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Maritime General Business

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

Jones Act Battles, Administrative Appointees on the Move, and Combative Hearings Shape the Landscape

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update discusses (i) the Jones Act conflict developing before Customs and Border Protection with respect to the use of foreign flag vessels to perform...more

Federal Court Rules That the Ship Mortgage Act Preempts State Law Protecting Permits From Becoming Security Interest

by Lane Powell PC on

Last month, in Bank of the Pacific v. F/V ZOEA, 2017 WL 823298, Case No. 3:15-cv-05758-RSL, the United States District Court for the Western District of Washington ruled that the federal Ship Mortgage Act, 46 U.S.C. §§ 31321...more

The Wandering Rocks – Recent Fifth Circuit Jurisprudence On Offshore Indemnity

by Baker Donelson on

A pair of recent Fifth Circuit cases, In Re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. Feb. 23, 2017, rev’d Mar. 7, 2017) and Richard v. Anadarko Petroleum Corp., No. 16-30216 — F.3d —-, 2017 WL 835187 (5th Cir. Mar. 2, 2017)...more

Pennsylvania Appellate Court Denies Petition To Transfer Structured Settlement Involving LHWCA

by Carlton Fields on

Relying on Federal Court precedent, a Pennsylvania intermediate appellate court resolved whether the plain language of Section 916 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) prohibits the assignment of...more

Maritime and Infrastructure Federal Update - March 2017

by Cozen O'Connor on

Welcome to the Cozen O’Connor Maritime and Infrastructure Federal Update. Through this publication, we aim to keep you informed about many of the federal legislative, regulatory, and administrative developments affecting the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Uber’s board is sticking with the devil it knows. And that means that CEO Travis Kalanick’s safe where he is, despite a few pretty awful months for the ride-hailing company and promises to change the company culture....more

Marine Insurance in the Trump Presidency: Smooth Sailing in 2017?

by Holland & Knight LLP on

Although the Trump Administration's plans for significant infrastructure investment, including key ports and terminals, bode well for the marine industry, it is unclear how proposed restrictive trade policies will impact port...more

Does a shipowner have to sell its ship in order to mitigate its loss?

by Reed Smith on

The greatly anticipated Supreme Court judgment on the New Flamenco is due to be heard later this year. The decision will address principles of mitigation and the assessment of damages for repudiatory breach of a time...more

OFAC and BIS Changes to Cuba Sanctions Further Ease Trade and Travel Restrictions

by Cozen O'Connor on

On October 14, 2016, the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) published another round of amendments to the Cuban Assets Control...more

English Court confirms that package limitation under the Hague Rules excludes a bulk cargo

by Reed Smith on

A recent decision provides authority for the broadly accepted understanding that a “unit”, for the purposes of limitation under Article IV Rule 5 of the Hague Rules, cannot apply to a bulk cargo – it can only mean a physical...more

OSHA’s Final Rule on Crystalline Silica Standards

by Littler on

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule (https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-04800.pdf) setting new workplace permissible exposure...more

InterConnect - Fall 2016

by Benesch on

In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers...more

Losing the right to limit: Privy Council confirms parties can contract out of the 1976 Limitation Convention

by Reed Smith on

This Alert looks at the question of whether it is possible to contract out of or waive the right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims and if so, what is required in order...more

FMC Proposes New Rules for Ocean Common Carriers and Marine Terminal Operators

by Holland & Knight LLP on

The U.S. Federal Maritime Commission (FMC) issued its Notice of Proposed Rulemaking (NPR) in FMC Docket 16-04 on Aug. 15, 2016. The FMC's July 2016 vote in favor of issuing the NPR advances a multiyear regulatory review....more

OW Bunker in Singapore – where are we?

by Reed Smith on

Although the Singapore courts have not, to date, been required to consider the legal issues which have recently come before the English courts in the Res Cogitans, the cases which have come before the Singapore courts...more

India: A False Dawn for Foreign OSV Owners

by Reed Smith on

India’s ambitious drive to reduce dependence on foreign hydrocarbon imports is expected to spur almost US$30 billion of exploration and production investments including in the offshore sector. An increase in offshore...more

Collateral lies: The lie is dishonest but the claim is not

by Reed Smith on

The Supreme Court rules that a collateral lie embellishing a valid claim does not amount to a fraudulent claim. Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others [2016] UKSC...more

Distinguishing ‘collateral lies’ from the fraudulent claims rules in insurance contracts: the lie is dishonest but the claim is...

by Reed Smith on

In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45, handed down, last month, the Supreme Court ruled that a “collateral lie” made during the course of an insurance claim...more

Many Big Announcements for the UAS Industry and its Safety and Privacy Initiatives

The commercial drone industry is projected to generate over $82 billion for the U.S. economy and over 100,000 new jobs by 2025. Last week, at the White House Office of Science and Technology Policy’s (OSTP) “Workshop on...more

Court of Appeal rules on indefinite demurrage claims

by Reed Smith on

MSC Mediterranean Shipping Company S.A. v. Cottonex Anstalt - [2015] EWHC 283 (Comm) - A Court of Appeal decision handed down on 27 July 2016 of this week ruled that demurrage on detained containers, which could not...more

U.S. Customs Aims to Increase Enforcement of the Jones Act

In what could foretell a significant increase in the enforcement of the coastwise trade provisions of the Jones Act, U.S. Customs and Border Protection (Customs) announced on July 18 the creation of the National Jones Act...more

Supreme Court Upholds Finality of Arbitral Awards

by Latham & Watkins LLP on

A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the...more

The Second Circuit Requires Insureds To Be Truthful With Its Insurers

by Cozen O'Connor on

In a twist on the old adage, “bad facts make bad law”, the Second Circuit’s recent decision in Fireman’s Fund Insurance Company v. Great American Insurance Company of New York, Civil Action No. 14-1346-cv, 2016 WL 2943139 (2d...more

FCPA Compliance and Ethics Report-Episode 259-Dani Perez on business in Cuba [Video]

by Thomas Fox on

In this episode, I visit with Dani Perez on his experiences on doing business in Cuba. ...more

New Container Weight Requirements Effective July 1, 2016

by Barley Snyder on

This summer, new container weight requirements go into effect for containers shipped overseas. The International Maritime Organization has amended the Safety of Life at Sea Convention (“SOLAS”) to require that shippers must...more

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