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Maritime Updates

Read need-to-know updates, commentary, and analysis on Maritime issues written by leading professionals.

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii)...more

U.S. Dodges OPA Claim But Must Defend Against Insurer’s Negligence Claims

On September 15, the U.S. Court of Appeals for the First Circuit released a significant Oil Pollution Act (OPA) ruling. The case is Ironshore Specialty Insurance Company v. U.S., et al. The Court of Appeals affirmed the...more

Financing Risks of Vessel Modification Outside the United States

by Reed Smith on

Whilst there is much in the news at the moment about the relaxing of the Jones Act in the aftermath of the recent (and on-going) hurricanes, we consider the financing risks of vessel modification outside the United...more

Ninth Circuit Confirms That the Turnover Duty Under the Longshore and Harbor Workers’ Compensation Act Includes a Duty to Inspect...

by Lane Powell PC on

Murray v. Southern Route Maritime, SA et al., No. 14-36056 (9th Cir. 2017), relates to an on-the-job injury. The plaintiff, Roger Murray, was employed as a longshoreman wherein he was working on the defendants’ vessel. On...more

DHS Extends Jones Act Waiver to Sept. 22 and Broadens Geographic Area Covered - Customs and Border Protection Issues Q&A...

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke has issued an extension of the original Sept. 8 Jones Act waiver to Sept. 22. The extended waiver, dated Sept. 11, 2017, but only recently posted by the U.S. Department of...more

Department of Homeland Security Extends Jones Act Waiver

by Blank Rome LLP on

Maritime - ACTION ITEM: On September 12, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a new Jones Act waiver for refined products, effectively broadening and extending the previously...more

Risk Management is Crucial to Prepare the Industry for Tomorrow’s Maritime World, According to Panellists at Reed Smith’s London...

by Reed Smith on

Global law firm Reed Smith played host to a panel of shipping industry experts on 12 September to discuss ‘Tomorrow’s Maritime World, Today’. Representatives from a cross-section of the industry each brought their unique...more

Jones Act Waiver Granted in Response to Hurricanes Harvey and Irma

by Blank Rome LLP on

Action Item: On September 8, 2017, Acting Secretary of the Department of Homeland Security (“DHS”) Elaine Duke granted a seven-day waiver of the Jones Act in the interest of national defense. The waiver was issued to...more

Customs and Border Protection Readies for Hurricane Irma

by Kelley Drye & Warren LLP on

On September 6th Customs and Border Protection (“CBP”) released a statement regarding cargo processing during the upcoming hurricane. In the wake of Hurricane Harvey, diversion of cargo to open ports was a key factor in...more

Harvey's Impact on U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request - Process Cumbersome for Storm-Related Waivers,...

by Holland & Knight LLP on

• A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and...more

Sen. McCain's New Jones Act Repeal Effort Not Likely to Progress

by Holland & Knight LLP on

• Sen. John McCain's proposed "Open America's Waters Act of 2017" is the Arizona Republican's fourth effort to eliminate or sharply pare back Jones Act cabotage restrictions in the past eight years. • McCain's latest...more

Tokyo and Paris Launch Concentrated Inspection Campaign on Safety of Navigation

by Reed Smith on

The Maritime Authorities of the Tokyo and Paris Memoranda of Understanding (MOU) on Port State Control have launched a joint Concentrated Inspection Campaign (CIC) on Safety of Navigation. The CIC will commence on 1 September...more

Fifth Circuit Addresses A Complicated Cargo Dispute, Resulting In A Victory For Vessel-Operating Common Carriers

by Liskow & Lewis on

In GIC Services, L.L.C. v. Freightplus USA, Inc., No. 15-3097 (5th Cir. Aug. 8, 2017), the United States Fifth Circuit Court of Appeals held that an ocean carrier stiffed by an intermediary in a freight transaction may...more

Vitol SA v Beta Renowable SA

by Reed Smith on

The High Court has handed down Judgment in Vitol SA v Beta Renowable SA [2017] EWHC 1734 (Comm) highlighting the importance of ensuring that communication and conduct for the purpose of accepting repudiatory breach is clear...more

Senate Confirms Adm. Buzby to Head U.S. Maritime Administration

by K&L Gates LLP on

On Thursday, August 3, Admiral Mark Buzby was confirmed by voice vote by the United States Senate to become the Administrator of the U.S. Maritime Administration (MARAD). This is the earliest a MARAD Administrator for an...more

THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington...

by McDermott Will & Emery on

On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International...more

Antitrust Alert: Germany Issues Antitrust Guidance on Multilateral and Unilateral Behavior

by Jones Day on

The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. While the guidance is contained in the FCO's report on its sector inquiry into the cement and ready-mix concrete...more

Shippers, Freight Forwarders, NVOCCs and Carriers' Maritime Incident Warning Signs - Lessons Learned and Action Items for In-House...

by Holland & Knight LLP on

Despite the alleged softening of the maritime industry since 2008-09, the volume of waterborne trade continues to rise. The ebbs and flows of the industry mean changing partnerships and alliances, more complicated logistics...more

Coast Guard, DHS Mandate Cybersecurity Reporting, Move to Require Maritime Cybersecurity Programs - Trump Administration, Congress...

by Holland & Knight LLP on

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 17 CI sectors, including the transportation and maritime sector – continue to grow exponentially. The U.S. government and Department of Homeland...more

Arrested Development: Ship Released from Arrest Despite Pending Appeal

In Platypus Marine, Inc. v. TATU (TATU), the Federal Court of Canada (Court) ordered that the defendant ship be released from arrest because there was no outstanding judgment. Although the plaintiff was appealing a judgment...more

Update: Does a Shipowner Have to Sell Its Ship in Order to Mitigate Its Loss? Supreme Court Says No!

by Reed Smith on

In our client alert “Does a shipowner have to sell its ship in order to mitigate its loss?” in November 2016, we discussed the controversial Court of Appeal decision in The New Flamenco. On 28 June 2017 the eagerly...more

SUPPLYTIME 2017

by Reed Smith on

On 6 June 2017 BIMCO approved an updated version of the widely adopted, if not always wisely adapted, SUPPLYTIME form. Many had commented that the previous version of the form (2005) was inadequate in a number of significant...more

Application of the Crossing Rules When in Proximity to a Narrow Channel or Fairway, and the “Alexandra 1”

by Reed Smith on

In March this year the Admiralty Court in London handed down its judgment in respect of a collision between “Alexandra 1” (“A1”) and “Ever Smart” (“ES”) (see: Nautical Challenge Ltd v Evergreen Marine (UK) Ltd [2017] EWHC 453...more

U.S. Coast Guard National Vessel Documentation Center Issues Rebuild Determination with Newly Imposed “Cumulative Steelweight”...

by Blank Rome LLP on

Action Item: A recently published Rebuild Determination Letter issued by the National Vessel Documentation Center (“NVDC”) adds a significant new criteria in making Jones Act rebuild determinations by calling into question...more

Greek Shipowners Extend Voluntary Tax

Greek shipowners have agreed to extend a voluntary tax contribution to the Greek government, which I previously blogged about, for an additional year due to the fact that Greece is still struggling with its debt crisis....more

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