Maritime

Represented the owner/operator of a U.S.-flag Ro-Ro/container vessel that sank in 2015 in Hurricane Joaquin in the Caribbean, resulting in a complete loss of the vessel, all cargo, and all 33 persons on board. Provided counsel in the U.S. Coast Guard’s Marine Board of Investigation, the parallel National Transportation Safety Board investigation, and the civil limitation of liability proceeding in federal court.

Advised one of the largest cruise lines in the world with respect to the U.S. regulation of its fleet and its U.S.-flag operations. Provided guidance regarding general compliance on a wide variety of laws, including those administered by the U.S. Coast Guard, Federal Maritime Commission, Maritime Administration, Customs and Border Protection, Environmental Protection Agency, the Department of State, and the Department of Treasury.

Served as counsel to a broad coalition representing virtually every element of the U.S. domestic maritime industry. Led numerous successful efforts to defend against attempts to amend the cabotage laws of the United States, as well as enact legislative and administrative measures to strengthen the enforcement of those laws.

Represented a tanker shipping company in nearly US$500 million of second-hand vessel tanker sales prior to the client's acquisition by a peer. The transactions involved review, negotiation, and drafting of memoranda of agreements; closing documents; mortgage release documents; outgoing and incoming vessel registries; pre-closing and closing meetings; and post-closing logistics.

Represented an entertainment and edutainment company that owned/operated an amphibious duck boat that sank on Table Rock Lake in Missouri in 2018, resulting in injuries and 17 deaths, in connection with investigations by the U.S. Coast Guard and the National Transportation and Safety Board and a civil limitation of liability proceeding in federal court. 

Advised an Oregon-based company in the maritime industry engaged in shipbuilding and repair and complex fabrication in its sale to two private equity firms. The transaction was part of a combined purchase of both our client and a Virginia-based major marine repair and conversion contractor. The transaction involved several key issues that added to the complexity of the negotiations, including issues relating to the Committee on Foreign Investment in the United States, the Jones Act, the Hart-Scott-Rodino Antitrust Improvements Act, pensions, unions, and government contracting. 

Advised a port operator on the formation of a joint port development authority (one of the first of its kind) with another port operator, resulting in one of the largest cargo gateways in the United States. Advised on the structuring of the joint venture between two public port authorities, including research, tax advice, legislative assistance, open meetings assistance, public finance advice, drafting, negotiating terms, employment terms, integration advice, and regulatory issues for the Federal Maritime Commission.

Represented a U.S.-flag bulk transport company in connection with allegations that its tug/barge dragged its anchor, damaging pipelines and cables in the Straits of Mackinac in Michigan. Provided representation in connection with U.S. Coast Guard and National Transportation Safety Board investigations, regulatory issues, and civil litigation.

Represented a publicly traded company and one of the largest domestic U.S. shipping companies on new-build contracts, environmental compliance matters, and vessel acquisition and financing contracts.

Represented one of the largest seafood companies in North America and one of the largest harvesters of fish in the world on a variety of maritime issues related to the construction of its fleet of catcher/processor vessels and subsequent federal legislation, including the American Fisheries Act and related federal regulations.

Represented a large international container leasing company in a container lease dispute with one of its customers, involving 10,000 leased containers, failure to pay as required under the contract, and failure to return the containers, in arbitration against the Chinese lessees in American Arbitration Association – International Center for Dispute Resolution seeking damages and return of the containers. 

Represented the buyer of a tanker in a New York bankruptcy case, who purchased the vessel pursuant to a stalking horse credit bid of the secured lender, National Bank of Greece. Handled memoranda of agreement drafting and closing documents, with a focus on the bankruptcy issues to ensure the client was protected, buying the vessel free and clear of all encumbrances.

Represented a Detroit-based salt purchaser in an arbitration before the Society of Maritime Arbitrators, regarding a dispute that arose over a rock salt sales contract with a Swiss-based company. Obtained an award of US$618,000, defeated a counterclaim of nearly US$2 million, and assisted our client in its collection efforts, which resulted in the full amount being paid.

Defended a final rule setting Great Lakes pilotage rates for the 2016 season from a challenge under the Administrative Procedure Act by shipping companies that pay the rates. 

Represented a world leader in the transportation of dry cargo in extensive negotiations with the U.S. Department of the Treasury’s Office of Foreign Asset Control, which alleged that our client violated the Weapons of Mass Destruction Proliferators Sanctions Regulations, resulting in successful settlement. 

Served as outside counsel to one of the most influential organizations in the U.S. maritime industry. Assisted in projects in substantive areas, ranging from international trade to defense to industry promotion.

Represented a full-service commodities network in an arbitration before the Society of Maritime Arbitrators, where a vessel owner sought nearly US$200,000 in damages, achieving full dismissal of all claims, plus an award of fees.

Represented a recreational boat manufacturer in a personal injury action for an accident that occurred in Lake Mead, Nevada. Secured a favorable court ruling holding that Lake Mead is a federal enclave and therefore supports removal to federal court. 

Represented the buyer of a yacht, managing the negotiation of the memorandum of agreement, closing documents, handling of closing meeting, interactions with vessel registries, and the corporate structuring of the buyer with respect to ownership by a trust. 

Represented the owner/operator of a custom catamaran yacht that was involved in a fire at a marina that resulted in a total loss of the yacht, personal injury to crew, property damage to the marina and nearby vessels, and environmental and salvage claims.