Mainbrace: March 2018 (No. 1)

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


A Note from the Chair
By John D. Kimball

As CMA Shipping 2018 convenes, we are more than a year into the Trump administration and it is fair to say that the U.S. regulatory framework for the shipping industry has seen some changes. Read More »

Ballast Water Management: The Conundrum Continues
By Jeanne M. Grasso and Sean T. Pribyl

It has been about 15 months since the U.S. Coast Guard (“USCG”) type-approved the first three ballast water management systems (“BWMSs”) in December 2016; three more BWMSs have been type approved since. Yet, ballast water management remains one of the most challenging and frustrating regulatory issues of the past decade because of inconsistencies in the international and domestic regimes. Read More »

After Flurry of Hurricane Waivers, Calls for Coastwise Changes Recede
By Matthew J. Thomas, Jonathan K. Waldron, and Jeanne M. Grasso

In September 2017, in response to Hurricanes Harvey, Irma, and Maria, the Department of Homeland Security (“DHS”) issued a series of widely publicized waivers allowing carriage of cargo by non-coastwise qualified vessels in the Gulf region and to and from Puerto Rico. Public interest in the Jones Act spiked in mid-September, and some members of Congress introduced legislation for longer-term relief, particularly for Puerto Rico. Read More »

Maritime Cybersecurity: Business E-Mail Compromise, a Cautionary Tale
By Kate B. Belmont

Once upon a time, a shipping company in a land far, far away fell victim to a sophisticated, yet common, e-mail scam that resulted in the loss of more than a million dollars. Due to a slight manipulation to a legitimate e-mail address, in the stroke of a key this company transferred millions of dollars into the account of a cyber-criminal. Read More »

Three Technological Developments for the Maritime Industry to Watch in 2018
By Sean T. Pribyl

Emerging technologies continue to permeate various sectors of the maritime industry. As with the advent of steam power, electrical energy, and computerized automation in prior industrial revolutions, the maritime industry is experiencing advances in cyber-physical systems and digitalization in this “fourth industrial revolution.” Read More »

A Bump in the Road for the Collection of Evidence for Use in Foreign Legal Proceedings
by Cameron Beard and Lauren B. Wilgus

As discussed in prior issues of Mainbrace, parties to foreign legal proceedings can collect evidence in the United States for use abroad by invoking a U.S. statute, 28 U.S.C. § 1782 (“section 1782”). Section 1782 is a powerful tool, and allows either foreign courts or foreign litigants to seek orders directly from U.S. federal district courts for the taking of testimony or the disclosure of documents in this country. Read More »

Trump and the Maritime Industry: A Look Back and Forward
By Joan M. Bondareff and Stefanos Roulakis

We have completed one year with the Trump administration, so it is therefore a good time to assess whether he has made any drastic changes in his administration’s approach to the maritime industry. In short, there have not been any major changes. But as with almost everything involving the federal government, minor changes can have great effects. Read More »

Environmental Compliance Aboard Commercial Ships: Electronic Recordkeeping Is Overdue
By Gregory F. Linsin and Kierstan L. Carlson

Environmental laws and regulations in the United States impose substantial recordkeeping and reporting obligations on regulated industries. These requirements are designed to document a company’s compliance with the requirements and limitations established by the regulatory scheme as well as any applicable environmental permits. Read More »

NY Bankruptcy Courts Grapple with Territorial Limits of U.S. Bankruptcy Code
By Rick Antonoff, Michael B. Schaedle, Bryan J. Hall, and Matthew E. Kaslow

In a pair of recent opinions from the U.S. Bankruptcy Court for the Southern District of New York, two judges took varying approaches to the issues of 1) their ability to assert personal jurisdiction over foreign defendants, and 2) application of U.S. laws to transactions that occur, at least in part, outside of the United States. Read More »


Blank Rome Maritime Attorney Spotlights

Blank Rome LLP is pleased to announce that Partner Jonathan K. Waldron was recognized as a Law360 2017 Transportation MVP; and Blank Rome Partner Keith B. Letourneau was appointed to serve as co-chair of the Firm’s Maritime & International Trade practice group, effective January 1, 2018. Read More »

Blank Rome Proudly Sponsors WISTA USA 2018 Annual General Meeting, Conference, and 20th Anniversary Gala

Blank Rome LLP is pleased to announce that the Firm is a sponsor of the WISTA USA 2018 Annual General Meeting, Conference, and 20th Anniversary Gala, taking place April 26–27, 2018, at the Parker New York hotel in New York City. “The Women Who Move The World” is the theme of this year’s conference, which will recognize the significant contributions of women in the maritime industry. Read More »

Chambers Global 2018 Highly Ranks Blank Rome Shipping Litigation Practice and Attorneys

Chambers Global 2018 recognized both Blank Rome LLP and John D. Kimball, Partner and Co-Chair of the Firm’s Maritime & International Trade practice group, as leaders in Shipping: Litigation—Global-wide. Read More »

Blank Rome Maritime Practice Ranked in U.S. News & World Report—Best Lawyers® 2018 “Best Law Firms”

Blank Rome LLP is pleased to announce that the Firm’s maritime practice was highly ranked both nationally and regionally in the U.S. News & World Report—Best Lawyers® 2018 “Best Law Firms” survey. Read More »

Diversity & Inclusion News

Blank Rome recently launched its inaugural diversity & inclusion newsletter, Perspectives, and was named a “Best Place to Work for LGBTQ Equality” by the Human Rights Campaign in the 2018 Corporate Equality Index. Read More »

© 2018 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.