MAINBRACE: April 2019

To read the full text of the articles in the April 2019 edition of Mainbrace, please download the PDF.


Note from the Editor
by Thomas H. Belknap, Jr.

We have a great new spring issue of Mainbrace for your reference and enjoyment. As always, we cover a lot of ground in this edition, and I think the range of timely topics aptly mirrors the breadth of Blank Rome’s Maritime practice. Read More »

Heads or Tails? Making Sense of Crypto-Tokens Issued by Emerging Blockchain Companies
by Jeremy A. Herschaft and Michelle Ann Gitlitz

Over the past 18 months, members of the international maritime community have expressed a keen interest in exploring how 21st century blockchain technology can modernize the ancient world of seaborne commerce. Blockchain has in turn spawned many novel business ideas from various start-up companies throughout the marine industry. Read More »

The Vision Is Clearer—Offshore Wind Farms Are Appearing on the U.S. Horizon
by Joan M. Bondareff

The United States is on the precipice of developing a robust offshore wind industry. This article reviews recent developments on the federal and state level that have made it so. Read More »

The Maritime Industry: The DOJ FCPA Unit’s Next Port of Call
by Carlos F. Ortiz, Mayling C. Blanco, and Alexandra Clark

The maritime industry, by its nature, involves the movement of goods and vessels across international borders, and requires routine interaction with government officials. Historically, many in the industry viewed bribery of these officials in many parts of the world as a “cost of doing business.” Read More »

Ballast Water Management—Latest Developments
by Jeanne M. Grasso

Much has changed over the past year regarding compliance with the U.S. Coast Guard’s (“USCG”) ballast water management requirements, and the horizon has gotten a bit clearer. There are now 16 ballast water management systems with USCG type-approval and 10 more in the pipeline. Read More »

The Maritime Outlook for the 116th Congress
by Joan M. Bondareff and Genevieve Cowan

When we last wrote about the 115th Congress, it had just completed work on the Coast Guard Authorization Act of 2019 and Save Our Seas legislation. These bills were summarized in our Mainbrace (October 2018) article, Congress Passes Major Maritime Safety Legislation but Fails to Fund a New Icebreaker or Pass Authorization for Most Coast Guard Programs. Of notable significance since our last article, the 2019 spending deal finally provided funding for a new polar icebreaker. Read More »

Surviving the VIDA Loca
by Jeanne M. Grasso

On December 4, 2018, the Frank LoBiondo Coast Guard Authorization Act of 2018 (the “Act”) was signed into law. Title IX of the Act is the Vessel Incidental Discharge Act of 2018 (“VIDA”). VIDA establishes a new framework for the regulation of discharges incidental to the normal operation of vessels, adding a new Section 312(p) to the Clean Water Act, Uniform National Standards for Discharges Incidental to Normal Operation of Vessels. Read More »

MARPOL Compliance Alert: D.C. Court of Appeals Shuts the Door on APPS Relief
by Gregory F. Linsin and Dana S. Merkel

Achieving sustained compliance with the requirements of Annex I of the International Convention for the Prevention of Pollution from Ships has been a challenge for the commercial maritime industry. In far too many situations, the detection of noncompliant activity by the U.S. Coast Guard has resulted in criminal prosecutions with devastating consequences for the vessel operator, owner, and crew, and the risks for the maritime industry are only increasing as the deadlines for Annex V compliance loom. Read More »

Court-to-Court Communication and Letters of Request in Cross-Border Litigation and Asset Tracing
by Rick Antonoff and Evan J. Zucker

An increasingly global economy and the ease with which money and other property is transferred across national borders has led to more cross-border litigation and a call for greater cooperation and communication between foreign courts. But the ability for courts to communicate across borders has its limits. Read More »


Recent Blank Rome Maritime Rankings

Blank Rome’s Maritime practice and attorneys were highly ranked and recognized in Chambers Global USA 2019, U.S. News & World Report – Best Lawyers 2019, and Who’s Who Legal 2018. Read More »

Recent Maritime Elevations, Appointments, and Additions

Blank Rome’s Maritime practice is pleased to announce the following elevations, appointments, and additions, further bolstering and enhancing our maritime group’s leading capabilities and experience. Read More »

Noteworthy Maritime Publications

Blank Rome’s Maritime attorneys recently published leading books, essays, and chapters on maritime arbitration and ports & terminals in the United States. Read More »

Perspectives: Celebrating Diversity and Inclusion in Practice (March 2019)

Welcome to the March 2019 edition of Perspectives, Blank Rome’s diversity and inclusion newsletter that keeps you informed on our latest diversity news and provides insight on current diversity issues in the legal industry and beyond. Read More »

Blank Rome Maritime Safe Passage Blog We invite our readers to dive into our archive of Mainbrace newsletters and maritime development advisories, as well as keep abeam with all of our current and upcoming analyses on trending maritime topics and legislation, in our Safe Passage blog. Read More »

© 2019 Blank Rome LLP. All rights reserved. Please contact Blank Rome for permission to reprint. Notice: The purpose of this update 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. This update should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.