I recently spent four days on a commercial vessel while it transited from port to port delivering cargo. As a former mariner I really enjoyed being back out at sea, but I quickly realized how much has changed for the life of a mariner.
While an old sailor may think that STCW work hour restrictions and modern technology, i.e., global telecom and computerization, have made life at sea a tad less taxing mentally and physically, they would be wrong. While the mariner 35+ years ago worked without hour restrictions and did not have an iPhone to stay in touch with family or friends, shore leave was easier and work contracts were shorter.
Today, the fast pace of in-port cargo operations and visa restrictions make port leave a thing of the past for most mariners. On top of that, contract lengths are now generally six months for officers and nine months for ratings.
In short, life at sea is hard. One mariner said to me during the transit, “it would be nice to get a call every so often asking me how I’m doing.”
I know there are many organizations that support seafarers and hats off to them. More can be done by other stakeholders. If you are sitting at your desk and you have the phone number of a mariner, call them up this New Year and ask how they are doing. You will be surprised how much that small gesture means to them.
On November 5, 2025, the Supreme Court heard oral argument in the consolidated tariff cases. This article addresses a few notable points made during the argument and examines the underpinnings of each. On balance, it appears the Supreme Court will not uphold the reciprocal and fentanyl tariffs imposed by the president under the International Emergency Economic Powers Act (“IEEPA”), though there are other more complicated means to a similar end. The Court’s decision is expected early this year.
Justice Barrett inquired of Solicitor General Sauer (“SG”) where there is any other place in the United States Code where the words “regulate importation” confer tariff-imposing authority. The SG noted it exists in the Trading with the Enemy Act (“TWEA”) as interpreted in Yoshida and IEEPA. In Yoshida, the Court of Customs and Patent Appeals held that President Nixon had the authority to impose a 10 percent import duty surcharge under TWEA’s authority to “regulate … importation.” Nevertheless, Yoshida made clear that each presidential proclamation must be evaluated on its own facts and circumstances. In that case, the measure issued under TWEA was temporary; it did not supplant the entire tariff scheme of Congress and did not apply to all imports, but only those imports already subject to tariffs. Yet, despite such limitations, the Yoshida court recognized that there was a broad grant of authority under TWEA, and said, “[t]hough such a broad grant may be considered unwise, or even dangerous, should it come into the hands of an unscrupulous, rampant president, willing to declare an emergency when none exists, the wisdom of a congressional delegation is not for us to decide.”
In late October 2025, President Donald Trump embarked on a weeklong tour of Asia and returned having secured a temporary truce in the U.S.-China trade war, and a number of economic deals with Japan, South Korea, Cambodia, Malaysia, Thailand, and Vietnam.
These deals demonstrate not only a strengthening of trade and investment ties between the United States and Asia, but also underscore the need for companies to track diplomatic developments that may impact their supply chains, especially those for sensitive technologies and scarce resources.
This article follows on a 2021 MAINBRACE article, “The Gateway to Federal Court: Admiralty Jurisdiction and Limitation of Liability,” which discussed the practical use of the Shipowners’ Limitation of Liability Act, 46 U.S.C. § 30501, et seq. (“Limitation Act” or the “Act”) in admiralty cases in U.S. Federal Courts. Following a recent Marine Casualty Seminar where the authors presented on this topic, this article will expand on the scope of the Limitation Act and provide more detail on the process for a limitation proceeding pursuant to the Limitation Act.
Substantive Characteristics of the Shipowner’s Limitation Act
A vessel owner may be able to limit its liability to the vessel’s post-casualty value plus then-pending freight (the “limitation fund”) if it did not have knowledge or privity of the acts of negligence or conditions of unseaworthiness that caused the incident. Whether a potential limitation petitioner is an owner able to limit its liability depends on the degree of control the putative owner exercises over the manning, operation, and navigation of a vessel. This means that entities other than the registered owner may be entitled to limit liability, including vessel managers, shareholders of a vessel-managing entity, former vessel owners, trusts holding legal title, and others. To evaluate whether a given entity may be able to limit liability, it is best to start with the question: Is this entity subject to shipowner’s liability because of its exercise of control over the vessel? If so, that entity should be a proper limitation petitioner.
After a marine casualty occurs, there will be many immediate actions for the relevant parties, including the vessel’s owner, manager, insurers, and counsel (“vessel interests”), to handle. Every incident has its own unique challenges, and this article will highlight some considerations regarding the preservation of evidence. Preservation of evidence is a critical step in the face of government investigations and in anticipation of litigation.
As a starting point, vessel interests will need to assemble an internal investigation team to assist with the initial response and investigation. This will include technical experts, consulting experts, and counsel who can assist with making sense of things in the immediate aftermath and in providing guidance and legal advice to the vessel’s crew.
From October 14 to 17, 2025, the International Maritime Organization’s (“IMO”) Marine Environment Protection Committee (“MEPC”) held an extraordinary session to consider the adoption of amendments to MARPOL Annex VI, including the proposed IMO Net Zero Framework (“NZF”). The session concluded with a decision to adjourn and reconvene in 12 months, allowing additional time to consider revisions to the NZF and for Member States to build consensus.
In the interim, technical and implementation details are being developed and refined through IMO bodies, notably the Working Group on the Reduction of Greenhouse Gas Emissions from Ships (“Working Group”), which met from October 20 to 24, 2025, to advance NZF guidelines.
Meanwhile, the United States continues to reaffirm its strong opposition to the NZF, while outlining potential retaliatory measures. European Union decarbonization regulations remain in force, and regional frameworks continue to evolve in the absence of unified IMO action. This regulatory uncertainty highlights the importance of proactive engagement with policymakers and strategic planning across various potential compliance scenarios.
