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

Carriers and Other Regulated Entities, Beware: Ocean Shipping Reform Act of 2022 Effective Immediately

Venable LLP on

On June 24, 2022, the Federal Maritime Commission’s Office of the General Counsel issued an opinion on the effective date of the new Ocean Shipping Reform Act of 2022 (“OSRA 2022”), Pub. L. 117-146. Per the General Counsel,...more

Holland & Knight LLP

Beyond the Ocean Shipping Reform Act: Recent FMC Decisions and Settlement Implications

Holland & Knight LLP on

Since its passage on June 16, 2022, the shipping industry is understandably focused on the implications of the Ocean Shipping Reform Act of 2022 (OSRA) (Pub. Law No. 117-146, 2022 Enacted S. 3580), and the rulemakings that...more

Vinson & Elkins LLP

Carbon Taxes in the Shipping Industry—Assessing Japan’s Proposal

Vinson & Elkins LLP on

There are growing calls for a carbon tax on shipping emissions. Jim Loftis, Ciara Ros and Tatiana Freeman of Vinson & Elkins look at the recent proposal from Japan for a global carbon tax, assess it in the context of the...more

Faegre Drinker Biddle & Reath LLP

Ocean Shipping Reform Act Signed Into Law

On June 16, 2022, President Biden signed into law the Ocean Shipping Reform Act (OSRA), bipartisan legislation aimed at providing relief to U.S. importers, exporters, freight carriers, port operators and other companies...more

Venable LLP

President Biden Signs the Ocean Shipping Reform Act of 2022 into Law

Venable LLP on

Earlier this week, the U.S. House of Representatives approved the Ocean Shipping Reform Act of 2022 (OSRA 2022) in a 369-42 vote. OSRA 2022 is a bipartisan bill introduced by Senator Amy Klobuchar (D-MN) and Senator John...more

Seward & Kissel LLP

Simply Speaking - May 2022: General Average

Seward & Kissel LLP on

Background - Almost a year to the day after the EVER GIVEN blocked the Suez Canal, making global headlines and focusing the general public’s attention on the world of shipping, bad news struck the EVER GIVEN’s parent...more

Adams and Reese LLP

Shipping Reform Act – Federal Maritime Commission to Take the Helm

Adams and Reese LLP on

A rare bipartisan effort brings much needed reform to U.S. shipping in an attempt to level the playing field through new regulatory authority that will impact ocean carriers, marine terminal operators, shippers, motor...more

Benesch

Navigating the Perils of General Average

Benesch on

Ocean transportation procurement teams and vessel owners alike would do well to pay close attention to the effects of recent notable maritime perils that have triggered claims for general average. The running aground of both...more

Benesch

Emerging Trends for Ocean Service Contract Bid Season

Benesch on

Beneficial cargo owners have faced well-reported challenges in recent bid seasons. Two plus years of global pandemic unleashed supply and capacity interruption, carrier lane divergence, and an explosion in rates as well as...more

Holland & Knight LLP

FMC Releases Final Fact Finding Recommendations, Stresses Mutually Enforceable Contracts

Holland & Knight LLP on

Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...more

Robinson+Cole Environmental Law +

U.S. Customs Agency Issues Guidance on Jones Act Compliance in Connection with Offshore Wind Projects

U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels....more

Cozen O'Connor

AG Election Update

Cozen O'Connor on

Texas: In a May 24 run-off election, incumbent Ken Paxton, a Republican, has defeated land commissioner George P. Bush by a margin of 67.9% to 32.1%. Former ACLU attorney Rochelle Garza won the Democratic run-off against Joe...more

Adams and Reese LLP

What’s a “Necessary” that Creates a Maritime Lien? Fifth Circuit Tries to Keep It Simple

Adams and Reese LLP on

In Central Boat Rentals, Inc. et al. v. M/V NOR GOLIATH, the Fifth Circuit once again considered what was a “necessary” provided to a vessel that gave rise to a maritime lien under the Commercial Instruments and Maritime...more

Dentons

Highlights of Key Developments in Nigeria’s Maritime Industry in 2021

Dentons on

INTRODUCTION - Despite disruptions caused by the Covid-19 pandemic, resulting to changes in global trade patterns and a supply chain crisis, Nigeria’s maritime industry made some gains in the year 2021. Compared to the...more

Goldberg Segalla

Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

Goldberg Segalla on

United States District Court for the Southern District of New York, May 9, 2022 - In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955....more

Venable LLP

FMC Fines Ocean Common Carrier for Unreasonable Detention Charges

Venable LLP on

On April 22, 2022, the Federal Maritime Commission (FMC) fined Hapag-Lloyd A.G. and its agent, Hapag-Lloyd (America) LLC (collectively referred to as "Hapag-Lloyd"), for violating § 41102(c) of the Shipping Act of 1984. The...more

Seward & Kissel LLP

Maritime Litigation Roundup – April 2022

Seward & Kissel LLP on

This month’s roundup focuses on what constitutes a “necessary” under the Commercial Instruments and Maritime Liens Act (“CIMLA”), which provides a statutory lien to those who provide necessaries to a vessel on the order of...more

K&L Gates LLP

United States Bans Russian-Affiliated Vessels From U.S. Ports

K&L Gates LLP on

President Biden issued a Proclamation on 21 April 2022 to “prohibit Russian-affiliated vessels from entering into United States ports.” As discussed in this alert, this action significantly builds upon U.S. sanctions against...more

Holland & Knight LLP

BIMCO Releases New Contract Template for Commercial Vessel Sales and Purchases

Holland & Knight LLP on

The Baltic and International Maritime Council (BIMCO) has released SHIPSALE 22, a new standard contract form for use by commercial sellers and purchasers of vessels. SHIPSALE 22 is intended to replace the popular SALEFORM...more

Dentons

Effect of constitution of a limitation fund on arrested ship or other security earlier furnished by the shipowner as security for...

Dentons on

The Federal High Court of Nigeria sitting in Lagos has issued a landmark decision by which it ordered the cancellation of a Bank Guarantee which was furnished as alternative security by Shipowners to secure the release of...more

Kelley Drye & Warren LLP

United States Bans Russian Ships from U.S. Ports

Yesterday, the White House issued a proclamation banning Russian-affiliated vessels from entering U.S. ports in response to Russia’s continued aggression in Ukraine, effective April 28, 2022....more

Blank Rome LLP

Maritime Law: Carriage of Goods by Sea Act Fundamentals

Blank Rome LLP on

The author discusses the key differences between the Carriage of Goods by Sea Act (“COGSA”), which defines the basic relationship between ocean carrier and cargo owner, and the Harter Act, which governs certain transactions...more

Porter Hedges LLP

DOJ Issues Expedited FCPA Opinion Procedure

Porter Hedges LLP on

In late January 2022, the Department of Justice (“DOJ”) issued Opinion Procedure Release 22-01, its first Foreign Corrupt Practices Act (“FCPA”) Opinion since 2020. The opinion states that based on the specific facts...more

Blank Rome LLP

What Is the Insured’s Duty under a Marine Insurance Policy? It Depends…

Blank Rome LLP on

The law governing marine insurance in the United States has long been a source of considerable confusion. And if there was once a clear set of principles applicable in such cases, the Supreme Court long ago muddied the waters...more

Blank Rome LLP

Carriage of Cargo on Deck: Carriers Be Aware

Blank Rome LLP on

Carriage of cargo on deck has always been problematic for vessel owners and operators. In addition to the typical risks associated with carrying cargo on deck, such as exposure to the elements and lashing and stability...more

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