Shipping: litigation and regulation in United States

Freehill Hogan & Mahar LLP

Representing P&I clubs, insurance companies, shipowners, marine operators, New York harbor ferry operators, and marine construction and dredging operators, Freehill Hogan & Mahar LLP‘s team includes attorneys who attended the US’ merchant marine academies or served in the US Navy. The New York-based practice fields experts in major casualties, while the firm’s personal injury defense practice covers maritime personal injury claims, occupational disease cases, workmen’s compensation claims, Defense Base Act cases, and premises liability matters. Peter Gutowski‘s workload encompasses charter party disputes, casualties, cargo loss and damage claims, and the exercise of provisional remedies such as arrest and attachment; Don Murnane maintains an extensive maritime litigation and arbitration practice; Wayne Meehan specializes in major casualties; and John Karpousis is a maritime personal injury law specialist. The firm further showcases marine casualty experts Michael Fernandez and Daniel Fitzgerald; Thomas Canevari, who concentrates on marine personal injury and death cases; William Pallas, an adviser on intermodal cargo loss and damage cases; and Justin Nastro, an expert in admiralty, personal injury, insurance defense, cargo and Jones Act claims. Other key practitioners are Eric Matheson, Will Yost, Michael Tucker, Tanner Honea and Yaakov Adler, along with Michael Dehart, Mathew Pallay and Ryan Byrnes.

Praxisleiter:

Wayne Meehan


Kernmandanten

West of England P&I Club


Britannia P&I Club


Maersk Line


AIG


Hapag-Lloyd


Thomas Miller (Americas) Inc.


McAllister Towing & Transportation


Crowley Marine Corp.


Standard Steamship P&I


Signal Mutual Indemnity


China Ocean Shipping


Great Lakes Dredge & Drydock Company


Stolt-Nielsen Transportation Group


Gard (North America) Inc.


Mediterranean Shipping Company. Inc.


Eres N.V.


Liberty International Underwriters


Trevcon Construction Co. Inc.


CV STARR Marine


Chipolte Mexican Grill


Hornblower New York LLC


Luzar Trading S.A.


CSX Transportation


Blackboard Insurance


CV Starr DBA Group


NYC Department of Transportation


CNA Insurance


Rolls Royce PLC


Weeks Marine


Jones Walker LLP

From offices in Houston, Mobile, New Orleans, and Miami, Jones Walker LLP‘s sizeable maritime litigation and dispute resolution group acts in state, federal, and administrative proceedings throughout the US, including emergency response, maritime litigation, regulatory, and transactional disputes. Advising on every aspect of the maritime industry, the firm is home to experts in the brown water, blue water, cruise line and offshore energy sectors. Among the practice’s several active practitioners, Grady Hurley is first vice president of the US’ Maritime Law Association; Jefferson Tillery tries cases in state and federal courts throughout the Gulf Coast; Scott Jenkins assists with both regulatory issues and maritime disputes; and Richard Bertram heads the maritime regulatory team. The department further includes Etienne Balart, who represents terminals, shipyards, and vessel operators in litigation; George Fowler III, whose track record includes trying hundreds of cases to juries and judges; Wayne Zeringue Jr, a specialist in admiralty and maritime litigation; and Sara Kuebel, who is also an active maritime litigator. Over in Miami, Luis Llamas‘ practice encompasses admiralty disputes and cruise line claims, while former partner Lara DiCristina is an August 2023 departee. All practitioners named are based in the firm’s New Orleans office unless otherwise mentioned.

Praxisleiter:

Grady Hurley; Jefferson Tillery; Scott Jenkins; Richard Bertram


Referenzen

Fully-capable and comprehensive litigation and regulatory team with extensive experience in all matters; Creative; Not afraid to try cases when necessary or realize the benefits of early resolution.’

