United States: Mainbrace - January 2015

A Sea Change Sweeps over Congress: A Look Back and a Look Ahead

by Joan M. Bondareff and Stephen C. Peranich

The 2014 mid-term elections brought a tidal wave to Washington, bringing in a sweep of the Congress for Republicans. The major impact will be in the Senate where Republicans have taken over the Committee Chairs from their Democratic counterparts. The House of Representatives remains in Republican control, with Rep. John Boehner (R-OH) remaining as Speaker and with a stronger hand for his party. ( Read more)

Shipping & International Trade Law (Second Edition 2015)

Blank Rome New York Partner John Kimball and Associate Emma Jones published an overview of U.S. maritime law in Shipping & International Trade Law (Second Edition 2015). Their article provides a detailed explanation of contracts of carriage with an emphasis on jurisdiction and proper law, arbitration clauses, parties to the bill of lading contract, liability regimes, and lien rights. Mr. Kimball and Ms. Jones also answer common questions with respect to collisions, salvages conventions, general average claims, and limitation regimes in addition to addressing pollution and the environment, security, and arrest. ( Read more)

Congress Passes Coast Guard Bill in Waning Hours of 113th Congress

by Matthew J. Thomas

After considerable suspense and last-minute concessions on cargo preference and small vessel discharges, Congress passed Coast Guard authorization legislation for FY2015 on December 10, 2014. Like Coast Guard bills in previous years, the measure also serves as a vehicle for various legal and policy updates for maritime policies and programs government-wide. The new law, the Howard Coble Coast Guard and Maritime Transportation Act of 2014, carries the name of the North Carolina congressman retiring this month after three decades in the House, often in the forefront of maritime issues. ( Read more)

Old Dogs, New Tricks: Bunker Fuel Industry Facing Growing Cyber Threat

by Steven L. Caponi and Kate B. Belmont

The maritime community is sitting on the precipice of disaster. While regarded as one of the oldest and most well respected industries on the planet, the maritime community as a whole has failed to protect itself against the growing threat of cybercriminals. Methods of daily business transactions have failed to evolve, and the reliance on outdated technology with little to no cybersecurity protection has left many sections of the maritime community vulnerable to cyber attacks. ( Read more)

Sulfur Emissions Limit Reduced and U.S. Ramps Up Enforcement

by Gregory F. Linsin, Jeanne M. Grasso, and Dana S. Merkel

For vessels trading to ports in any of the four Emissions Control Areas ("ECAs") (North American, U.S. Caribbean Sea, Baltic Sea, and North Sea), compliance with the sulfur emissions limits just became ten times more difficult—and the regulators are monitoring compliance more closely than ever before. There are, though, concrete measures that vessel owners and operators can implement now to reduce their risk of becoming an enforcement statistic. ( Read more)

Risk Management Tool for Maritime Companies

Blank Rome Maritime has developed a flexible, fixed-fee Compliance Audit Program to help maritime companies mitigate the escalating risks in the maritime regulatory environment. The program provides concrete, practical guidance tailored to your operations to strengthen your regulatory compliance systems and minimize the risk of your company becoming an enforcement statistic. To learn how the Compliance Audit Program can help your company, please visit www.blankrome.com/complianceauditprogram.

Demystifying the Repeal of the Jones Act and Jones Act Waivers

by Jonathan K. Waldron and Jeanne M. Grasso

There always seems to be constant chatter about whether the Jones Act will be repealed and whether it is possible to obtain a waiver until it is repealed some day. In reality, despite some recent publicity concerning Arizona Senator John McCain's recent statements that the Jones Act will be repealed sooner or later, don't count on it. Senator McCain introduced a bill in 2010 to repeal the Jones Act, but it never went anywhere. Indeed, even Senator McCain himself admitted that the Jones Act lobby was as powerful as any he had come up against in his political career. (Read more)

Brett Esber Named Top Ten Shipping Lawyer by Lloyd's List

Blank Rome Partner Brett Esber was named one of the top ten lawyers for shipping law in Lloyd's List "One Hundred" (Edition Five), which promotes the most influential people in the shipping industry, from the top one hundred influential industry leaders to the top ten port operators, insurance personalities, regulators, classification societies, brokers, and finance executives. ( Read more)

The Story of the Jones Act and the U.S.' Caribbean Territories

by Stefanos N. Roulakis

The story of why the Jones Act does not apply to the U.S. Virgin Islands is not well known, but it has had and will have implications for the U.S. In particular, the Virgin Islands trade is often compared in policy discussions about the Jones Act to the Puerto Rico trade. The Virgin Islands also present a unique set of circumstances, as they are the only jurisdiction that is part of the United States and the U.S. customs zone, thus allowing the shipment of crude oil to the Virgin Islands without violating the crude export ban, and are exempt from the Jones Act. (Read more)

ECDIS: Are Your Watch Standers Ready for the Challenges?

by Alan M. Weigel

The Volvo Ocean Race is a nine-month, around-the-world sailboat race covering 39,000 thousand miles in nine separate legs across four oceans. The 65-foot, high-tech sloops that compete in the race are crewed by some of the most highly trained and experienced professional ocean yachtsmen in the world. Nevertheless, on November 29, 2014, one of those yachts, TEAM VESTAS WIND, grounded on a charted coral reef, part of the St. Brandon archipelago, 268 miles off the coast of Mauritius. ( Read more)

2014 Revision to the Himalaya Clause for Bills of Lading and other Contracts of Carriage

by Lauren B. Wilgus

A Himalaya clause is a clause used in bills of lading and other contracts of carriage to confer a benefit to entities that are not a party to that contract. The purpose of the clause is to protect those acting on behalf of the carrier from direct action by extending the same rights, defenses, exemptions, and protections from liability enjoyed by the contractual carrier to the carrier's servants, agents, and subcontractors. (Read more)

NY Court of Appeals Upholds Separate Entity Rule at the Expense of Judgment Debtors

by Rebecca L. Avrutin

On October 23, 2014, the New York Court of Appeals upheld the "separate entity" rule, which provides that "even when a bank garnishee with a New York branch is subject to personal jurisdiction, its other branches are to be treated as separate entities for certain purposes, particularly with respect to CPLR article 62 prejudgment attachments and article 52 postjudgment restraining notices and turnover orders." (Read more)

To read the full text of the articles in the January 2015 edition of Mainbrace, please download the PDF.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Rebecca L. Avrutin
Joan M. Bondareff
Jeanne M. Grasso
Dana S. Merkel
Stefanos N. Roulakis
Alan Weigel
 
In association with
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions