News & Analysis as of

Vessels

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

Global Private Equity Newsletter - Spring 2017 Edition: Recent Developments in Acquisition Finance

by Dechert LLP on

When a portfolio company underperforms, an equity sponsor will want to assess the degree of negotiating leverage the company’s lenders have against the company under the circumstances, which can play a significant role in...more

Project MARTHA, Crew Fatigue and the Implications for a Vessel’s “Seaworthiness”

by Reed Smith on

In January of this year the findings of “Project MARTHA”, a three year study into the causes and effects of crew fatigue, were released – along with proposals as to how best to mitigate against the risks posed by crew...more

The Wandering Rocks – Recent Fifth Circuit Jurisprudence On Offshore Indemnity

by Baker Donelson on

A pair of recent Fifth Circuit cases, In Re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. Feb. 23, 2017, rev’d Mar. 7, 2017) and Richard v. Anadarko Petroleum Corp., No. 16-30216 — F.3d —-, 2017 WL 835187 (5th Cir. Mar. 2, 2017)...more

Furie and DHS Settle Dispute over Largest-Ever Jones Act Fine

by Cozen O'Connor on

Furie Operating Alaska, LLC (formerly Escopeta Oil Company, LLC) and the Department of Homeland Security (DHS) jointly filed a Stipulation of Dismissal in the U.S. District Court for the District of Alaska on March 24, 2017,...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

EU Threatens to Bring Shipping Within Its Emissions Trading Scheme Unless the IMO Sets a Target for Reduction of Greenhouse Gas...

by Reed Smith on

Last week the top EU climate official, Jos Delbeke, issued a challenge to the International Maritime Organization (the IMO) to adopt an ambitious target for reduction of emissions as part of the IMO’s planned 2018 strategy on...more

Mainbrace: March 2017 (No. 2)

by Blank Rome LLP on

What’s different about “change” in 2017? It certainly seems that we need to redefine what we mean when we consider the term itself. Shipping historically has been a conservative industry, but its adaptability over the...more

Cabotage Or Sabotage? Controversial Proposal By CBP To Reverse Course On Decades-Old Policy Regarding Foreign Flag Vessels In Gulf...

by Baker Donelson on

In a sweeping move that has been widely and vociferously praised by supporters and passionately decried by opponents, the Customs and Border Patrol Agency (CBP) on the second-to-last day of the Obama administration’s tenure,...more

Ballast Water Management: Latest Developments

by Blank Rome LLP on

Maritime Executive - Ballast water management has been one of the most challenging and oftentimes frustrating regulatory issues of the past decade. The principal reason is that the international regime under the...more

U.S. District Court Finds U.S. Coast Guard’s National Pollution Funds Center Acted Arbitrarily and Capriciously When Denying Oil...

by Blank Rome LLP on

Action Item: In December 2016, the U.S. District Court for the District of Columbia found that the U.S. Coast Guard’s National Pollution Funds Center (“NPFC”) wrongfully denied a reimbursement claim by the Water Quality...more

Fifth Circuit Affirms Use of Special Jury Interrogatory on Whether an Accident Occurred

In defending personal injury claims, defendants frequently have to deal with jury interrogatories that infer the plaintiff actually experienced an incident that caused or contributed to his complaints, despite there being a...more

Within Port Limits

by Reed Smith on

In this case the Commercial Court considered the meaning of “within port limits” in the context of a charterparty on an amended Gencon 94 form which provided that: “[Notice of readiness] to be tendered at both ends even...more

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

by K&L Gates LLP on

In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...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

Transfer of French export credit activities from Coface to Bpifrance Assurance Export S.A.S.

by White & Case LLP on

France's export credit agency Coface transferred its export credit activities to Bpifrance Assurance Export S.A.S. on 31 December 2016. The transfer is a "fundamental change" in the French export credit support system....more

Maritime Cybersecurity Regulation on the Horizon

by King & Spalding on

Over the past year, various institutions and organizations—both domestic and international—have shown an interest in moving the increasingly prevalent cybersecurity conversation offshore. Domestically, both Congress and...more

The Limitation of Liability Act of 1851: Recent Court Decisions Highlight Significant Issue for Offshore Energy Industry

by King & Spalding on

In 1912, a vessel owner by the name of White Star Lines invoked a little understood U.S. maritime law to limit its liability arising out of a maritime disaster. In 2010, a vessel owner by the name of Transocean invoked the...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

Follow – and Expand? – the Fleet

by Holland & Knight LLP on

It is a fundamental precept of military planning that naval operations are a capital-intensive endeavor, given the long time involved in the design and construction of the ships of the U.S. Navy's fleet. The Navy currently...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

District Court Reviews Definition of “Gross Negligence” in Oil Pollution Act Reimbursement Action

On December 22, the U.S. District Court for the District of Columbia issued an opinion in Water Quality Insurance Syndicate v. U.S., which reversed the Coast Guard’s National Pollution Funds Center’s (NPFC) finding of gross...more

Maritime Greenhouse Gas Emissions – Legal Update

by Reed Smith on

In our April update on this subject, we reported on the outcome of the sixty-ninth meeting of the Marine Environmental Protection Committee (MEPC) of the International Maritime Organization (IMO) (MEPC 69) and on what to...more

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