K&L Gates

K&L Gates‘ ‘pragmatic, ethical and very knowledgeable’ maritime practice is consistently mandated to advise on arrests, attachments, and seizures of vessels and cargo. The team also assists with cargo claims, limitation of liability proceedings, vessel collisions, allisions, groundings, and personal injury and death-related matters. The firm additionally houses experts in marine insurance claims; and charter party, bill of lading and other maritime contractual disputes, as well as piracy-related issues. On the environmental side, the group regularly defends ship owners, operators, managers, charterers and crew members facing civil fines or criminal prosecution under domestic and foreign environmental regulations. In Boston, Jeffrey King focuses on commercial litigation and arbitration involving maritime and transportation. In Washington DC, Michael Scanlon‘s maritime practice involves both domestic and international maritime work, Mark Rugehas an incredible handle on policy’, Darrell Conner is a government affairs counselor in the firm’s public policy and law group, and Elle Stuart assists with transportation-related federal regulatory, policy and legislative matters. In the firm’s New York office, George Kontakis is ‘a very bright, knowledgeable and easy-to-reach partner’. Jorge Romero retired in April 2024, and Luke Reid left the firm in June 2024.

Praxisleiter:

Jeffrey King; Michael Scanlon; Darrell Conner


Weitere Kernanwälte:

Mark Ruge; Elle Stuart; George Kontakis


Referenzen

‘This team is pragmatic, ethical and very knowledgeable in relation to United States Coast Guard and other regulatory matters. Always a good resource to call upon.’

‘K&L Gates team has, over many years, collected a diverse group of professionals with varied backgrounds and expertise; and the group has held together as a productive and cohesive team with multiple contacts on the Hill and numerous regulatory agencies.’

George Kontakis impresses with his and the team’s efficient, client-friendly approach.’

Kernmandanten

American Maritime Partnership


Institute of International Container Lessors


Norwegian Cruise Line Holdings, Ltd.


Matson, Inc.


Transportation Institute (TI)


Lake Carriers’ Association


Mediterranean Shipping Company SA


Ripley Entertainment Inc


Clyde & Co LLP

A ‘safe pair of hands with significant experience’, Clyde & Co LLP‘s marine team comprises experts in marine insurance, marine-related regulatory sanctions, and maritime litigation and arbitration. The group routinely acts for shipping companies and commodities trading firms, as well as their insurers, in hull, liability, cargo, pollution, sanctions, insolvency, war risk, loss of earnings, and environmental claims. The team is also mandated to lead investigations involving marine and industrial facility casualties, Office of Foreign Assets Control sanctions, operational safety and environmental compliance, and criminal enforcement actions. The track record of the ‘well-connected and approachableJohn Keough includes litigating complex maritime, insurance and commercial disputes in state and federal courts throughout the US; and John Woods has significant experience in cases involving shipbuilding contracts and third party marine liability. The team also features the firm’s aviation, marine and energy practice co-head, Corey Greenwald, who handles complex commercial disputes involving major marine casualties. All listed attorneys are based in the firm’s New York office unless otherwise stated. In September 2023, Conte Cicala departed the firm.

Praxisleiter:

John Keough; John Woods


Weitere Kernanwälte:

Corey Greenwald


Referenzen

Safe pair of hands with significant experience.

John Keough is well connected and approachable.

Cozen O'Connor

Cozen O'Connor‘s maritime regulatory team acts for shipping liner trade associations, joint ventures, consortia, carrier alliances, and equipment pools. The group consistently represents maritime companies in regulatory and competition issues, as well as in relation to maritime-related US sanctions. The practice also comprises experts in Jones Act work (and other US cabotage laws), and matters regulated by the Federal Maritime Commission, Coast Guard, Maritime Administration, Customs and Border Protection, and Office of Foreign Assets Control. On the litigation front, the team acts in major marine casualties, as well as complex personal injury, wrongful death, loss of cargo and pollution claims. In Washington DC, David Heffernan is transportation and trade group chair; Jeffrey Lawrence and Robert Magovern regularly appear before DC’s federal transportation and trade agencies, as well as before foreign governments and international organizations; Wayne Rohde and Jeff Vogel are ‘go-to individuals in this space’; and Joshua Stein and Matthew Howell also handle maritime-related regulatory matters. Over in New York, Geoffrey Ferrer‘s expertise encompasses maritime lien and mortgage enforcement actions; and Christopher Raleigh focuses on maritime-related litigation and arbitration.

