Blank Rome Announces 2022 Leadership Council on Legal Diversity Fellow and Pathfinders

Megan R. Wood
Saloni R. Patel
Samar Aryani-Sabet

Blank Rome LLP is pleased to announce that the Leadership Council on Legal Diversity (“LCLD”) has selected Megan R. Wood to join the 2022 LCLD Fellows Program and Saloni R. Patel and Samar Aryani-Sabet to join the 2022 LCLD Pathfinder Program. These hallmark programs are dedicated to producing a generation of attorneys with strong leadership and relationship skills who are committed to fostering diversity, equity, and inclusion within their individual institutions and throughout the legal industry. 

“We are thrilled to have Megan, Saloni, and Samar represent Blank Rome in the 2022 LCLD Fellows Program and Pathfinder Program,” said Grant S. Palmer, Blank Rome’s Managing Partner and CEO. “They have all demonstrated a real commitment to advancing diversity, equity, and inclusion at our firm, throughout the legal industry, and within their local communities, and we look forward to celebrating their successful achievements in this critical mission in the years to come.”

“As a longstanding LCLD member organization, Blank Rome is more committed than ever to accelerating diversity, equity, and inclusion throughout the organization, legal industry, and beyond,” said Krystal Studavent Ramsey, Director of Diversity and Inclusion at Blank Rome. “The retention, development, and advancement of our diverse attorneys is at the core of our firm’s culture and mission, and we are proactively engaged in identifying, implementing, and supporting new opportunities through progressive programs, policies, and initiatives such as the LCLD Fellows and Pathfinders programs.”

To read more about the program and Megan, Saloni, and Samar, please visit our website.

Blank Rome Newsletters

The BR Privacy & Security Download We invite you to read our April 2022 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. Read More »

The BR State + Local Tax Spotlight Welcome to the March 2022 edition of The BR State + Local Tax Spotlight, our monthly newsletter from Blank Rome’s State + Local Tax team that highlights important State + Local Tax developments across numerous jurisdictions and provides updates on significant legislative developments and judicial decisions that could impact business operations. Read More »

Severe Weather Emergency Recovery Team (“SWERT”)

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 recent hurricanes, wildfires, and mudslides across the United States. We are ready to assist those in the path of storms and other severe weather events. 

Learn more at blankrome.com/SWERT.

Coronavirus (“COVID-19”) Task Force

From supply chain disruption, government-ordered closures, and event cancellations to employee safety concerns, vaccine requirements, and social distancing recommendations, every company is facing its own unique challenges surrounding this ongoing global pandemic. Blank Rome’s Coronavirus (“COVID-19”) Task Force is monitoring this ever-changing situation and is here to help. 

Blank Rome’s Maritime Industry Team

Our maritime industry team is composed of practice-focused subcommittees from across many of our firm’s offices, with attorneys who have extensive capabilities and experience in the maritime industry and beyond, effectively complementing Blank Rome Maritime’s client cases and transactions. 

Download our Maritime Industry Team flyer for a detailed listing.

Now Available—Print Edition of MAINBRACE: December 2021

Did you miss our digital edition of MAINBRACE: December 2021?

You can download our newly released PDF version here.

Note from the Editor

Thomas H. Belknap, Jr., Editor

When I wrote the introductory note for the December 2020 issue of Mainbrace, I certainly hoped that by this time COVID-19 would be a distant memory. But as I write this, we are once again looking at more uncertainty ahead, and it seems that our collective ability to adapt and adjust will continue to be tested for the foreseeable future.

And on the very topic of needing to adapt, I hope you have been able to catch some of our recent Mainbrace Live webinar presentations. Following the successful launch of this new series in the spring, we presented four panels this fall covering topics as diverse as COGSA, marine casualty investigations, maritime liens and arrests, admiralty and maritime jurisdiction, shipowner limitation of liability, maritime environmental developments, and the role of insurance in ship finance. If you missed them, you can still view the recorded sessions (see the section after our articles below). We are pleased to note that this series has been very well received, so keep an eye out for more sessions next spring.

