Mainbrace: October 2017 (No. 4)


To read the full text of the articles in the October 2017 edition of Mainbrace, please download the PDF.

Note from the Maritime Industry Team
by Richard V. Singleton II

Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington, D.C., maritime attorneys have been occupied with numerous regulatory, Jones Act, and white collar criminal matters. They also continue to devote substantial time working with our Blank Rome Government Relations partners trying to discern and advise our clients on the direction that the Trump administration will likely take with respect to maritime, environmental, and regulatory policy. (Read more)

Cyber Risk Management Guidelines for the Maritime Industry
by Kate B. Belmont and Jared Zola

The summer of 2017 has been noteworthy for developments in maritime cybersecurity and cyber risk management. Major global cyber attacks from the WannaCry attack to the NotPetya attack, including mass GPS spoofing attacks in the Black Sea, have significantly affected the maritime industry, leaving no doubt of the importance of cybersecurity and cyber risk management. (Read more)

Recent Hurricanes Wreak Havoc, Produce Bipartisan Congressional Support and Trump Jones Act Waivers
by C.J. Zane, Alan Rubin, and Joan M. Bondareff

As we are putting this issue of Mainbrace to bed, our thoughts are with the residents of Puerto Rico, Texas, and Florida who are still recovering from the rarest of U.S. tragedies—three major hurricanes to directly hit U.S. land within a month. These disasters brought unique opportunities for neighbors to help one another and for bipartisanship in Congress, including a new deal with President Trump. (Read more)

Regulatory Stalemate in the Trump Era
by Sean T. Pribyl, Jonathan K. Waldron, and Joan M. Bondareff

In the lead up to the general election, then-candidate Donald Trump often repeated campaign promises to massively cut federal regulations that he viewed as stifling to business growth and killing jobs. True to his word, in his first 200 days of office, President Trump has generally delivered on his promise to stymie new federal regulations, including those impacting the maritime industry. (Read more)

Enforcement in the United States of Foreign Judgments that Incorporate Monetary “Penalty” Provisions
by W. Cameron Beard

While the United States is a party to an international convention on the enforcement of foreign arbitral awards, it is not a party to any similar instrument regarding the enforcement of foreign court judgments. Nevertheless, foreign court judgments providing civil as opposed to criminal relief can be enforced in the United States, generally pursuant to the laws of individual states where judgment enforcement is sought. (Read more)

FCPA under the New Administration
by Mayling C. Blanco, Carlos F. Ortiz, Shawn M. Wright, and Ariel S. Glasner

The single most frequently asked question by our international clients over the past several months is whether there will be changes in white collar prosecution priorities under the new administration, specifically with respect to the Foreign Corrupt Practices Act (“FCPA”). The FCPA, which criminalizes the payment of bribes to foreign officials around the world, has been subject to enforcement trends and scrutiny during its 40-year history. (Read more)

Fintech Alert: Marine Insurance Embraces Blockchain Technology
by Keith B. Letourneau and Lauren B. Wilgus

As we previously discussed in our March 2017 issue of Mainbrace, blockchain technology is continuing to proliferate throughout all aspects of industry, including shipping, with Hyundai Merchant Marine (“HMM”) recently completing its first pilot voyage from the South Korean port of Busan to the Chinese port of Qingdao employing blockchain technology. (Read more)

Kate Belmont Authors Chapter, “Maritime Cyber Security: The Unavoidable Wave of Change”

Blank Rome Associate Kate B. Belmont authored the chapter, “Maritime Cyber Security: The Unavoidable Wave of Change,” in Issues in Maritime Cyber Security, edited by Joseph DiRenzo III, Nicole K. Drumhiller, and Fred S. Roberts (2017, Westphalia Press, an imprint of the Policy Studies Organization). (Read more)

Blank Rome Announcements

Blank Rome Partner Jeremy Herschaft has been appointed as a vice president of the International Association of Young Lawyers Transport Law Commission for a three-year term. • Blank Rome was named one of the 2017 Best Law Firms for Women by Working Mother, marking the second year that the Firm has been recognized for its commitment to creating one of the best women-friendly workplaces in the United States. (Read more)

Blank Rome Launches New Blogs

Blank Rome Workplace offers insight and analysis on emerging employment issues and provides timely updates and advice to industry leaders.
Energy and Environmental Trends Watch provides insight and analysis on the latest developments and activism efforts in energy and environmental law to help readers navigate the ever-changing landscape. (Read more)

© 2017 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.