Praxisleiter:

David Heffernan; Geoffrey Ferrer; Robert Magovern


Referenzen

‘Cozen’s practice is a beacon of expertise in the US maritime regulatory field.’

‘In comparison to other firms, their industry knowledge, personalized service, and strategic foresight are unparalleled.’

‘Exceptional skill and dedication. Their deep understanding of the US Shipping Act’s legal intricacies and keen sense of commercial realities make them an invaluable asset.’

Kernmandanten

Hapag-Lloyd AG and Hapag-Lloyd (America) LLC


DVB Bank SE


Evergreen Shipping Agency (America) Corp.


Hamburg Sudamerikanische Dampfschifffahrts-Gesellschaft A/S & Co KG


Hamburg Sud North America, Inc.


MSC Mediterranean Shipping Company S.A.


ZIM Integrated Shipping Services Ltd.


Coastal Cement Corporation


HMM Company Limited


Advantage Tankers LLC and Advantage Award LLC


West Coast Marine Terminal Operators Agreement


World Shipping Council


Digital Container Shipping Association


Ocean Carrier Equipment Management Association Agreement (OCEMA)


Energy Transfer Partners


National Association of Waterfront Employers (NAWE)


Highlight-Mandate


  • Representing Ocean Carrier Equipment Management Association (among several others) in seeking to have the Federal Maritime Commission rule that ocean carriers’ alleged practices for contracts for intermodal chassis violate Section 41102(c) of the Shipping Act of 1984 (as amended).
  • Representing Evergreen Shipping Agency (America) Corp in a petition appealing the Federal Maritime Commission decision that Evergreen’s practices violated the FMC’s Interpretive Rule on unjust and unreasonable practices (with respect to demurrage and detention).
  • Assisted World Shipping Council with the analysis of federal legislation and federal agency activity relevant to the container shipping industry.

Holland & Knight

Holland & Knight is consistently sought out to handle US-related maritime incidents. Recent workloads include supply chain ensnarement-related litigation and proceedings before the Federal Maritime Commission, and the representation of shipper companies seeking recoupment for charges imposed during the pandemic. The team is also active in cargo loss work, while its full-service status facilitates the leveraging of antitrust, sanctions, energy, environmental, and tax specialisms. The practice is further mandated on a daily basis to advise on shipping regulatory issues, including Coast Guard and related matters, customs and border protection issues, carriage of dangerous goods, Office of Foreign Asset Control matters, embargoes, economic sanctions, and International Maritime Organization conventions. National transportation and infrastructure industry co-chair Christopher Nolan ‘provides practical and actionable advice’; Michael Frevola acts in maritime arbitrations and court proceedings; James Power‘s practice encompasses admiralty law; and Vincent Foley focuses predominantly on international transportation litigation and arbitration. Washington DC-based partner Michael Cavanaugh is a shipbuilding legislative and regulatory expert, and Julia Haines acts in offshore energy and traditional maritime litigation from the Houston office. All advisers are based in New York unless otherwise mentioned.

Praxisleiter:

Christopher Nolan


Weitere Kernanwälte:

Michael Frevola; James Power; Vincent Foley; Michael Cavanaugh; Julia Haines; Gerald Morrissey; Matthew Vafidis; Marie Larsen; Marie Larsen; Sean Pribyl; Robert Denig


Referenzen

‘Holland & Knight provides a creative approach to pre-litigation negotiations to get very favorable results. ’

‘H&K’s maritime practice is the best in class.’

‘They understand the law as well as anyone and are great advocates for their clients. ’

Kernmandanten

Norwegian Hull Club


Samsung Electronics


Government of Mauritius


Evergreen


Seawolf Tankers


Fujairah Oil & Gas


Fertilizantes Tocantins S.A.


