Day 1 - Monday, January 30, 2017

7:30
Main Conference Registration
8:25
Co-Chairs’ Welcome
8:30
Key Case Law Developments from 2016 and Recent Developments with respect to Personal Jurisdiction and Forum Non Conveniens
9:25
The Business of Shipping: In-House (Non-Insurer) Views on Selecting and Managing Outside Counsel, Cargo Liability and Service Contracts, the Latest on Panama Canal Expansion, and a Brief Examination of the Relationship between Maritime Law and Oil and Gas Business
10:40
Break
10:50
Recent Developments in the Cruise Ship industry: Litigation Challenges, Arbitration Issues and Strategies, Labor Issues, Environmental Compliance, and How Does a Cruise Ship Protect Itself from Claims Arising from Zika Virus and Other Unavoidable Natural Disasters?
11:55
Maritime Regulatory Issues: Latest on Sanctions, Implications of Verified Gross Mass Requirements, and Implementation of Subchapter M Tug Regulations
1:05
Networking Luncheon
2:05
Maritime Arbitration, Attachments, and Arrests
3:00
An Examination of the Interaction between Bankruptcy and Maritime Law and an Update and Implications for Assertion of Maritime Liens in the United States
3:55
Break
4:00
Marine Casualty Investigations: What Are the Breadth and Scope of the National Transportation Safety Board, Surface Transportation Board, and Coast Guards’ Marine Casualty Investigations?
5:10
Limitation of Liability and Salvage
6:10
Conference Adjourns to Day Two

Day 2 - Tuesday, January 31, 2017

7:30
Continental Breakfast
8:00
Views from the Bench
9:30
Break
9:40
P&I Club and Insurance Roundtable: Issues of Concern for the In-House Counsel Going Forward; Cybersecurity in Shipping; Impact of Consolidation and Interest in Diversification; The Latest Developments in Claims; New Coverage Nuances and Ensuring Necessary Coverages Are in Place; and Suggestions as to How Outside Counsel Can Get on a Pre-Approved Panel
11:00
Sharing Economy and Boats: What Has Been the Insurance Industry and Regulators’ Response so far and Is a Standard of Care Developing for This Industry?
12:00
Personal Injury Issues
1:00
Current State of Affairs with Punitive Damages and What Actions Will Support Claims for Punitive Damages?
2:00
Conference Ends

Day 1 - Monday, January 30, 2017

7:30
Main Conference Registration
8:25
Co-Chairs’ Welcome

Christopher Nolan

Holland & Knight LLP

Raymond T. Waid

Liskow & Lewis

8:30
Key Case Law Developments from 2016 and Recent Developments with respect to Personal Jurisdiction and Forum Non Conveniens

Professor David B. Sharpe
Adjunct Professor, Tulane University Law School
Shareholder, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard

Douglas W. Truxillo

Onebane Law Firm

Michelle Otero Valdés

Chalos & Co, P.C.

  • Recent 2nd, 5th, 9th, and 11th circuit court decisions of interest to maritime claims practitioners
    • El Faro
    • ATHOS I decision and its implications
    • MSC Flaminia
  • Post Letter of Undertaking arrest of vessel found not wrongful
  • Personal jurisdiction considerations and recent developments as to what it takes to establish jurisdiction of foreign companies in the US courts
  • Forum non conveniens and a brief examination as to whether or not it is better to have litigation in the US or in some other forum?
  • Use of Motion in Limine in maritime cases to exclude evidence of subsequent remedial measures

9:25
The Business of Shipping: In-House (Non-Insurer) Views on Selecting and Managing Outside Counsel, Cargo Liability and Service Contracts, the Latest on Panama Canal Expansion, and a Brief Examination of the Relationship between Maritime Law and Oil and Gas Business

Mike Vitt
Vice President & General Counsel
E.N. Bisso & Son, Inc.

Gavin R. Black
Corporate Counsel
Moran Shipping Agencies, Inc.

