News & Analysis as of

Ports Shipping

The Age-Old Question Revisited: When Is a Container Considered a Package Under COGSA?

by Holland & Knight LLP on

Just when we thought the question of “What Is a Package?” had been addressed ad nauseum, the United States District Court for the Southern District of New York took another look at the issue....more

The Supreme Court Decision in The Ocean Victory

by Reed Smith on

1. More than a decade has passed since the now infamous ship allided with the breakwater at Kashima, grounded and then eventually broke in two, having tried to depart the port during severe conditions. 2. The severity of...more

The Supreme Court decision in the Ocean Victory

by Reed Smith on

The Supreme Court decision in the Ocean Victory was handed down this morning. We will prepare a detailed client alert on the implications of the decision, but for now can report that: (1) Unsafe ports - The Supreme...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

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

New Cybersecurity Profile Issued for Maritime Industry on Transfer of Hazardous Liquids in Ports

The National Institute of Standards and Technology (NIST) has teamed up with the United States Coast Guard(USCG) and private industry to issue a new cybersecurity document that will assist the maritime industry in securing...more

EPA Report Addresses Voluntary Strategies for Reducing Air Pollution at U.S. Ports

by Robinson & Cole LLP on

As part of its initiative to reduce air pollution and greenhouse gases at U.S. ports, the EPA recently released a report that assesses strategies for pollution control and sustainable growth. The “National Port Strategy...more

Orrick's Financial Industry Week in Review

Financial Industry Developments - Agencies Publish Study on Banking Activities and Investments under Dodd-Frank - On September 8, 2016, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance...more

Holiday Help for Hanjin Headaches: A Few Practical Pointers

by Benesch on

As most readers are aware, Hanjin Shipping Co. Ltd. (“Hanjin”) commenced insolvency proceedings in South Korea on August 31, 2016. Shippers, motor carriers, transportation intermediaries, and others are scrambling to react...more

FMC Proposes New Rules for Ocean Common Carriers and Marine Terminal Operators

by Holland & Knight LLP on

The U.S. Federal Maritime Commission (FMC) issued its Notice of Proposed Rulemaking (NPR) in FMC Docket 16-04 on Aug. 15, 2016. The FMC's July 2016 vote in favor of issuing the NPR advances a multiyear regulatory review....more

Court Confirms Arbitration Award In Chemical Transport Dispute Finding No Manifest Disregard Of The Law

by Carlton Fields on

ICC Chemical Corporation sued Nordic Tankers Trading A/S concerning a cancelled charter agreement. Per the agreement, Nordic was scheduled to have its vessel present at the port ready to be loaded with ICC’s chemical cargo....more

Competition & Regulation Update: Open Season on Access – Implications of Declaration of the Port of Newcastle

by DLA Piper on

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application...more

Maritime industry beware: hacking pirates are targeting valuable cargo

As I have written before, I am a big fan of the sharing of cyber intrusion information so all industries can learn from one another. No industry is immune from cyber-attacks. But this is a new one, and good to know for...more

Greek Shipowners Consider Exodus as Crisis Leads to Proposed Higher Taxes

Greek shipowners facing proposed higher taxes due to the Greek financial crisis are considering an exodus from the country, which would be a blow to the economy and Greek ports such as the Port of Piraeus, pictured above....more

D.C. Circuit Holds that Coast Guard May Impose Nonfinancial Conditions Before Allowing Ships Accused of Violating MARPOL to Leave...

On December 15, 2015, a panel of the U.S. Court of Appeals for the D.C. Circuit held that the U.S. Coast Guard could impose nonfinancial conditions, in addition to a bond, before permitting ships under suspicion of a MARPOL...more

The Nuclear Deal With Iran: The Lifting of Sanctions and Implications for Business

by BakerHostetler on

On July 14, 2015, after two years of sometimes intense negotiations, the United States, the United Kingdom, France, Germany, Russia, and China (known as the “P5+1” countries), along with the European Union, signed a Joint...more

Iranian Nuclear Accord Reached, But Specific Implementation of Meaningful Sanctions Relief Will Not Be Immediate

by K&L Gates LLP on

On July 14, 2015, the “P5+1” nations (the United States, China, France, Germany, Russia, and the United Kingdom), together with the European Union and the Islamic Republic of Iran (“Iran”), reached a Joint Comprehensive Plan...more

Ferry Service Between The United States And Cuba—Imminent Or Not?

by K&L Gates LLP on

Recent decisions by the Office of Foreign Assets Control (OFAC) of the Department of Treasury have increased the prospects for regular air and vessel service to and from Cuba. Those decisions do not open the floodgates for...more

West Coast Ports Labor Turmoil - Time to Dust Off That Overlooked Force Majeure Clause?

by Barley Snyder on

The simmering labor dispute between the International Longshoreman and Warehouse Union and the Pacific Maritime Association, which represents West Coast port owners, has begun to capture the attention of businesses that have...more

Sanctions Update: Ukraine, Crimea and Sevastopol—the Ukrainian Parliament, the EU and the U.S. impose further measures

by Reed Smith on

This Alert follows our previous alerts on the Russia/Ukraine sanctions available on our website. July continued to be a busy time as the Verkhovna Rada (the Ukrainian Parliament), the EU and the United States intensified...more

Where's The Fire? Coast Guard Issues Litany Of Proposed Regulations Regarding Fire Protection Systems

by Baker Donelson on

In a 106-page Notice of Proposed Rulemaking issued Monday, January 13, 2014, the United States Coast Guard (USCG) has undertaken a wide-ranging overhaul of the standards for fire protection, detection and extinguishment...more

New Miami In The News: Weekly Recap

by Bilzin Sumberg on

This week in New Miami news, don’t miss the renderings of developer Jeff Berkowitz’s Skyrise Miami, a sleek 1000-foot observation tower that would become Miami’s tallest building. Channel deepening project begins at...more

Revised MARPOL Annex V: An Update

by Reed Smith on

In January changes to the way in which Cargo residues were classified came into effect by way of changes to MARPOL Annex V. These changes were met with some concern by both charterers and owners in that any residues of cargo...more

Marine Transport and the FCPA

by Thomas Fox on

One of the things that I have been thinking about over the past few months is the application of the Foreign Corrupt Practices Act (FCPA) to the maritime transport industry and more specifically US/UK companies which hire...more

New Iran Sanctions: Breaking Down the Breaking Points

by Reed Smith on

Energy, shipping, and shipbuilding. Generally, these are the sectors of the Iranian economy that have recently come within the ambit of the existing U.S. sanctions regime against Iran. We write "generally" because in addition...more

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