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Maritime Updates

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

Mainbrace: October 2017 (No. 4)

by Blank Rome LLP on

Note from the Maritime Industry Team - Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more

Shipping finance: recent French law legal updates

by White & Case LLP on

There have recently been significant developments in French maritime law, which will be of interest to all professionals involved in the maritime sector, and which aim to make the French maritime flag more attractive....more

Current Port Conditions // Central U.S. GOMEX

by Burr & Forman on

Burr & Forman’s Mobile, Alabama office is located in the geographic center of the US Gulf of Mexico coastline (GOMEX). We service clients’ needs in the ports in this area, including – from west to east – Gulfport and...more

Amended OSHA Silicon Standard: Thirty Day Enforcement Phase-In Memorandum

\The United States Occupational Safety and Health Administration (“OSHA”) previously published a March 25, 2016, Federal Register Notice stating it is amending its existing standards for occupational exposure to respirable in...more

Be Prepared: Advice for the Shipping Industry on the Cyber Threat

by Reed Smith on

“Take the time to prepare and focus on prevention” was the message from the panellists in our webinar on cyber attacks in the shipping industry last week. Mark Johnson, Counsel in our shipping group, led a discussion with...more

Fifth Circuit Affirms Contractors Cannot Be Criminally Liable for OCSLA Violations

On September 27, 2017, the Fifth Circuit in U.S.A. v. Don Moss, Curtis Dantin, Grand Isle Shipyard, Incorporated, and Christopher Srubar, No. 16-30516 (5th Cir. September 27, 2017), issued a decision affirming the District...more

Department of Homeland Security Approves Jones Act Waiver for Deliveries to Puerto Rico

by Blank Rome LLP on

Action Item: On September 28, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a 10-day Jones Act waiver in the interest of national defense and in response to the devastation caused by...more

Keeping Up With The Jones Act

by Kelley Drye & Warren LLP on

On September 28th, the Trump administration announced the decision to temporarily waive the Jones Act for Puerto Rico, effective for 10 days. “It will go into effect immediately,” according to White House press secretary...more

Making Sense of the Jones Act Waiver Conundrum

by Cozen O'Connor on

In response to the Governor of Puerto Rico’s request, the Department of Homeland Security (DHS) waived the Jones Act on Thursday. The waiver covers all products shipped to Puerto Rico laded on board a vessel over the next ten...more

DHS Approves Waiver of the Jones Act for Puerto Rico

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke on Sept. 28, 2017, approved a waiver of the Jones Act in response to the severe impact Hurricanes Irma and Maria have had on Puerto Rico. The U.S. Department of Homeland...more

DHS: Final Decision Has Not Been Made on Jones Act Waiver for Puerto Rico

by Holland & Knight LLP on

The U.S. Department of Homeland Security (DHS) on Sept. 27, 2017, said that it has not formally denied a Jones Act waiver for Puerto Rico requested on Sept. 25 by Rep. Nydia Velázquez (D-N.Y.) and seven other members of the...more

The Fob Buyer’s Right to Substitute Its Vessel in Commodity Contracts

by Reed Smith on

On 1 September 2017, the Grain and Feed Trade Association (Gafta) introduced an amendment to its nomination clause in some (but not all) of its fob contracts. The result: an fob buyer is no longer required to give new...more

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

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