Labor & Employment Transportation Maritime

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InterConnect - Summer 2015

Shippers who are used to doing business with motor carriers often present freight brokers with a shipper-carrier agreement (often described as a “Motor Carrier Agreement”) of one kind or another to serve as the basis of a...more

Registration of Cyprus Ships

Cyprus is a leading forum in the international maritime industry mostly due to its attractive tax system for ship owners and ship managers and due to its ratification of major international maritime conventions. Cyprus is...more

Fifth Circuit Rules Only a Seaman Can Commit Seaman’s Manslaughter

A recent decision of the U.S. Court of Appeals for the Fifth Circuit Court serves as a good reminder that criminal statutes say only what they say, and that it is up to the legislature to revise statutes to expand their scope...more

West Coast Ports Labor Turmoil - Time to Dust Off That Overlooked Force Majeure Clause?

The simmering labor dispute between the International Longshoreman and Warehouse Union and the Pacific Maritime Association, which represents West Coast port owners, has begun to capture the attention of businesses that have...more

What if the West Coast Ports Shut Down by Lockout or Strike? Is it Time to Invoke Taft-Hartley?

Since the expiration of a labor contract in July 2014, negotiations for a new contract have dragged on between management representatives of the Pacific Maritime Association (PMA)—a multi-employer bargaining association...more

Mainbrace - January 2015 No. 1

In this issue: - A Sea Change Sweeps over Congress: A Look Back and a Look Ahead - Shipping & International Trade Law (Second Edition 2015) - Congress Passes Coast Guard Bill in Waning Hours of 113th...more

New Jones Act Enforcement Initiative

Action Item: U.S. Customs and Border Protection (“CBP”) issued a Notice to the Area Port of New Orleans Trade Community on November 12, 2014, announcing electronic online reporting of possible Jones Act violations. Owners and...more

Fifth Circuit Narrows “Adjoining Area” Definition In LHWCA Jurisdiction Test

On April 29, 2013, the Fifth Circuit issued an opinion for the en banc Court in New Orleans Depot Services, Inc. v. Director OWCP, 718 F.3d 384 (5th Cir. 2013) that effectively reformulated the 1972 situs jurisdictional...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

Strike Threatens Port of Charleston

After the latest breakdown in labor negotiations, ports along the U.S. East and Gulf coasts, including Charleston, are threatened with a strike by the International Longshoremen’s Association (ILA). The ILA and the...more

The Fifth Circuit Restates Three Duties Vessel Owners Owe Longshore Employees

Under Section 905(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), a vessel owner owes three duties to longshore employees. In October 2012, the Fifth Circuit granted a summary judgment dismissing serious...more

Impact of NSW Workers Compensation Changes on the Maritime Sector

Changes to the NSW workers compensation insurance scheme have just been passed which substantially restrict the range and reduce the level of compensation available to injured workers in NSW. The changes are not only...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

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