News & Analysis as of

Vessels

U.S. Coast Guard National Vessel Documentation Center Publishes Criteria for Making U.S. Build and Rebuild Determinations

by Blank Rome LLP on

Action Item: A recently published guidance document issued by the National Vessel Documentation Center (“NVDC”) for the first time provides the public with the key criteria it uses in making U.S. Build and Rebuild...more

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

by Liskow & Lewis on

In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. American Commercial...more

Naquin on the Door of a Circuit Split? Second Circuit Suggests Emerging Split from the Fifth Circuit Regarding Jones Act Seaman...

by Baker Donelson on

A circuit split may be emerging after the Second Circuit Court of Appeals’ unanimous decision in Matter of Buchanan Marine, L.P., – F.3d –, No. 16-1092 (2d Cir. Oct. 27, 2017) (Kearse, Cabranes, Chin, J.) affirming a New York...more

Meaning of “In Connection With” and “Pursuant To” Under Oil Pollution Act A Question of First Impression in Fifth Circuit

On November 7, in U.S. v. American Commercial Lines, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the District Court’s ruling that American Commercial Lines (ACL), the owner of a tug boat whose contracted...more

Judge Awards New Damages, Attorneys' Fees to Stinson Leonard Street Client Cobalt Boats

by Stinson Leonard Street on

ST. LOUIS (Nov. 3, 2017)—A federal judge in Virginia enhanced damages and awarded attorneys' fees to Stinson Leonard Street client Cobalt Boats in a patent infringement case this week against Brunswick Corp., a competing boat...more

Ghost Ships, Shadow Brokers and Cryptoworms: October is National Cyber Security Awareness Month

by Baker Donelson on

In a chillingly apropos follow-on to the mid-summer global Petya and WannaCry cyber/ransomware attacks, which crippled businesses and government interests around the world, October has been dubbed “National Cyber Security...more

The Approach Voyage

by Reed Smith on

The Pacific Voyager [2017] EWHC 2579 is a Commercial Court decision about which a number of articles have been written over the last week. It considers the often neglected approach voyage; identifying the moment when the...more

Recoverability of Operating Expenses under Rule F of the York-Antwerp Rules 1974

by Reed Smith on

On 25 October 2017, the English Supreme Court handed down judgment in Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG and Another (The “Longchamp”). The case provided the Supreme Court a...more

New Jones Act Legislation Pending, with Puerto Rico Focus - Is Temporary Jones Act Relief Possible for Reconstruction?

by Holland & Knight LLP on

• Four bills are currently pending in Congress to repeal or limit the reach of the Jones Act, including three that are focused upon relief efforts to assist Puerto Rico after the disastrous effects of Hurricane Maria. •...more

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

Lessons from a Liftboat Contract

by Gray Reed & McGraw on

Semco, LLC v. The Grand, LTD. is nominally about a $15 million liftboat construction contract and the legal issues one would expect after a long trial and a big verdict. This post is more about how to administer and perform a...more

With Tensions Rising, the United States Imposes Additional Sanctions on North Korea

by Jones Day on

In Short - The Situation: Over the past several months, North Korea has engaged in several activities, particularly relating to missile and nuclear testing, that violate several United Nations resolutions and that...more

Department of Homeland Security Approves Jones Act Waiver for Deliveries to Puerto Rico

by Blank Rome LLP on

Action Item: On September 28, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a 10-day Jones Act waiver in the interest of national defense and in response to the devastation caused by...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

Making Sense of the Jones Act Waiver Conundrum

by Cozen O'Connor on

In response to the Governor of Puerto Rico’s request, the Department of Homeland Security (DHS) waived the Jones Act on Thursday. The waiver covers all products shipped to Puerto Rico laded on board a vessel over the next ten...more

DHS Approves Waiver of the Jones Act for Puerto Rico

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke on Sept. 28, 2017, approved a waiver of the Jones Act in response to the severe impact Hurricanes Irma and Maria have had on Puerto Rico. The U.S. Department of Homeland...more

DHS: Final Decision Has Not Been Made on Jones Act Waiver for Puerto Rico

by Holland & Knight LLP on

The U.S. Department of Homeland Security (DHS) on Sept. 27, 2017, said that it has not formally denied a Jones Act waiver for Puerto Rico requested on Sept. 25 by Rep. Nydia Velázquez (D-N.Y.) and seven other members of the...more

Trump Administration Significantly Expands Sanctions Against North Korea

On September 21, 2017, the White House announced additional sanctions against North Korea, following a new round of sanctions imposed by the United Nations on September 11 and an escalation of U.S. sanctions previously...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

United States Imposes Additional Sanctions Targeting North Korea

by White & Case LLP on

On September 21, 2017, President Trump signed an Executive Order (EO) entitled "Imposing Additional Sanctions with Respect to North Korea." The EO authorizes the US to impose blocking sanctions on North Korean persons,...more

U.S. Dodges OPA Claim But Must Defend Against Insurer’s Negligence Claims

On September 15, the U.S. Court of Appeals for the First Circuit released a significant Oil Pollution Act (OPA) ruling. The case is Ironshore Specialty Insurance Company v. U.S., et al. The Court of Appeals affirmed the...more

Financing Risks of Vessel Modification Outside the United States

by Reed Smith on

Whilst there is much in the news at the moment about the relaxing of the Jones Act in the aftermath of the recent (and on-going) hurricanes, we consider the financing risks of vessel modification outside the United...more

Ninth Circuit Confirms That the Turnover Duty Under the Longshore and Harbor Workers’ Compensation Act Includes a Duty to Inspect...

by Lane Powell PC on

Murray v. Southern Route Maritime, SA et al., No. 14-36056 (9th Cir. 2017), relates to an on-the-job injury. The plaintiff, Roger Murray, was employed as a longshoreman wherein he was working on the defendants’ vessel. On...more

DHS Extends Jones Act Waiver to Sept. 22 and Broadens Geographic Area Covered - Customs and Border Protection Issues Q&A...

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke has issued an extension of the original Sept. 8 Jones Act waiver to Sept. 22. The extended waiver, dated Sept. 11, 2017, but only recently posted by the U.S. Department of...more

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Cybersecurity

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