Blank Rome Of Counsel James B. Ellis II received a “Distinguished Service” award by the U.S. Coast Guard Academy (“USCGA”) Alumni Association for his pro bono legal work and service on the Association’s Board of Directors. The USCGA Alumni Association provides services to and promotes fellowship among its members, raising funds to provide “margin of excellence” support to the Corps of Cadets and to preserve traditions and enhance the reputation of the Academy. For more information, please click here.
Blank Rome’s James B. Ellis II Receives Pro Bono Distinguished Service Award by ISCGA Alumni Association
Mainbrace | January 2016 (No. 1)
Blank Rome Partner 
In the waning hours of the first session of the 114th Congress, the Senate passed H.R. 4188, an “Act to authorize appropriations for the Coast Guard for fiscal years 2016 and 2017, and for other purposes,” but the House of Representatives had already recessed for the year so final passage has been stalled until 2016. We anticipate that the House will take up the bill within the first two months of 2016, pass it without further amendment, and send it off to the President for his signature. Therefore, we have summarized the Senate enrolled bill, below, with our fondest hopes that the House decides not to tinker with the bill any further… 
On December 15, 2015, in In re Daebo International Shipping Co., Ltd., Bankr. Case No. 15-10616 (MEW), the United States Bankruptcy Court for the Southern District of New York (the “New York Bankruptcy Court”) issued a memorandum opinion vacating a set of Rule B attachments on a bond (proxy collateral for M/V DAEBO TRADER, a Panamax dry bulk container ship leased to Daebo International Shipping Co. Ltd. from Shinhan Capital Co.). 
As their owners, operators, and charterers are all too aware, foreign-flagged vessels calling in U.S. ports routinely face the threat of becoming entangled in U.S. civil litigation, such as through arrest and/or attachment actions. This can happen even when the underlying
BIMCO and its international shipping association partners CLIA, ICS, Intercargo, and Intertanko, recently released the first set of cybersecurity guidelines targeted to shipowners and operators, “The Guidelines on Cyber Security Onboard Ships.” Recognizing the maritime industry’s over-reliance on information technology (“IT”) and operational technology (“OT”), and the risks associated with unauthorized access or malicious attacks to ships’ systems and networks, BIMCO and its partners created these guidelines specifically for the maritime industry. The guidelines provide direction, awareness, and “guidance to shipowners and operators on how to assess their operations and put in place the necessary procedures and actions to maintain the security of cyber systems onboard their ships.” 
Whether voluntarily or as required by the International Safety Management Code, the American Waterways Operators’ (“AWO”) Responsible Carrier Program, or some other rule or regulation, investigations of accidents and near-miss situations are routinely conducted by companies in the maritime industry. This is due to the widespread recognition that careful examination of the root causes of such incidents can help to prevent future occurrences. Faulty procedures, defective equipment, and inadequate training can all be identified in the investigation exercise. Conducting investigations is now a critical part of the job for vessel officers, shoreside safety managers, and company executives.