Biography
Dana Merkel focuses her practice on domestic and international marine transportation and environmental issues for clients worldwide. Clients include ship owners, operators, and managers; offshore construction companies; shippers, charterers; and terminals. Major areas of practice include:
- Compliance counseling under a myriad of international conventions and U.S. and foreign regulations
- Coastwise trade
- Offshore construction, oil & gas, and wind farm development
- Crew citizenship, including visa and entry issues
- Defense of administrative, civil, and criminal enforcement actions
- Internal investigations
- Pollution response
- Counseling on compliance and risk mitigation strategies
- Development of administrative and legislative solutions to maritime and environmental compliance challenges
- Vessel construction and flagging
- International trade and sanctions issues
Dana’s passion for the maritime industry began as a child growing up on Lake Superior, where she worked in marinas and on private yachts and small passenger vessels. She went on to graduate from the U.S. Merchant Marine Academy and worked through the International Organization of Masters, Mates, and Pilots (“MMP”) as a Third Mate and Qualified Member of the Engine Department (“QMED”) on a variety of vessel types, including container, dry bulk, tanker, ro-ro, ice breaker, and research vessels. Dana also worked ashore managing crude and product transportation for a major U.S. oil company.
Dana conducts customized training sessions for clients and assists in creating and implementing effective compliance programs. She also writes and presents on issues impacting the maritime industry frequently, such as:
- “The Regulatory Landscape: Immigration & Employment for OSW,” at IPF Virtual, April 2020
- “The Broad Reach and Limitations of U.S. Forfeiture Law,” in Pratt’s Energy Law Report
- “Status of U.S. Jones Act and Its Implications to the U.S. Offshore Wind Industry,” at the 2020 U.S. Offshore Wind Round Table Discussion
- “Advances in Electronic Recordkeeping,” in Maritime Reporter
- “Opportunities and Challenges with Maritime Autonomous Surface Ships (MASS),” in Maritime Reporter
- “Let’s Talk Vessels (Construction and O&M),” at the 2019 Sea to Land Conference
- “New U.S. Effort in Strait of Hormuz Echoes Past Clashes with Iran,” in USNI News
- “MARPOL Compliance Alert: D.C. Court of Appeals Shuts the Door on APPS Relief,” in Mainbrace
Experience
- Defense of vessel owners/operators after allegations of safety and environmental violations.
- Representation of the owner of the Kulluk in the Coast Guard and NTSB investigation of its evacuation and grounding in Alaska.
- Representation of the Captain of the El Faro in the Coast Guard and NTSB investigation of its sinking and loss of all 33 crew.
- Provide assistance in internal investigations, reports, and disclosures to government agencies.
- Conduct due diligence in preparation for company financing or purchase.
- Assistance in the successful removal of vessels and vessel owners from OFAC sanctions list.
News & Views
-
Article
Chevron Deference Tossed Overboard—What Does It Really Mean?
MAINBRACE: October 2024 -
Newsletter
MAINBRACE: October 2024
William R. Bennett III, Thomas H. Belknap Jr., Kierstan L. Carlson, Jeanne M. Grasso, Alan G. Kashdan, Keith B. Letourneau
-
Ranking
Blank Rome Attorneys Recognized in 2025 Best Lawyers in America®
Seth D. Lamden, Barry Abrams, Kevin J. Baum, Matthew A. Homyk, Regina Stango Kelbon, Christopher A. Lewis
-
Alert
USCG Requests Information on Ballast Water Management Procedures Under the Vessel General Permit and USCG Regulations
Maritime -
Ranking
Blank Rome Attorneys and Practices Highly Ranked in The Legal 500 United States 2024
Scott Arnold, Justin A. Chiarodo, Dominique L. Casimir, Elizabeth N. Jochum, Luke W. Meier, Robyn N. Burrows
-
Speaking Engagement
United States Coast Guard Safety Priorities: How U.S. Leadership in Maritime Will Secure America’s Future
NAMEPA 2024 Safety at Sea Seminar and AMVER Awards -
Speaking Engagement
How Do I Respond to Harassment and Sexual Harassment Claims? What Are the New Laws and Coast Guard Regulations and How Do They Impact My Company?
GNOBFA 40th River and Marine Industry Seminar -
Newsletter
MAINBRACE: March 2024
Thomas H. Belknap Jr., William R. Bennett III, Kierstan L. Carlson, Jeanne M. Grasso, Keith B. Letourneau, Gregory F. Linsin
-
Article
EPA Issues Supplemental Notice of Proposed Ruling to Implement the Vessel Incidental Discharge Act—Finally!
MAINBRACE: March 2024 -
Speaking Engagement
What’s Happening and What’s New in Offshore Wind
University of Texas Law School’s 32nd Annual David W. Robertson Admiralty and Maritime Law Conference
Recognitions
- 2023–2025, Ones to Watch, Transportation Law, listed in Best Lawyers in America©
- 2021–2024, listed in The Legal 500 United States
- 2021–2024, Rising Star: Transport: Shipping - Litigation and Regulation, listed in The Legal 500 United States
- 2020–2021, listed in Capital Pro Bono Honor Roll
Affiliations
Dana is engaged in a number of pro bono initiatives and is particularly involved in assisting with veterans’ claims and services.
Credentials
Admissions
- New Jersey
- District of Columbia
- New York
Education
- U.S. Merchant Marine Academy, BS
- Roger Williams University School of Law, JD