Note from the Maritime Industry Team

Mainbrace | October 2017 (No.4)

Richard V. Singleton II

Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington, D.C., maritime attorneys have been occupied with numerous regulatory, Jones Act, and white collar criminal matters. They also continue to devote substantial time working with our Blank Rome Government Relations partners trying to discern and advise our clients on the direction that the Trump administration will likely take with respect to maritime, environmental, and regulatory policy. Our New York office has been occupied with a number of maritime casualties, including the recent collision involving the United States Navy vessel John McCain, and a steady flow of insolvency matters/questions. And our Houston office, notwithstanding being closed for five-and-a-half days as a result of Hurricane Harvey, has been so busy that it has enlisted assistance from attorneys in our other offices. Fortunately, with more than 60 attorneys in Blank Rome’s Maritime Industry Team who are located throughout our Houston, New York, Washington, D.C., and Philadelphia offices, we have the resources to meet our clients’ needs. Continue reading “Note from the Maritime Industry Team”

Cyber Risk Management Guidelines for the Maritime Industry

Mainbrace | October 2017 (No.4)

Kate B. Belmont and Jared Zola

The summer of 2017 has been noteworthy for developments in maritime cybersecurity and cyber risk management. Major global cyber attacks from the WannaCry attack to the NotPetya attack, including mass GPS spoofing attacks in the Black Sea, have significantly affected the maritime industry, leaving no doubt of the importance of cybersecurity and cyber risk management. Continue reading “Cyber Risk Management Guidelines for the Maritime Industry”

Recent Hurricanes Wreak Havoc, Produce Bipartisan Congressional Support and Trump Jones Act Waivers

Mainbrace | October 2017 (No.4)

C.J. Zane, Alan Rubin, and Joan M. Bondareff

As we are putting this issue of Mainbrace to bed, our thoughts are with the residents of Puerto Rico, Texas, and Florida who are still recovering from the rarest of U.S. tragedies—three major hurricanes to directly hit U.S. land within a month. These disasters brought unique opportunities for neighbors to help one another and for bipartisanship in Congress, including a new deal with President Trump. Continue reading “Recent Hurricanes Wreak Havoc, Produce Bipartisan Congressional Support and Trump Jones Act Waivers”

Regulatory Stalemate in the Trump Era

Mainbrace | October 2017 (No.4)

Sean T. Pribyl, Jonathan K. Waldron, and Joan M. Bondareff

In the lead up to the general election, then-candidate Donald Trump often repeated campaign promises to massively cut federal regulations that he viewed as stifling to business growth and killing jobs. True to his word, in his first 200 days of office, President Trump has generally delivered on his promise to stymie new federal regulations, including those impacting the maritime industry. Continue reading “Regulatory Stalemate in the Trump Era”

Enforcement in the United States of Foreign Judgments that Incorporate Monetary “Penalty” Provisions

Mainbrace | October 2017 (No.4)

W. Cameron Beard

While the United States is a party to an international convention on the enforcement of foreign arbitral awards,  it is not a party to any similar instrument regarding the enforcement of foreign court judgments. Nevertheless, foreign court judgments providing civil as opposed to criminal relief can be enforced in the United States, generally pursuant to the laws of individual states where judgment enforcement is sought. Continue reading “Enforcement in the United States of Foreign Judgments that Incorporate Monetary “Penalty” Provisions”

FCPA under the New Administration

Mainbrace | October 2017 (No.4)

Mayling C. Blanco, Carlos F. Ortiz, Shawn M. Wright, and Ariel S. Glasner

 

 

 

The single most frequently asked question by our international clients over the past several months is whether there will be changes in white collar prosecution priorities under the new administration, specifically with respect to the Foreign Corrupt Practices Act (“FCPA”). The FCPA, which criminalizes the payment of bribes to foreign officials around the world, has been subject to enforcement trends and scrutiny during its 40-year history.

Continue reading “FCPA under the New Administration”

Fintech Alert: Marine Insurance Embraces Blockchain Technology

Mainbrace | October 2017 (No.4)

Keith B. Letourneau and Lauren B. Wilgus

As we previously discussed in our March 2017 issue of Mainbrace, blockchain technology is continuing to prolifer- ate throughout all aspects of industry, including shipping, with Hyundai Merchant Marine (“HMM”) recently completing its first pilot voyage from the South Korean port of Busan to the Chinese port of Qingdao employing blockchain technology. Continue reading “Fintech Alert: Marine Insurance Embraces Blockchain Technology”

Kate Belmont Authors Chapter, “Maritime Cyber Security: The Unavoidable Wave of Change”

Mainbrace | October 2017 (No.4)

Blank Rome Associate Kate B. Belmont authored the chapter, “Maritime Cyber Security: The Unavoidable Wave of Change,” in Issues in Maritime Cyber Security, edited by Joseph DiRenzo III, Nicole K. Drumhiller, and Fred S. Roberts (2017, Westphalia Press, an imprint of the Policy Studies Organization).

ABOUT THE BOOK:
The world relies on maritime commerce to move exceptionally large portions of goods, services, and people. Collectively, this effort comprises the Maritime Transportation System (“MTS”). Cyber networks, and the infrastructure they control, are a major com- ponent of this daunting multifaceted enterprise.

The impact of the cyber element on the international MTS is significant. The need for all stakeholders in both government (at all levels) and private industry to be involved in cyber security is more significant than ever as the use of the MTS continues to grow.

This pioneering book is beneficial to a variety of audiences, as a text book in courses looking at risk analysis, national security, cyber threats, or maritime policy; as a source of research problems ranging from the technical area to policy; and for practitioners
in government and the private sector interested in a clear explanation of the array of cyber risks and potential cyber defense issues impacting the maritime community.

To learn more or to purchase Issues in Maritime Cyber Security, please click here.

Jeremy Herschaft Appointed Vice President of AIJA Transport Law Commission

Mainbrace | October 2017 (No.4)

Blank Rome Partner Jeremy Herschaft has been appointed as a vice president of the International Association of Young Lawyers (“AIJA”) Transport Law Commission for a three-year term.

Mr. Herschaft will serve in the vice president position along with Cherry Almeida of Alius Law (Rotterdam) and Lucas Marques of Kincaid (Rio de Janeiro), and all three will support incoming Transport Law Commission President Javier Zabala of Meana Green Maura & Co. (Bilbao).

Through his role, Mr. Herschaft spoke on the panel “Maritime Credits and Liens vs International Insolvencies—Digesting

the Latest Judicial Resolutions Throughout the E.U. and the U.S.” at the AIJA seminar, Navigating Through Troubled Waters; Current Trends in International Maritime and Energy Insolvencies, held September 28-30 in Bilbao, Spain. For more information on his panel, please click here.