Broadcast Date: Tuesday, November 17, 2020
from 3:00 pm to 4:00 pm (ET)
Overview:
For the past years, the admiralty and maritime claim litigation have undergone several significant changes. Key factors that drive these developments include the increasing claims involving problems from the industry’s constantly changing regulatory landscape. Additionally, crucial problems such as issues on the law of overseas seizures, distinction conflicts on the British-American rule of maritime law, and the evolving impact of Jones Act in the US Maritime industry compel immediate resolutions. This is even more important now as governments impose intensified policy measures in response to the COVID-19 crisis implications on the maritime industry.
In this LIVE Webcast, seasoned maritime law attorneys Roger Rosendahl (FisherBroyles, LLP) and Robert O’Connor (Montgomery McCracken Walker & Rhoads LLP) will provide the audience with a comprehensive discussion of admiralty and maritime claims and litigation. They will analyze different aspects of maritime law from its historical origins to the latest trends, crucial issues, and litigation challenges arising during the pandemic. Speakers will also offer effective litigation practices and help practitioners maximize the potentials of Maritime Attachment (Rule B) and the Vessel Arrest (Rule C) to increase the chance of winning a maritime claims litigation amid the changing legal landscape.
Some of the major topics that will be covered in this course are:
- Overview of the Admiralty and Maritime Claims and Litigation
- Latest Trends, Developments, and Updates
- Law of Overseas Seizures
- The British – American Rule
- The Jones Act
- Notable Court Rulings
- The Implication of COVID-19 Crisis on Maritime Industry
- Common Risks and Challenges
- Practical Litigation Tips and Strategies
- Maritime Attachment (Rule B)
- Vessel Arrest (Rule C)
- Outlook
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
General knowledge of admiralty and maritime laws
Course Code:
149128
NY Category of CLE Credit:
Areas of Professional Practice
Total Credit:
1.0 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Roger Rosendahl , Partner
FisherBroyles, LLP
ROGER ROSENDAHL is a seasoned maritime law practitioner with over thirty years of experience in multiple aspects of ship finance, ship seizure and foreclosure actions, ship construction and financing, large shipping company bankruptcy and reorganization, fisheries, including tuna fisheries, international transactions and litigation, international project finance, and maritime litigation.
Mr. Rosendahl is a member of both the New York and California bars and a veteran of major Wall Street law firms. He has been recognized among both “Top Lawyers in Manhattan” (New York Times) and “Top Lawyers in California (American Media).
Mr. Rosendahl received his undergraduate education at the University of Southern California and Cambridge University, England, and his legal education at the Georgetown University Law Center and the Johan Wolfgang Goethe University of Frankfurt, Germany.
Robert E. O'Connor , Partner
Montgomery McCracken Walker & Rhoads LLP
Robert “Bobby” O’Connor is the Managing Partner of Montgomery McCracken’s New York office. He is a general commercial litigator and a partner of the firm’s Maritime and Transportation practice group. He represents insurers, owners and operators of vessels, and commodity traders, among many others. Robert also has experience arbitrating charter party disputes, litigating the arrests and attachments of vessels and other property, defending environmental pollution claims, conducting onboard investigations, drafting documents for the sale and purchase of vessels, and advising shippers and carriers about customs regulations. His legal practice takes him not only around the US, including an appearance in the US Supreme Court, but also to many foreign countries, where he discovers evidence and offers expert legal opinions.
Agenda:
- What about the history and origins of maritime law make it different?
- "In rem" jurisdiction
- Purpose of maritime liens in promoting shipping
- Ship and ship construction financing
- Ship Mortgage Act of 1920
- What maritime liens trump ship mortgages? Why?
- Cases on what is a vessel, maritime lien, seaman, and COVID Cases.
- Seizing vessels overseas
- How the law of overseas seizures has remain relatively consistent
- What laws apply?
- The British - American rule of maritime law
- British - American law distinctions
- What is the Jones Act?
- Issues in foreign flagging.
- Coastwise versus foreign registry ownership restrictions
- How has it affected the US maritime industry?
- What happened to ship construction in the United States?
- The Jones Act controversy
SEGMENT 2:
Montgomery McCracken Walker & Rhoads LLP
- Maritime Attachment (Rule B)
- Why the rule exists (transient nature of maritime business);
- What the rule accomplishes (prejudgment security);
- What the rule says;
- What are the prerequisites (e.g., underlying in personam maritime claim, defendant not found within the district, etc.);
- What property can be attached (e.g., vessels, bunkers, bank accounts, and debts--but not EFTs);
- How the procedure works (e.g., verified complaint and supporting declaration, service of process on garnishees, emergency hearings, etc.);
- What are the risks (countersecurity).
- Vessel Arrest (Rule C)
- Why the rule exists (transient nature of maritime business);
- What the rule accomplishes (in rem jurisdiction);
- What the rule says;
- What are the prerequisites (e.g., a maritime lien);
- What is a maritime lien and what is the order of priority;
- How the procedure works (e.g., verified complaint and supporting declaration, service of the warrant, emergency hearings, etc.);
- How vessels are secured for release (e.g. LOU’s); and
- What are the risks (wrongful arrest).
Date & Time:
Tuesday, November 17, 2020
3:00 pm to 4:00 pm (ET)
Who Should Attend:
- Admiralty and Maritime Attorneys
- Dispute Resolution Attorneys
- In-House Counsel
- Claims Personnel
- Top-Level Executives
SPEAKERS
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