Fluence Energy LLC


DOF AS


Bezos Earth Fund


JMB Shipping Arbitrations


Crowley


Port Liberty New York


Port Liberty Bayonne


International Transportation Service


Ports America


Highlight-Mandate


  • Acted for Samsung Electronics America in seeking recovery of multiples of millions of dollars in demurrage and detention charges by ocean carriers, in connection with supply chain delays at ports and terminals.
  • Advising a team of environmental, economics and oil spill experts (on behalf of the Government of the Republic of Mauritius|) to assess and quantify damages resulting from the devastating M/V WAKASHIO grounding and bunker oil spill into Mauritian waters.
  • Acting for Fujairah International Oil & Gas Corporation in a dispute that tests the US Government’s powers to seize over $100m-worth of property using sanctions powers (in connection with oil with alleged Iranian origin).

Seward & Kissel LLP

Seward & Kissel LLP, offering ‘deep knowledge of both the underlying transactions and best strategies for resolving commercial disputes that arise’, handles litigation, arbitration and investigations throughout the US and abroad, with the maritime litigation practice focusing on disputes arising from shipping business, financing transactions, shipping securities and governance, as well as vessel operations. ‘At the top of his game’, Bruce Paulsen is a specialist in shipping industry-related finance and securities-related disputes, along with traditional maritime disputes, lien claims and environmental issues. Paulsen co-chairs the litigation group alongside Russell Johnston, who was elevated to the role in September 2023. In another boost to the practice, Brian Maloney was promoted to partner in July 2023. Maloney specialises in litigating complex commercial disputes and managing regulatory investigations, and has a growing caseload in relation to shipping industry-related sanctions. The team further includes Laura Miller, promoted to counsel in January 2024, whose recent experience includes being part of the team representing ING Bank in lawsuits arising from the OW Bunker group’s global collapse. All advisers listed are based in the firm’s New York office.

Praxisleiter:

Bruce Paulsen; Russell Johnston


Weitere Kernanwälte:

Brian Maloney; Laura Miller


Referenzen

‘Excellent team.’

‘Very responsive at all hours and quick turnarounds.’

‘First-class team, with a very strong bench. Very responsive and very knowledgeable.’

Kernmandanten

Commodities & Minerals Enterprise Ltd.


Hanwin Shipping Limited


ING Bank N.V.


Sea Justice Ltd.


Blue Wall Shipping Ltd.


American Bureau of Shipping


Winston & Strawn LLP

Winston & Strawn LLP has a strong market reputation for its advice on complex maritime issues involving US government policy and law, as well as shipping-related  transactions, litigation, regulations, and enforcement issues. The full-service practice also routinely leverages the firm’s other litigation and regulatory practices, including attorneys from the appellate, Foreign Corrupt Practices Act, global trade, and labor and employment practices. The team additionally represents port authorities and marine terminal operators in disputes before the Federal Maritime Commission, including challenges to proposed rules, and the litigation of alleged unlawful preference and refusal to deal disputes. Chairing the firm’s maritime and admiralty practice, Charlie Papavizas, who represents shipowners, operators, managers, shipyards, energy companies, marine construction companies, and financial institutions, focuses on the administrative and legislative aspects of the maritime industry. Bryant Gardner‘s practice ranges from maritime government contract disputes, US flag programs and The International Convention for the Prevention of Pollution from Ships (MARPOL), to Shipping Act and Federal Maritime Commission-related disputes and Jones Act compliance issues. All advisers listed are based in the Washington DC office unless otherwise stated.

Praxisleiter:

Charlie Papavizas


Weitere Kernanwälte:

Bryant Gardner


Referenzen

‘Charlie Papavizas is the leading expert on Jones Act issues. He is able to respond quickly to specific questions.’

‘This area of the law has some very detailed hyper-specialty areas where Charlie Papavizas of Winston & Strawn is the hands-down expert. He not only knows the details of the law, but also has outstanding strategic insights.’

Kernmandanten

American Cruise Lines, Inc.


