To read the full text of the articles in the January 2013 edition of Mainbrace, please download the attached PDF.
Chapter 15: An Update
by Jeremy J.O. Harwood
Chapter 15 of the Bankruptcy Code, the U.S. enacted equivalent of the UNCITRAL Model Law On Cross-Border Insolvencies, has received a fair amount of use by distressed shipping companies since it was enacted in 2005. In 2007, we wrote in these pages that Chapter 15 might provide a welcome U.S. safe harbor. (View PDF to read the rest of this article)
Jones Act Uncertainty Looms Offshore in 2013
by Jeanne M. Grasso and Jonathan K. Waldron
All was relatively tranquil offshore in 2011–2012 with respect to Jones Act issues. Activities offshore had heated up in 2009–2010 as a result of the controversy arising from the U.S. Customs and Border Protection's ("CBP") proposed modification and revocation of numerous Jones Act rulings pertaining to offshore operations. (View PDF to read the rest of this article)
An Update on the Collection of Evidence in the United States for Use in Foreign Private Arbitrations
by W. Cameron Beard
It frequently occurs that critical evidence, needed for the resolution of a dispute abroad, is located in the United States. A key witness may reside in the U.S., or important financial or other documentary evidence may be found only in this country. As we have discussed in previous articles, section 1782 of Title 28 of the United States Code ("section 1782") offers a powerful tool for the collection of evidence in the U.S. for use in foreign legal proceedings. (View PDF to read the rest of this article)
Electronic Navigation and Litigation: The View from the Bench, the Counsel Table, and the Jury Box
by Alan M. Weigel
Electronic navigation systems such as GPS, Electronic Chart Displays ("ECDIS"), and Automatic Information Systems ("AIS") record a wealth of data about a vessel's movements and status in the moments before an accident. Indeed, the Voyage Data Recorder ("VDR") was specifically designed to collect data from various on board sensors for use in accident investigations. As a result of this capability, electronic navigation data is now frequently presented as evidence in the litigation that often follows maritime accidents. (View PDF to read the rest of this article)
Note from the Editor: Visiting Foreign Attorneys
by Thomas H. Belknap, Jr.
Dating back to long before my time, it has been a tradition in our maritime group to periodically invite young foreign attorneys to spend 3-6 month internships with us. Over the years we have had interns from all over the globe, including (just off the top of my head) China, Denmark, France, Germany, Greece, Italy, Japan, Korea, Norway, Sweden, Switzerland, the U.K., and on and on. (View PDF to read the rest of this article)
On Secondment in New York
by Markus Nilssen
Practicing law in a big Manhattan law firm has always been something of a dream on the horizon for me. So when the opportunity emerged to go on secondment to Blank Rome's New York office for six months, I needed no persuasion to pack my bags and head overseas to the Big Apple. I had only been to New York once before, and it had left me wanting to explore the city in greater detail. (View PDF to read the rest of this article)
My Referendariat at Blank Rome
by Oliver Behrendt
First of all, I would like to address my sincere gratitude to the entire staff of Blank Rome's New York office for giving me such a warm welcome. I will never forget the time I spent in New York! Everything started for me on a Thursday, with my luggage for three months hanging from my shoulders after a delayed flight. After staying awake for half of the night due to jet lag, I finally got to meet my new colleagues for the next few months. (View PDF to read the rest of this article)
U.S. News & World Report and Best Lawyers Ranks Blank Rome's Maritime Practice as "Law Firm of the Year"
Blank Rome LLP is pleased to announce that it has received the "Law Firm of the Year" designation in Admiralty & Maritime Law in the 2013 "Best Law Firms" ranking from U.S. News & World Report and Best Lawyers. Blank Rome's Family Law practice also received this top recognition, and numerous Blank Rome practices were also recognized on both the national and regional level. (View PDF to read the rest of this article)
William R. Bennett III Joins Blank Rome's International & Maritime Litigation and ADR Group
William ("Bill") R. Bennett III has joined Blank Rome's New York office as of counsel in the international & maritime litigation and alternative dispute resolution group. Mr. Bennett has extensive experience litigating and arbitrating all types of marine and shore-based disputes throughout the United States involving personal injury, wrongful death, contract disputes, charter party disputes, insurance coverage issues, groundings, collisions, sinkings, strandings, salvage, and fire and cargo disputes. (View PDF to read the rest of this article)
Notice: The purpose of this newsletter is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. The Advisory should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.