Mainbrace: June 2018 (No. 2)

To read the full text of the articles in the June 2018 edition of Mainbrace, please download the PDF.


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

Looking back through past issues of Mainbrace, the articles published over time clearly reflect the ebb and flow of “hot” topics in the maritime industry. Read More »

What #MeToo Means for the Maritime World By Susan L. Bickley, Emery G. Richards, and Jeanne M. Grasso

The #MeToo movement has shone new attention on issues for employers in the maritime industry seeking to ensure that seafarers and shore-based personnel can participate in a work environment free of sexual harassment and assault, both shipboard and shoreside. Read More »

Stronger Winds Blowing Off the Atlantic Coast
By Joan M. Bondareff and Jonathan K. Waldron

We are seeing strong signs of a burgeoning offshore wind industry off the Atlantic Seaboard. While modest, the first offshore wind project, Deepwater Wind, is fully operational in Rhode Island state waters, bringing low-cost renewable energy to the residents of Block Island. Read More »

Has the Ground Shifted under the Law Concerning When a Party Is “Found within the District” for Purposes of Rule B?
By Thomas H. Belknap, Jr., and Noe S. Hamra

It has long been the law in the Second Circuit that when a foreign party registers with the New York Department of State to conduct business in New York and designates an agent within the district upon whom process may be served, it will be “found within the district” for purposes of Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure. Read More »

Advanced Automation in Shipping Takes Center Stage at IMO
By Sean T. Pribyl

Advanced automation in the international maritime industry has officially arrived on the international stage, as the International Maritime Organization’s (“IMO”) Maritime Safety Committee (“MSC”) 99th session furthered the discussion on Maritime Autonomous Surface Ships (“MASS”). Read More »

Significant Opportunity to Provide Comments Concerning Maritime Regulatory Reform
by Jonathan K. Waldron, Matthew J. Thomas, and Emma C. Jones

On May 18, 2018, the Office of Information and Regulatory Affairs (“OIRA”), within the Office of Management and Budget (“OMB”), published a Request for Information (“RFI”) seeking public input as to how the federal government may best reduce burdens in the maritime sector. Comments are due on July 16, 2018. Read More »

Oi Brasil and Competing Foreign Main Proceedings: Creditors Can’t “Weaponize” Chapter 15
By Michael B. Schaedle and Rick Antonoff

According to the Manhattan Bankruptcy Court’s thoughtful and well-written December 4, 2017, decision in In re Oi Brasil Cooperatief U.A., a bondholder, Aurelius Capital Management (“Aurelius”) forced the straight Dutch liquidation of Oi Brasil Cooperatief (“Coop”) in order to revoke the prior recognition as a foreign main proceeding in the Manhattan Bankruptcy Court of a broader Brazilian reorganization of Coop and its operating affiliates, the Oi Group, a Brazilian telecommunications consortium. Read More »

The Ocean Is Awash with Plastic: How Can the Maritime Industry Help?
By Joan M. Bondareff and Jeanne M. Grasso

The eight-part series, Blue Planet II, narrated by Sir David Attenborough last year on BBC, seems to have awoken the public’s attention to the crisis of our oceans being littered with vast amounts of plastic, fishing gear, and other types of marine debris. As a result, cities, states, and nations around the world, as well as major cruise lines, are proactively looking at ways to reduce plastic to keep it from entering the sea. Read More »

The Future of the “Safe Port” Warranty: Smooth Sailing or Murkier Waters?
By Emma C. Jones

In an age when cybersecurity breaches regularly make headlines, and auto­nomous vessels are appearing on the not-so-distant horizon, it’s important to consider how age-old contracts like maritime charter parties will fare in the face of rapidly changing technology and the security risks that come with it. Read More »

Gulf Coast Update: The Fifth Circuit Establishes a New “Maritime Contract” Test
By David G. Meyer

Whether a particular contract is ­“maritime” is a legal question that can often arise in disputes subject to potential adjudication in the U.S. court system. There can be several reasons for this. One reason concerns determining whether a civil action can be heard in federal court versus state court. Read More »


Blank Rome Maritime Launches Safe Passage Blog

We welcome our readers to dive into our archives 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 just-launched Safe Passage blog. Read More »

Jeffrey Moller Elected to the Maritime Law Association’s
Board of Directors

Blank Rome Partner Jeffrey S. Moller has been elected to the board of directors of the Maritime Law Association of the United States (“MLA”) for a three-year term. A member since 1988, Jeffrey has also served as chairman of MLA’s Committee on Regulation of Vessel Operations. Read More »

Blank Rome Maritime Highly Ranked in The Legal 500
United States 2018

Blank Rome’s maritime practice and attorneys were highly ranked and recommended in The Legal 500 United States 2018, receiving recognition as both a top-tier and recommended firm as well as “leading” and “next generation” attorney accolades. Read More »

Chambers USA 2018 Honors Blank Rome Maritime Attorneys and Practices

Blank Rome’s maritime practice and attorneys were highly ranked in Chambers USA 2018 in the areas of shipping litigation, regulatory compliance, and finance. Read More »