Blank Rome Maritime Group Named 2025 Transport – Shipping Firm of the Year in Annual Lexology Index Awards
Blank Rome has been named the Transport – Shipping Firm of the Year in the 2025 Lexology Index Awards. Lexology presents the Index Awards to individuals and firms that demonstrate exceptional performance based on the publication’s independent research. Only one firm is honored in each featured practice area. Read More >>>
Blank Rome Highly Ranked in Best Lawyers® 2026 Edition of “Best Law Firms”
Blank Rome was ranked nationally in 28 practice areas and regionally in 100 practice areas in the 2026 edition of “Best Law Firms” by Best Lawyers®. The firm was ranked Tier 1 nationally in Admiralty and Maritime Law, as well as Tier One regionally in Houston, New York City, and Washington, D.C. Read More »
Keith B. Letourneau Named Maritime Attorney of the Year by Texas Lawyer
Partner Keith B. Letourneau has been named Maritime Attorney of the Year by Texas Lawyer and Law.com as part of the 2025 Texas Legal Awards. The Texas Legal Awards honor individuals and organizations that have made outstanding contributions to the legal profession and to the state of Texas. The Maritime Attorney of the Year award recognizes a legal professional who has demonstrated exceptional leadership and achieved significant success in maritime law over the past year. Read More »
Blank Rome Attorneys Recognized in 2026 Best Lawyers in America®
Blank Rome was recognized in the 2026 Best Lawyers in America survey, which ranked 235 firm attorneys in the annual categories of “Lawyers of the Year,” “Ones to Watch,” and “Best Lawyers” in 60 practice groups across 14 regions. Partners Keith B. Letourneau and Thomas H. Belknap, Jr., were recognized in the “Lawyers of the Year” category for Admiralty and Maritime Law in Houston and New York City, respectively. Additionally, 14 Maritime attorneys were recognized as “Best Lawyers.” Read More »
Chambers USA 2025 Honors Blank Rome Maritime Attorneys and Practices
Chambers USA 2025 nationally ranked Blank Rome’s Maritime practice and attorneys in the following areas:
Transportation: Shipping/Maritime: Finance
Transportation: Shipping/Maritime: Litigation (New York) – #1 ranking
Transportation: Shipping/Maritime: Litigation (outside New York) – #1 ranking
The firm’s ranked Maritime attorneys include: Thomas H. Belknap, Michael Bell, William R. Bennett, Jeanne Grasso, John D. Kimball, Keith B. Letourneau, Richard Singleton, Anthony Salgado, Douglas Shoemaker, Matthew J. Thomas, and Jonathan K. Waldron. Read More »
Blank Rome Attorneys and Practices Highly Ranked in The Legal 500 United States 2025
Blank Rome’s Maritime group and attorneys have been highly ranked and recommended in The Legal 500 United States 2025. Researchers at The Legal 500 conduct annual, in-depth market research and gather information from individual law firms as well as feedback from peers and clients to form an objective analysis and prepare comprehensive rankings and editorial of the U.S. legal market.Read More »
Trump Administration Resource Hub
We invite you to visit our Trump Administration Resource Hub to explore our thought leadership provided by a team of attorneys dedicated to providing comprehensive analysis and actionable insights to help navigate the complexities and opportunities presented by the administration’s executive orders, policies, and regulatory changes.
Appellate Insights: Winning on Appeal
We are excited to introduce a new issue of Blank Rome Appellate Insights: Winning on Appeal, a monthly digital newsletter dedicated to appellate law. This publication highlights significant appellate court decisions, as well as trends and developments shaping litigation strategy across the country. In each issue, readers will find timely analysis, case spotlights, and commentary from our experienced Appellate Litigation team. To read the latest edition of Appellate Insights: Winning on Appeal, please click here.
The BR International Trade Report
The January 2026 issue of The BR International Trade Report, Blank Rome’s monthly digital newsletter, highlights international trade, sanctions, cross-border investment, geopolitical risk issues, trends, and laws impacting businesses domestically and abroad. Click here to read it.
The BR Privacy & Security Download
We invite you to read our January 2026 edition of The BR Privacy & Security Download, the monthly digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice, which covers current trends and updates in the areas of state, local, and federal laws and regulations, U.S. litigation and enforcement, and international laws and regulations, as well as the group’s recent events and webinars, media activity, and news. To view the latest edition of The BR Privacy & Security Download, please click here.
SWERT is an interdisciplinary group of Blank Rome attorneys and government relations professionals with decades of experience helping companies and individuals recover from severe weather events, including hurricanes, wildfires, mudslides, snowstorms, earthquakes, and tornadoes. We are ready to assist those in the path of storms and other severe weather events.
The seafarers of today’s global fleet are the lifeblood of our industry, working tirelessly to keep ships operating safely from port to port. “Perseverance” may not be the first word that comes to mind when asked to describe a mariner. Yet, it may be the most accurate when taking into account the time most mariners spend at sea, working away from family and friends for months on end, through heavy storms and rough seas. Working at sea is a grind. And there are no vacation days to recalibrate or take a deep breath.
It is my belief that it is up to us: the onshore maritime community that benefits from those who go to sea, to support our seafarers whenever we can. One way to help is to donate your time or money to an association that directly helps mariners. This year, the Seamen’s Church Institute (“SCI”) will hosted its Mountain Challenge from September 25 to 28 at Sunday River Resort in Maine. More than 50 teams of three maritime industry professionals will compete in challenges that involve hiking more than 30 miles of rugged terrain, mastering obstacles, and canoeing the Androscoggin River. Perseverance is a must to complete the course.
The goal is not to win, but to raise funds to benefit SCI and its noble mission of compassionately serving mariners and seafarers. If you wish to support an SCI Mountain Challenge team, more details and information on how to donate are available here: scimountainchallenge.org.