Paul J. Hehir
Associate Vice President of Litigation
Royal Caribbean International/Celebrity Cruises
Azamara Club Cruises

Stephen C. Irick, Jr.
Vice President and General Counsel
Seaboard Marine Ltd.

Dan Carr
Assistant General Counsel
Stolt-Nielsen USA Inc.

Moderator:

Raymond T. Waid

Liskow & Lewis

  • How do in-house counsel think about the process of selecting and managing outside counsel?
  • Cargo liability and service contracts
  • Regional trade with Central and South America and Caribbean in light of the Panama Canal expansion
    • Implications of more volume and bigger vessels going through the Panama Canal and increased trade coming to the US
  • Indemnity schemes and application of general maritime law in most offshore exploration and production deals
  • To what extent in-house counsel have to deal with the effect of bankruptcy laws on maritime practice?

10:40
Break
10:50
Recent Developments in the Cruise Ship industry: Litigation Challenges, Arbitration Issues and Strategies, Labor Issues, Environmental Compliance, and How Does a Cruise Ship Protect Itself from Claims Arising from Zika Virus and Other Unavoidable Natural Disasters?

David J. Horr

Horr Novak & Skipp, P.A.

Philip C. Brickman

Degan, Blanchard & Nash

Christine Walker

Fowler White Burnett, P.A.

Additional Speaker(s) to be announced
Check AmericanConference.com/Maritime for this and other exciting speakers being added

  • Recent developments
  • Recent challenges in litigation and how to overcome them
  • Arbitration issues and strategies
  • Labor issues cruise lines face from crewing
  • Environmental compliance
  • Legal implications of Zika virus from government as well as from public policy perspective

11:55
Maritime Regulatory Issues: Latest on Sanctions, Implications of Verified Gross Mass Requirements, and Implementation of Subchapter M Tug Regulations

Joseph G. Grasso

Wiggin and Dana LLP

Wook Chung
General Counsel
Hanjin Shipping America, LLC

Captain Shannon Gilreath
Chief, Office of Maritime and International Law
U.S. Coast Guard

Mike Vitt
Vice President & General Counsel
E.N. Bisso & Son, Inc.

  • Sanctions with Iran and Cuba
    • Update and pitfalls for US insurers regarding Iran
      • The way sanctions are currently worded makes US insurers feel as though it is illegal for them to write insurance on risk that may take place in Iran or on Iranian vessels – what implications thus far?
    • Can US effectively conduct business in Cuba?
      • Does Cuba have an infrastructure to be a major shipping port?
    • What about engaging in trade/trade services with Iran and Cuba
    • What restrictions do US businesses need to be aware of? What concerns should they have? Is there a risk of an arrest?
  • Verified gross mass – status and implications so far
    • Why is this regulation being put in place?
    • How is it to be handled in service contracts?
    • Who is to be made responsible for it?
    • Where to get the container weights certified? What does the certification entail and how exact of a measurement does it have to be? If the weight is not certified, is the container going to be rejected? If it is being rejected, how to allocate liability for delays?
  • Coast Guard’s final rule on Subchapter M towing vessel inspection regulations
    • What do the regulations mean?
    • How will these regulations affect operators and all others involved?
    • Starting the process of approving companies as TPOs
    • Third-party organizations that will do inspections on behalf of coast guard
      • Who can do what?
      • Conflicts of interest

1:05
Networking Luncheon
2:05
Maritime Arbitration, Attachments, and Arrests

Christopher Nolan

Holland & Knight LLP

Paul J. Hehir
Associate Vice President of Litigation
Royal Caribbean International/Celebrity Cruises
Azamara Club Cruises

Lizabeth L. Burrell

Curtis, Mallet-Prevost, Colt & Mosle LLP

  • Latest disputes involving wrongful cargo seizures and burdens of evidence
  • Differences and significance of rule B attachment and rule C arrest
  • Increased use of company registrations and presence in Delaware for aggressive Rule B suits
  • Renewed arbitrability and appointment of arbitrator determinations
  • Anti-suit injunction – a tool US attorneys should be aware of and should recommend to their clients who are dealing with issues overseas

3:00
An Examination of the Interaction between Bankruptcy and Maritime Law and an Update and Implications for Assertion of Maritime Liens in the United States

John A. Orzel

Carroll McNulty Kull LLC

W. Brett Mason

Stone Pigman Walther Wittmann L.L.C.