American Petroleum Institute


CMA CGM Group


Government of U.S. Virgin Islands


Liberty Maritime Corporation


Neptune Lines Shipping and Managing Enterprises, S.A.


Oaktree Capital Management, L.P.


Van Oord Offshore Wind BV


Highlight-Mandate


  • Representing American Cruise Lines in the regulatory parameters applicable to the chartering of a US flag cruise vessel to a foreign company, including ongoing litigation.
  • Representing the Government of the US Virgin Islands in connection with work to dredge a harbor.
  • Representing Prysmian Cables and Systems USA in connection with its installation of submarine electrical cables for US offshore wind energy projects.

Liskow

Liskow‘s maritime practice group is well known for its representation of oil and gas company clients in large offshore incidents. The practice also covers inland and ocean carriers, as well as the full range of maritime litigation across the US. Among the firm’s several active practitioners, salvage and wreck removal lawyer David Reisman ‘gives sound advice and excellent client care’; Keith Jarrett acts for oil majors in large maritime cases in the Gulf of Mexico; and Raymond Waid‘s recent experience includes being first chair trial counsel in maritime litigation in New York, Maine, Maryland, Florida, Texas, Washington, Louisiana, and Panama. Michael Golemi in Houston is an expert in mass barge breakaway cases; Thomas Diaz is a go-to maritime lawyer for the oil and gas industry; and Jill Willhoft represents family-owned vessel operators in south Louisiana. All attorneys listed are in New Orleans unless otherwise stated.

Praxisleiter:

David Reisman; Michael Golemi; Raymond Waid


Referenzen

‘There is always coverage within the team day or night, and no matter the time zone.’

‘Clients appreciate that when they have a question, there is always someone to respond. ’

‘David Reisman and Raymond Waid are the standout lawyers at the firm, although supported by a knowledgeable and capable team.’

Kernmandanten

BP


Shell


Ingram Barge Company


T&T Salvage


BHP Billiton Petroleum Deepwater, Inc.


Semco, LLC


Kinder Morgan


Todd Shipyard


Foss Maritime Company, LLC


Schlumberger


McGuireWoods LLP

McGuireWoods LLP‘s ‘consistently available’ transportation, shipping, maritime and regulatory team acts for terminal operators, transportation authorities, beneficial cargo owners, commodity traders, carriers, financial institutions, and vessel owners and charterers on a vast array of shipping matters. The team consistently advises on regulatory compliance with the Jones Act, as well as shipping-related international trade issues (including the shipping regulations that determine how shippers and carriers can interact). Its practice also encompasses assistance to retailers with licensing and regulatory issues, in relation to Ocean Transportation Intermediaries-related matters; and it assists beneficial cargo owners with new enforcement remedies, which are available through the Federal Maritime Commission and the Ocean Shipping Reform Act. Heading up the team, Norfolk-based John Padgett is experienced in representing tug boat companies, freight forwarders, freight consolidators, and shipping and trucking companies; and Bryan Brantley in Pittsburgh is an experienced transportation-related litigator. In September 2023, Jeanne Noonan left the firm.

Praxisleiter:

Bryan Brantley; John Padgett


Referenzen

The MG team is consistently available and quick to respond to requests from client organizations.

Their diversification of skills is a great asset to clients.

Kernmandanten

Continental Tire


Dominion Energy, Inc.


Highlight-Mandate


  • Represented Dominion Energy in contracts to construct a 2.6-gigawatt coastal Virginia offshore wind commercial project.
  • Advising Continental Tire, as primary outside counsel, on customs regulations that govern the international supply chain for goods imported into the US.

