed Morsi by the Egyptian military has resulted in violent scenes, civil unrest and hundreds of deaths across Egypt. Many in the maritime world are watching...more

Foreign NVOCCs Must Renew Registration with FMC by October 17

The Federal Maritime Commission issued a new rule earlier this year that, effective July 19, registered, foreign-based NVOCCs may take advantage of Negotiated Rate Arrangements (NRAs), in lieu of published rates in their...more

2013 AAPA Port Administration and Legal Issues Seminar - Update on the Rotterdam Rules

In This Presentation: Update on the Rotterdam Rules. Excerpt from Update on the Rotterdam Rules - What is it? ..The Rotterdam Rules is a new draft multilateral Convention to update the liability...more

REGULATORY: Mining and Natural Resources Regulatory; Maritime Deep Seabed Mining: The Next Wave -- U.S. Seabed Mining Regulatory...

Part I of this article appeared in the December 2012 Energy Newsletter and provided an introduction to the three principal types of seabed ore deposits, a history of exploration efforts, and an overview of the 1982 United...more

Cuba Practice Update - April 11, 2013

Cuba Details Rules for Special Economic Zone - The Cuban government last week released details of customs reforms for a long-planned free trade industrial manufacturing and maritime shipping facility in the Mariel...more

Marine Transportation and Anti-Money Laundering

My recent article on the marine transportation industry and the Foreign Corrupt Practices Act (FCPA) generated some discussion ranging wider than simply the port agent issue regarding interaction with foreign government...more

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

Can price-fixing abroad be prosecuted criminally under the U.S. Sherman Act? The antitrust bar might well raise an eyebrow at the question. Since international cartels became a focus of the Department of Justice’s Antitrust...more

FMC Proposes Permitting Foreign-Based NVOCCs to Use Negotiated Rate Agreements

On February 22, the Federal Maritime Commission (FMC) issued a proposed rule that would permit foreign-based unlicensed non-vessel-operating common carriers (NVOCCs) to offer and enter into Negotiated Rate Arrangements (NRAs)...more

Florida Port Strike May Not Happen As Negotiations Continue Into 2013: News Release of the Week

Florida's economy needs its active and efficient ports and while on one hand, there's construction underway to make Port Miami big enough to deal with the increased traffic coming from the Panama Canal expansion, on the other...more

TRANSACTIONAL: Transaction: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to Provide Protection and...

The use of port liability agreements to allocate ship-shore liability in a marine casualty event has been widely adopted by U.S. LNG import terminals. As many of these terminals transition to bi-directional operations, they...more

Dockworkers Union Threatening to Strike October 1

The dockworkers union along the East and Gulf Coasts is threatening to strike on October 1, should there be no agreement with transportation providers by the end of September. Such a work stoppage will adversely affect U.S....more

Port State Control Detention Over Two Hour Temporary Defect Upheld

In a decision handed down last week, the Administrative Appeals Tribunal upheld a PortState Control decision to detain a ship for a defect which was rectified within approximately two hours of the inspection. Whilst the...more

Asteroid Mining in Space: Is it Legal? [Video]

May 3 (Bloomberg Law) -- Frans von der Dunk, professor of Space Law at University of Nebraska-Lincoln, College of Law, talks with Bloomberg Law's Lee Pacchia about the legal implications of a new company's plans to mine near...more

GUARDCON

All industry participants will be well aware of the difficulties caused by the recent flourishing of piracy in the western Indian Ocean and elsewhere. A whole vessel security industry continues to grow, particularly in Dubai,...more

Hill Harmony case still defines a master’s authority

Originally published in Tanker Shipping & Trade I October/November 2011. The law is explicit on who has the final say on a vessel’s route, writes John A C Cartner* A great deal of ink has been spilt by commentators...more

Shipping Newsletter - August 2011, Issue 28

In this issue: The Effect of Insolvency on a Charterparty; The Bribery Act 2010; Federal Maritime Commission Eases Rate Filing Requirements; Update: Sanctions Regimes; Case Study: Refusal of Orders to proceed to Yemen; Case...more

Shipping Group Monthly Bulletin - July 2011

In This Issue: BIMCO...3 BIMCO publishes Wreckhire 2010...3 CIVIL PROCEDURE...4 High Court grants relief from sanctions where the deadline for service of a witness statement was a bank holiday,...more

US security rule is a curse on seafarers

The maritime hobgoblin rears its head again.Work in maritime America ismeted out to theworthy by the organs of state security. The Transportation Security Administration is the gatekeeper,with the detested...more

Trade Association Asks FMC to Reopen NRA Rulemaking

On April 12, 2011, counsel for the National Customs Brokers and Forwarders Association of America (“NCBFAA” or “the Association”) submitted a letter to the Federal Maritime Commission (“FMC”) offering commentary and a request...more

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