On May 14, 2012, the Bureau of Ocean Energy Management (BOEM) announced a finding of “no competitive interest” with regard to a proposed right-of-way grant area off the Mid-Atlantic coast for construction of an offshore wind…more
In the unpublished opinion of Adams Offshore, Ltd. v. Blake Marine Group, No. 11-12753 (11th Cir. Apr. 27, 2012), the Eleventh Circuit Court of Appeals adopted the Fifth Circuit’s suggestion in Beauregard, Inc. v. Sword Servs.,…more
Most contracts for the sale of goods and services contain a standard provision regarding the application of payments on overdue accounts, such as: “When more than one invoice is past due at the same time, Seller shall be…more
One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking…more
When the Costa Concordia ran aground on a reef off Giglio Island near the Tuscan coast of Italy last month, owners and insurers of vessels certainly paid attention. How could they not? The incident was the most…more
Transactions to procure supplies for vessels engaged in international trade typically involve numerous international and local brokers, agents and contractors. The vessel operator or charterer will place an order for…more
When seeking construction financing for a proposed newbuilding, shipowners should understand and be prepared to address the particular concerns that lenders have in assessing risk and documenting vessel construction…more
Despite the fact that the number of social media cases have increased in the past years, most employers do not have policies governing their employees’ use of social media. Many users of Facebook and Twitter firmly believe that…more
“The America Invents Act” will be up for vote before the United States Senate in September and is likely to be signed into law. If this happens, this legislation will bring significant changes to existing patent laws, and will…more
In a recent decision, ICANN, the Internet Corporation for Assigned Names and Numbers, approved the use of .xxx internet domain exclusively for the online adult entertainment industry. The move presents a time-sensitive issue for…more
Background
Prior to the enactment of the changes to the federal estate tax laws made late in 2010, classic estate tax planning, even for couples of relatively modest wealth, was the so-called “A/B Trust” model. Under this…more
Significant changes were made to the federal estate and gift tax laws as part of the comprehensive tax package enacted by Congress late last year. Principal among these changes was the increase in the gift, estate and generation…more
With arrival of the five-year anniversary of Hurricane Katrina, many recovery issues still remain in South Louisiana. Katrina also presented a number of novel legal challenges, some of which also remain. In particular, a basic…more
Bruce W. Boudreaux v. State Farm...
David Strauss and Adam Massey defended a national insurer and its insured in a casualty case involving both liability and medical causation issues in the Civil District Court for the Parish of Orleans.
The plaintiff (who was…more
The Terrebonne and Harrington decisions indicate that the courts are inclined to enforce arbitration clauses in agreements between seamen and their employers under circumstances where the agreement is not part of the “contract…more
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