Thompson Hine LLP

Thompson Hine LLP is consistently mandated to represent shippers and intermediaries in policy and rulemaking matters concerning the Shipping Act of 1984 (as amended by the Ocean Shipping Reform Act). The team additionally advises on Federal Maritime Commission regulations, in relation to containerized cargo’s ocean transportation services. The group is also well known for acting for the National Industrial Transportation League, which represents shippers’ interests in freight transportation matters; and the practice regularly applies its regulatory expertise to the drafting and reviewing of international service contracts, charter agreements, ocean bills of lading, and towage contracts. Heading up the department, Karyn Booth is a specialist in multimodal transportation and logistics services; and Jason Tutrone‘s practice covers transportation regulatory compliance and protections for shippers, along with logistics-related litigation. Also key to the practice, Columbus-based Dan Ujczo is an expert in ocean and barge transportation. All attorneys are in Washington DC unless otherwise mentioned.

Praxisleiter:

Karyn Booth


Weitere Kernanwälte:

Jason Tutrone; Dan Ujczo


Kernmandanten

Coalition for Fair Port Practices, The


Costco Wholesale Corporation


Goodyear Tire and Rubber Company, The


Institute of Scrap Recycling Industries, Inc.


National Association of Chemicals Distributors


National Industrial Transportation League, The


National Retail Federation


Highlight-Mandate


  • Advising National Industrial Transportation League on the implementation of OSRA 2022 by the US Federal Maritime Commission.
  • Assisted NITL with preparing comments in response to FMC Docket No. 2022-0066-0090—Demurrage and Detention Billing Requirements.
  • Representing NITL in various ocean shipping supply chain legislative matters before the US Congress, including the Ocean Shipping Enforcement Act, the Ocean Shipping Reform Implementation Act, H.R. 1836, and the Ocean Containers Rail Storage Charges Fairness Act.

Wilson Elser Moskowitz Edelman & Dicker LLP

Wilson Elser Moskowitz Edelman & Dicker LLP fields a defense-side litigation practice that consistently appears before local, state and federal courts. The maritime practice group is mandated by several international group P&I clubs, for matters relating to vessel owner members, particularly 24/7 casualty responses. Antonio Rodriguez is an expert in collision and other shipping and pollution casualties; and Jake Rodriguez‘s practice covers the Jones Act and Shipowners’ Limitation of Liability Act, along with maritime product liability, marine insurance, and salvage and cargo issues. The team also showcases Mike Harowski, who ‘brings a wealth of experience’; San Francisco, Los Angeles and San Diego-based Otis Felder, an adviser to London Market insurers on coverage disputes; civil litigator Kent Adams, who splits his time between Houston and New Orleans; and Houston-based civil and maritime litigation expert John Bridger. All named practitioners are based in New Orleans unless otherwise mentioned.

Praxisleiter:

Antonio Rodriguez


Referenzen

‘Super specialized with easy communications and a down-to-earth attitude.’

‘Advice is clear and to the point. Highly recommended!’

‘An excellent firm with excellent attorneys in this area. Wilson Elser is very understanding of clients’ needs and concerns, and works diligently to ensure they are satisfied with the results.’

Kernmandanten

Royal Boskalis Westminster N.V.


Carnival Corporation & plc


North P&I Club


Steamship Mutual P&I


Norwegian Cruise Line


Donjon Marine


Britannia P&I


Moran Towing Corporation


Thomas Miller (Americas) Inc.


BP America, Inc.


Ozinga Brothers, Inc.


Canopius Managing Agent


Intact Insurance


Celtic Marine


Jumbo Shipping


Martin Bencher USA, LLC


Global Shipping Services LLC


Hess Corporation


Dometic Corporation


Nationwide


Giti Tire


Marfin Management s.a.m


Ingram Barge Company


Skuld P&I Club


Highlight-Mandate


  • Acted for NorthStandard P&I Club (North) in a large-value recovery action for damages sustained to a vessel, as well as oil spill response costs incurred by owners (resulting from the vessel’s hull being punctured by a hidden, hazardous condition.
  • Representing Hess Corporation in response to a toxic tort suit asserted by a former Jones Act seaman employee, who claims to have been exposed to asbestos, benzene, and other substances while working on liquid product barges.
  • Representing a major cruise line in relation to a 2023 action, brought by a third party contractor for injuries allegedly sustained while the vessel was afloat in the Port of Lihue, Hawaii.