The central theme of Dan Brown’s best-selling book Origin involves answering the long-debated questions on evolution: Where do we come from? Who are we? And, where are we going? When you think about it, those three simple questions, when answered by any individual, group, or organization, will, in all likelihood, include an assessment of their own evolution. Blank Rome Maritime’s evolution, in and of itself, is quite extraordinary.
Where did we come from? On January 1, 2003, the firm Dyer Ellis & Joseph, P.C. joined Blank Rome, bringing with them a group of talented attorneys that focused on maritime regulatory, environmental, and transactional matters, formally launching Blank Rome Maritime. Three years later, on October 1, 2006, the firm Healy & Baillie, LLP joined Blank Rome, bringing with them a group of attorneys who had a broad array of dispute resolution skills focused on international shipping disputes and transactional matters. Then, on August 1, 2013, the firm Bell, Ryniker & Letourneau, P.C. joined Blank Rome, expanding Blank Rome Maritime’s geographic footprint by adding shipping lawyers in Houston, Texas. In the intervening years since 2003, Blank Rome Maritime has added many talented partners and associates, expanding each office and broadening the scope of matters we presently handle today.
Who are we? With nearly 40 shipping lawyers in New York, Washington, D.C., Houston, and Philadelphia, Blank Rome Maritime has the largest and most comprehensive maritime practice in the United States. Our maritime attorneys include former ship’s officers, U.S. Coast Guard and Navy officers, representatives and senior staff from congressional committees, P&I Club claim executives, and high-level officials of government agencies, including the Department of Justice, Maritime Administration, U.S. Securities and Exchange Commission, and the National Oceanic and Atmospheric Administration. We handle a broad array of issues for our clients operating in the maritime and international trade sector, and routinely represent our clients both in court and in arbitration, as well as before numerous governmental regularity bodies. And, Blank Rome Maritime is nationally recognized and ranked in leading surveys and publications, including The Legal 500 United States and Chambers USA (see here and here for our recently announced 2019 rankings), to name a couple.
Where are we going? Blank Rome Maritime will continue to evolve to meet the ongoing needs of our clients, and has a bright future ahead with our younger colleagues collaborating with our seasoned attorneys on enhancing our maritime services and capabilities.
With this overview of Blank Rome Maritime’s evolution, we hope you enjoy our summer edition of Mainbrace and the timely topics discussed, ranging from current congressional updates to discussions on evolving maritime policies, laws, and trends, and we welcome your feedback, as always.
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EDITOR, Mainbrace THOMAS H. BELKNAP, JR. Partner 212.885.5270 tbelknap@blankrome.com |
In complex long-term charters for vessels or finance leases in respect of vessels under the U.S. Uniform Commercial Code (“UCC”) and its Article 2A (governing commercial matters relating to finance leases) and under other similar law, a charterer’s or lessor’s damages under a charter or lease—both generally upon a payment default or in the event of a casualty—are often liquidated in stipulated loss value (“SLV”) provisions. These provisions ensure that the lessor/charterer gets the benefit of its bargain. It insulates the lessor/charterer, in part, from unusual market downturns impacting vessel value or casualties.
In the last several weeks, the Jones Act has drawn headlines over how it has shaped the U.S. and worldwide shipping industry. After almost 100 years as a part of federal law, there’s much misunderstanding as to what the law actually does.
While much attention is being paid to the Mueller report and the internal Democratic fight regarding impeachment procedures for President Donald Trump, the 116th Congress and its respective committees are trying to do their regular work in the meantime—including passing both authorization bills and appropriation bills for fiscal year 2020. Here are some key legislative developments relevant to the marine industry.
Band One | Shipping Litigation (New York) — Nationwide
When parties negotiate and draft maritime contracts, they inevitably consider whether, and if so, how, to define the process for dispute resolution. While arbitration is practically universal in “blue-water” charterparties, it is also common in other maritime agreements, such as vessel sale, construction and repair, supplies, commodity sale, towing, stevedoring, and terminal agreements, among many others. Even though some parties and lawyers generally oppose arbitration, the “pros” often outweigh the “cons,” and most specific concerns can be resolved by careful drafting of the arbitration provision. As stated by the U.S. Supreme Court, arbitration “is a matter of consent, not coercion.” Stolt–Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 681 (2010). Parties may structure their arbitration agreements as they see fit.