News & Analysis as of

Maritime Transportation

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

Shipowner Who Tried to Skirt Club Rules Runs Aground in Court

by Cozen O'Connor on

The U.S. District Court for the Southern District of New York recently issued a decision finding that a shipowner member was bound to a P&I Club’s board of directors’ decision to deny coverage for that member’s losses arising...more

Time to Get Moving: Transportation and Coast Guard Regulatory Reform Opportunities

by Cozen O'Connor on

The U.S. Department of Transportation (DOT) and the U.S. Coast Guard (USCG) will publish notices on June 8, 2017, soliciting public comments to help shape their regulatory reform efforts under Executive Order (EO) 13771,...more

Plotting the Course for Maritime and Infrastructure Federal Action

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update attempts to navigate the mixed messages of recent government actions including (i) Customs and Border Protection’s letter ruling modification...more

Collecting Your Goods – Electronic Release System

by Reed Smith on

The Court of Appeal handed down a judgment this week in MSC Mediterranean Shipping Company SA v Glencore International AG [2017] EWCA Civ 365 relating to a dispute arising out of the Electronic Release System (“ERS”) in...more

U.S. Customs and Border Protection Withdraws Proposed Changes to Jones Act Rulings

In a move hailed as a win for international offshore marine contractors and oil companies operating in the Gulf of Mexico and decried as a setback for domestic shipping interests, the U.S. Customs and Border Protection...more

Customs withdraws Notice of Proposed Modification regarding the application of coastwise laws

by Thompson Coburn LLP on

On May 10, 2017, the U.S. Customs and Border Protection Agency withdrew its notice of proposed modification and revocation of a series of letter rulings relating to its position on the application of the coastwise laws to the...more

Marine Insurance - May 2017

by Lane Powell PC on

Oregon Federal Court Holds Accident on Oregon Side of Columbia River is Covered Under Yacht Policy Despite the Navigational Warranty Restricting Coverage to Washington “Inland Lakes and Rivers” - Marine insurance contracts...more

Transportation Developments in the Trump Administration's First 100 Days

by Holland & Knight LLP on

In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more

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

DOJ Raids Maritime Industry Meeting and Serves CEOs with Subpoenas

Media outlets have reported that the U.S. Department of Justice raided the maritime industry’s “Box Club” meeting, which is more formally known as the meeting of the International Council of Containership Operators. Box Club...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

Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

by Lane Powell PC on

In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim...more

Prison sentence for avoiding English freezing and disclosure order

by DLA Piper on

The English Court has made an order sentencing the director and shareholder of a company operating from China to 18 months' imprisonment for failing to comply with a disclosure order made ancillary to a Worldwide Freezing...more

Donald Trump and Shipping: What to Expect

by Blank Rome LLP on

The election of Donald J. Trump as President of the United States took many by surprise. Of additional import to the industry, the Republican Party has maintained control of the House of Representatives and the Senate,...more

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

by Holland & Knight LLP on

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...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

International Maritime Treaties Recognition and Trump: Protectionist or Progressive?

by Holland & Knight LLP on

Much has been theorized in the past two months concerning whether the Trump Administration will follow through on President-Elect Donald Trump's campaign pledge to "rip up" international trade deals such as the North American...more

Global Cybersecurity Threats to the Maritime Sector

by Holland & Knight LLP on

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 16 CI sectors, including transportation and maritime – continue to grow exponentially. The incoming Trump Administration has made it clear that...more

Sailing with the Trump Transition: Cargo, Cabotage and Maritime Infrastructure in 2017

by Holland & Knight LLP on

Once he assumes office on Jan. 20, 2017, President-Elect Donald Trump will be responsible for managing a mix of cargo preference, ship documentation, cabotage, and related rules and laws dating back to the First Congress,...more

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

by Holland & Knight LLP on

The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more

NIST and USCG Issue New Maritime Industry Cybersecurity Profile

by Dentons on

In 2013, President Obama issued Executive Order 13636 and directed the Director of the National Institute of Standards and Technology (NIST) to “lead the development of a framework to reduce cybersecurity risks to critical...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

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