News & Analysis as of

Shipping

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

Today, President Trump Decertified the Iran Deal and Announced Tougher Sanctions on Iran

What does decertification mean? For the time being, decertification is a solely U.S. issue. Under the Iran nuclear agreement (known as the Joint Comprehensive Plan of Action, or JCPOA), Iran agreed to limits on its nuclear...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

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

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

Beyond Care, Custody, and Control: Data Security Best Practices for the Transportation and Logistics Sector

by Benesch on

The receipt, storage, and handling of sensitive shipper data occurs, often frequently and in real-time, alongside the flow of goods. Commercial shippers are well aware of the supply chain security risk to the materials and...more

Mitigating Supply Chain Risk: Effective Transportation and Logistics Provider Diligence and Management Practices

by Benesch on

Every day, supply chain managers and logistics coordinators navigate a world of risk. Those risks include interruption due to delay, the damage, contamination, or loss of goods, customer service failures, and even regulatory...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

Jones Act Waiver Extended in the Wake of Irma and Harvey

In the wake of fuel shortages arising from Hurricanes Irma and Harvey, Tuesday evening the US Customs and Border Protection (Customs) extended and expanded its September 8 waiver of the coastwise trade provisions of the Jones...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

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

China Introduces a New Class of Non-Truck-Owning-Carriers to Reduce Logistics Cost and Improve Efficiency

by Garvey Schubert Barer on

In line with PRC’s 13th Five-Year-Plan and “Internet+” initiative, the Ministry of Transport (MOT) launched the Non-Truck-Owning-Carrier program as a one-year pilot beginning December 2016. The goal of the program is to...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

Will Blockchain Render the Bill of Lading a Relic?

A bill of lading is an old form of legal document. As merchants in the seventeenth and eighteenth centuries ceased accompanying their goods on ships and entrusted their proper delivery to the carrier, a need arose for a...more

Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and...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

Antitrust Alert: Germany Issues Antitrust Guidance on Multilateral and Unilateral Behavior

by Jones Day on

The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. While the guidance is contained in the FCO's report on its sector inquiry into the cement and ready-mix concrete...more

Shippers, Freight Forwarders, NVOCCs and Carriers' Maritime Incident Warning Signs - Lessons Learned and Action Items for In-House...

by Holland & Knight LLP on

Despite the alleged softening of the maritime industry since 2008-09, the volume of waterborne trade continues to rise. The ebbs and flows of the industry mean changing partnerships and alliances, more complicated logistics...more

SUPPLYTIME 2017

by Reed Smith on

On 6 June 2017 BIMCO approved an updated version of the widely adopted, if not always wisely adapted, SUPPLYTIME form. Many had commented that the previous version of the form (2005) was inadequate in a number of significant...more

Criminal Prosecutions of Individuals Outside the FCPA

by Michael Volkov on

When you look outside the FCPA arena and examine DOJ criminal prosecutions in healthcare, antitrust, tax, fraud, and other white-collar areas, there is no shortage of cases against individual violators. I am perplexed, to say...more

Indictments Against Shipping Executives Demonstrate DOJ’s Commitment To Individual Accountability

by Fox Rothschild LLP on

Almost one year ago, the Department of Justice (DOJ) announced that Norwegian Shipping company Wallenius Wilhelmsen Logistics AS (WWL) had agreed to pay a $98.9 million fine for its role in a conspiracy to control prices for...more

Application of the Crossing Rules When in Proximity to a Narrow Channel or Fairway, and the “Alexandra 1”

by Reed Smith on

In March this year the Admiralty Court in London handed down its judgment in respect of a collision between “Alexandra 1” (“A1”) and “Ever Smart” (“ES”) (see: Nautical Challenge Ltd v Evergreen Marine (UK) Ltd [2017] EWHC 453...more

Greek Shipowners Extend Voluntary Tax

Greek shipowners have agreed to extend a voluntary tax contribution to the Greek government, which I previously blogged about, for an additional year due to the fact that Greece is still struggling with its debt crisis....more

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