This issue of Mainbrace complements our recent Mainbrace Live webinar series to some extent, as several of the articles are companion pieces to this fall’s webinar presentations. In addition, we have included a number of other articles likely to be of interest to our maritime clients, on such topics as maritime cybersecurity, EU data transfer considerations, and Chapter 15 of the Bankruptcy Code. We hope you enjoy this issue!

We also take this opportunity to wish everyone a Happy Holiday Season and a healthy and prosperous 2022!

What If the Ever Given Grounding Had Occurred Here?

Jeffrey S. Moller

The timing of the Ever Given’s grounding in the Suez Canal could not have been better, at least as far as my admiralty law students at Drexel University and I were concerned. The incident occurred right after we covered the subject areas of casualties, cargo losses, and the potential liability of pilots. And just in time for me to add this extra-credit question to the final exam: “If the maritime law of the United States were applicable to the Ever Given incident, who would be liable for what, why, or why not?”

Background

As readers will no doubt remember, Ever Given became hard aground by both its bow and stern across a single-lane portion of the Suez Canal in March. The pilots, who were employees of the Suez Canal Authority (“SCA”) lost control of the ship in a severe wind/sand storm, partly because of the enormous sail area created by the multi-tier deckload of containers. 

While costly salvors worked to free the ship, one of the most important shipping shortcuts in the world was completely impassable. Hundreds of ships at each end had to either wait or take the long route around the Cape of Good Hope. These ships were loaded with livestock, agricultural products subject to spoiling, and parts inventories for the world’s “just in time” manufacturing economy. The SCA claims to have lost millions in passage fees. The ship was at least slightly damaged both bow and stern; owners of its cargo suffered delays and/or damage. 

Continue reading “What If the Ever Given Grounding Had Occurred Here?”

The Gateway to Federal Court: Admiralty Jurisdiction and Limitation of Liability

Noe S. Hamra and Zachary R. Cain

In the United States, state and federal courts operate on a dual track, with the difference that state courts are courts of “general jurisdiction” (hearing all cases not specifically reserved to federal courts), while federal courts are courts of “limited subject matter jurisdiction” (hearing cases involving “diversity of citizenship,” raising a “federal question,” or “sounding in admiralty”).

Admiralty and Maritime Subject Matter Jurisdiction

As it relates to admiralty and maritime subject matter jurisdiction, the U.S. Constitution states in Article III, Section 2 that “[t]he judicial Power shall extend. . . to all Cases of admiralty and maritime Jurisdiction…” The first statute defining the boundaries of admiralty jurisdiction was enacted in 1789 (known as the First Judiciary Act. (Chapter 20, section 9, 1 Stat. 73)). The current statutory grant of admiralty jurisdiction, however, can be found at 28 U.S.C. § 1333(1), which gives federal district courts original jurisdiction over “any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.” Some kinds of maritime cases—typically those involving in rem remedies against a vessel or cargo—are subject to the exclusive jurisdiction of the federal courts. Under the “savings to suitors” clause, on the other hand, state courts have concurrent jurisdiction over admiralty claims when a state court is competent to grant relief, which is in most instances where in personam jurisdiction may be had in a state court.

Continue reading “The Gateway to Federal Court: Admiralty Jurisdiction and Limitation of Liability”

Marine Casualty Investigations: Legal Standards

Zachary J. Wyatte

Without a doubt, shipping industry stakeholders should always strive to have zero days lost due to accidents. But, equally, the industry should also always be prepared to immediately respond to and investigate unfortunate events when they occur. In this regard, it is critical to understand the investigative process that sets in motion after a significant marine casualty occurs.

Our experience investigating and providing legal representation for clients following a marine casualty has shown that, despite decades of implementing international safety protocols, advancements in ship design, and an industry-wide focus and dedication to improved safety, marine casualties will continue to occur; maybe not as often, but they will happen. Simply put, following all the safety protocols put in place may not be enough to avoid a casualty. Indeed, vessels of all sizes, large and small, transiting the world’s oceans, subject themselves to influences beyond their control that create the inherent risk of a casualty occurring.

Continue reading “Marine Casualty Investigations: Legal Standards”