FCPA Compliance and Ethics Report-Episode 68-Neil Swidey, author of Trapped Under the Sea
FCPA Compliance and Ethics Report-Episode 62-Self Disclosure Issues Under the FCPA, a conversation with Bill Athanas and David Simon
Scenarios and Legal Maritime Analysis for C-Retriever Ship Officer Kidnappings
Captain Phillips' Crew Lawsuit Has No Merit
Ten Points to Rationalize and Restart the United States Maritime Industry
Maritime Reflections: Panama
Maritime Reflections: Transportation Worker Identification Credential (TWIC)
What is the state of Anti-Piracy Efforts and Armed Guards on Vessels?
Evaluation of TWIC Hearing held by Committee on Transportation and Infrastructure
Asteroid Mining in Space: Is it Legal?
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
In this bankruptcy contract case, the debtor, a cruise vessel operating as a gambling casino, fronted $200,000 to a blackjack gambler who submitted checks for the cash but then stopped payment on the checks. The debtor sued...more
In this case, the plaintiff entered into a contract of carriage wherein the defendant agreed to ship pears to a consignee in Brazil. A later inspection discovered that the pears froze during the voyage, causing the fruits to...more
This case arose in a bankruptcy proceeding. A creditor had pre-paid a substantial sum for cruises on a vessel. The vessel owner and operator filed bankruptcy before the cruises took place, and the creditor sought return of...more
After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country...more
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
In some cases, yes. In this case, a paddlewheel vessel, the Belle of Orleans. served as a dockside casino on Lake Pontchartrain. It became unmoored during Hurricane Katrina, damaged nearby property, and was liable for...more
In this case, an insurance company sued Mercury Marine and First Choice Marine after a boat dropped off for repairs was stolen from First Choice’s premises. The insurance company brought a subrogation claim, standing in the...more
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
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
On March 20, 2014, the Federal Maritime Commission (FMC) announced that by a vote of 4-1, it had decided to let the P3 Network Vessel Sharing Agreement, among CMA CGM S.A., A.P. Moller-Maersk A/S trading under the name of...more
The Middle District of Florida recently, in U.S. Surety Co. v. Edgar, provided a practicum on arbitrability jurisprudence under the Federal Arbitration Act, answering key questions about (1) whether nonsignatories to an...more
The recent ruling in Double J. Marine, LLC v. Matthew Nuber, No. 13-5825 (E.D. La. Dec. 11, 2013) serves as a key reminder that employers need to be mindful that courts scrutinize release agreements as seamen are the wards of...more
Last week, the Ninth Circuit Court of Appeals agreed with the plaintiffs that the Environmental Impact Statement issued by the Bureau of Ocean Energy Management to support oil and gas leasing in the Chukchi Sea was flawed. ...more
In a marine builder's risk policy coverage dispute decided under Washington state law, the United States Court of Appeals for the Ninth Circuit reversed and remanded a grant of summary judgment for Underwriters. ...more
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
When the cargo vessel “Irene EM” grounded on 30 October 2009 in the Gulf of Khambhat, underwriters declined cover as the loss was not caused by a peril of the sea.
The term “perils of the seas” refers only to...more
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
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
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
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
In This Presentation:
Federal Regulation of Ports; Federal Port Regulation in a Nutshell; Additional Prohibitions (Apply to other actors, not bound by reasonableness factors); Agreements Must be Filed if . . .; Other...more
The Convention of Liability for Maritime Claims 19 November 1976 ("1976 LLMC" or the "Convention"), as amended by the Protocol of 1996, is a convention designed primarily to limit liability for shipowners for maritime...more
The scenario may be all too familiar. A vessel owner is involved in a commercial relationship with a valuable customer, when a marine casualty involving the vessel occurs....more
Shipping has its fortunes anchored to the health of the global economy.
As long as supply exceeds demand, there will be companies at risk of failure. More than four years into the industry’s downturn, market equilibrium...more
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