What You Need to Do Now to Prepare for the New SOLAS Verified Gross Mass Deadline

Mainbrace | June 2016 (No. 3)

Jonathan K. Waldron, Patricia M. O’neill, and Dana S. Merkel

As the July 1, 2016, effective date for the SOLAS Regulation VI/2 amendments quickly approaches, unanswered questions and difficulties complying with varied international and domestic implementations loom large. In an effort to provide guidance to the industry, the U.S. Coast Guard recently issued a Marine Safety Information Bulletin, dated April 28, 2016 (MSIB Number 009/16), declaring that existing U.S. laws and regulations for providing verified container weights are “equivalent” to the requirements under SOLAS Regulation VI/2. Continue reading “What You Need to Do Now to Prepare for the New SOLAS Verified Gross Mass Deadline”

Chambers Global 2016 Ranks Blank Rome Attorneys and Shipping Litigation Practice

Mainbrace | June 2016 (No. 3)

Chambers Global 2016 recognized Blank Rome LLP as a global leader in Shipping: Litigation, as well as Partners Anthony B. Haller and John D. Kimball for their industry knowledge and leading practices. Continue reading “Chambers Global 2016 Ranks Blank Rome Attorneys and Shipping Litigation Practice”

A Note from the Editor

Mainbrace | June 2016 (No. 3)

Thomas H. Belknap, Jr.

Thank you.

Everyone appreciates acknowledgement for hard work and a job well done. It’s human nature. An occasional pat on the back makes us feel good about what we are doing, and it makes us strive harder to earn the recognition we receive. Continue reading “A Note from the Editor”

SOLAS Verified Gross Mass (“VGM”) Countdown: Will You Be Ready On July 1, 2016?

Jeanne M. Grasso, Dana S. Merkel, and Jonathan K. Waldron

Action Item: With less than 30 days remaining before the July 1, 2016, effective date of the new International Convention for the Safety of Life at Sea (“SOLAS”) Regulation VI/2 amendments, the International Maritime Organization (“IMO”), Administrations, and industry continue to tackle unanswered compliance questions and concerns.

Below, we discuss the most recent guidance and developments from the U.S. Coast Guard, IMO, and industry organizations, as well as our assessment and views on enforcement, to assist stakeholders in preparing for the July 1 deadline, while taking into account the unique characteristics of various operations and ports. Continue reading “SOLAS Verified Gross Mass (“VGM”) Countdown: Will You Be Ready On July 1, 2016?”

The Well Control Final Rule Is Here, Finally

Jeanne M. Grasso, Jonathan K. Waldron, and Stefanos N. Roulakis

Action Item: The recently published Well Control Rule will require significant changes to Blow-Out Preventer (“BOP”) systems and well operations. Stakeholders in offshore oil and gas operations should carefully evaluate the new measures, review safety procedures, and develop plans to come into compliance within the time frames mandated by the regulations. Continue reading “The Well Control Final Rule Is Here, Finally”

Respected Conclave Proposes Important Revisions to Chapter 15 of the U.S. Bankruptcy Code

Mainbrace | March 2016 (No. 2)

Michael B. Schaedle

Chapter 15 of the U.S. Bankruptcy Code enacts the Model Law (the “Model Law”) on Cross-Border Insolvency promulgated by the United Nations Commission on International Trade Law, which has been adopted by the United States and 40 other countries. Chapter 15 is designed to enable international reorganization by creating a straightforward means by which foreign debtors can access the American judicial and bankruptcy system to assist foreign courts in their work in reorganizing, rehabilitating, and liquidating those debtors with cross-border interests, including in the United States. Continue reading “Respected Conclave Proposes Important Revisions to Chapter 15 of the U.S. Bankruptcy Code”

BIMCO’s Cybersecurity Guidelines: Shipowners’ and Operators’ Risk, Exposure, and Liability

Mainbrace | March 2016 (No. 2)

Kate B. Belmont

Introduction

On January 4, 2016, the maritime industry changed forever. With the release of “The Guidelines on Cyber Security Onboard Ships” created by BIMCO, CLIA, ICS, Intercargo, and Intertanko, the maritime industry acknowledged and recognized that cyber-threats are grave and cyber-attacks are happening. The maritime industry responded to the call for greater education on cybersecurity and greater protections, and created a set of guidelines for shipowners and operators to defend against such attacks. Accordingly, as the BIMCO Cybersecurity Guidelines make clear, shipowners and operators must be proactive in protecting against such threats, and they must be responsive. While the maritime industry has been hesitant to address cybersecurity issues and embrace the new realities of operating in a world heavily reliant on ICT (information and communication technology), with the release and publication of the BIMCO Cybersecurity Guidelines, the maritime industry no longer has its head in the sand. These guidelines have become the new standard against which shipowners and operators will be judged when addressing issues related to cybersecurity onboard ships. Continue reading “BIMCO’s Cybersecurity Guidelines: Shipowners’ and Operators’ Risk, Exposure, and Liability”

Deepwater Horizon Court Ruling Closes the Gap on Responder Immunity

Mainbrace | March 2016 (No. 2)

Jonathan K. Waldron and Lauren B. Wilgus

On February 16, 2016, the U.S. District Court for the Eastern District of Louisiana issued a landmark decision with respect to responder immunity. In In re DWH Oil Spill, MDL No. 2179 (ED La, February 16, 2016), the court granted the clean-up responder defendants’ motions for summary judgment with respect to claims asserted against them by plaintiffs who engaged in a variety of clean-up activities and were exposed to oil, dispersants, and other chemicals while doing so as a result of actions or omissions relating to the defendants’ use of dispersants and other response efforts during the Deepwater Horizon incident. Continue reading “Deepwater Horizon Court Ruling Closes the Gap on Responder Immunity”

A Note from the Chair, Maritime and International Trade Practice Group

Mainbrace | March 2016 (No. 2)

John D. Kimball

As we gather for CMA 2016, “Volatility” seems to be the key word for this year. It is the year of the monkey in the Far East. It is a presidential election year here in the United States, with such a wide range of campaign themes and personalities in the running that a state of uncertainty and confusion is understandable both at home and abroad. Stock markets world-wide continue gyrating. And many sectors of the shipping industry seem to be in the mode of simply bracing to get through the year, wishing that 2016 would hurry up so that we can put it behind us. To the extent the work of law firms can be said to serve as an economic indicator, what do we see happening? Our insolvency and restructuring practice continues to be very active. Regulatory compliance continues to have an important role, and we expect that to be a permanent feature of the business. Sanctions issues also remain very active. But the shipping business has been through turbulent seas many times before and the resilient spirit of the people working in this business is remarkable. It is impressive that so many sectors of the shipping business are holding to a long-term positive view. This year’s theme of the CMA is “Local Talent, Global Impact,” and that seems very apt. We look forward to participating in the discussions.

The U.S. Imperative for New Icebreakers

Mainbrace | March 2016 (No. 2)

Joan M. Bondareff and James B. Ellis

Executive Summary

The U.S. Coast Guard, under new guidance from President Barack Obama, is moving forward to acquire one new polar icebreaker for the United States. But the United States, as a leading maritime power and Arctic nation, needs more icebreakers and has yet to determine how to fund these very expensive ships. This article describes the United States’ disappointing history with polar icebreakers and why they are badly needed. Continue reading “The U.S. Imperative for New Icebreakers”