Wook Chung
General Counsel
Hanjin Shipping America, LLC

  • What are the different/creative tools available to secure claims outside US
  • Right of foreign ship-owners with minimal contacts with the US to file for bankruptcy in the US for protection
  • Use of Chapter 15 and bank regulations to assist foreign ship-owners or maritime interest who file for bankruptcy overseas
  • US law and concerns over assets and property located in the US while bankruptcy proceedings are taking place overseas
  • How can US procedural laws be used when it comes to interfering in a foreign bankruptcy proceedings?
  • Update and implications for assertion of maritime liens in the US
    • Maritime liens in concert with interpleader actions and implications for double liability exposure
    • Update on ranking of maritime liens and creditor rights
      • How does state law claim for privilege rank in comparison to federal maritime lien?
      • How does preferred maritime lien rank to ship mortgage?

3:55
Break
4:00
Marine Casualty Investigations: What Are the Breadth and Scope of the National Transportation Safety Board, Surface Transportation Board, and Coast Guards’ Marine Casualty Investigations?

Ann G. Gawalt
Deputy General Counsel
National Transportation Safety Board

John J. Levy

Montgomery McCracken Walker & Rhoads LLP

Captain Shannon Gilreath
Chief, Office of Maritime and International Law
U.S. Coast Guard

  • How does the coast guard conduct their investigations?
  • What is the scope of coast guard’s authority when conducting casualty investigations?
  • What is the role of the National Transportation Safety Board in marine casualty investigations? What is its procedure with respect to handling marine casualty investigations?
  • How do the two agencies work together? When do they combine their efforts? When does one take the lead and when the other?
  • When an in-house counsel is faced with crisis, when does he or she have to worry about the NTSB?
  • What are the significance and role of the Surface Transportation Board? Where does it fit in during the investigation process?

5:10
Limitation of Liability and Salvage

Peter G. Pamel

Borden Ladner Gervais LLP

Frank J. Gonynor
Senior Claims Adviser
Gard (North America), Inc.

  • History of Limitation of Liability Act and impact of interlocutory appeals as adjudged recently by 10 Circuit
  • General Average: York-Antwerp Rules 2016 adoption by BIMCO and impact on industry from industry, counsel, and U.S. average adjuster perspective
  • Salvage disputes involving sunken treasure increase
  • Salvors and agreements with governmental entities

6:10
Conference Adjourns to Day Two

Day 2 - Tuesday, January 31, 2017

7:30
Continental Breakfast
8:00
Views from the Bench

The Honorable Walter J. Brudzinski
Chief Administrative Law Judge
U.S. Coast Guard

The Honorable Nannette A. Baker
Chief Magistrate Judge
U.S. District Court, Eastern District of Missouri

The Honorable Richard Schmidt
Bankruptcy Judge
U.S. Bankruptcy Court, Southern District of Texas

The Honorable Mildred Methvin
Magistrate Judge
U.S. District Court, Western District of Louisiana

The Honorable Lorenzo Garcia
Magistrate Judge
U.S. District Court, District of New Mexico

Moderator:

Michael J. Frevola
Special Professor of Law, Maurice A. Deane School of Law at Hofstra University
Partner, Holland & Knight LLP

9:30
Break
9:40
P&I Club and Insurance Roundtable: Issues of Concern for the In-House Counsel Going Forward; Cybersecurity in Shipping; Impact of Consolidation and Interest in Diversification; The Latest Developments in Claims; New Coverage Nuances and Ensuring Necessary Coverages Are in Place; and Suggestions as to How Outside Counsel Can Get on a Pre-Approved Panel

Susan Dorgan, Esq.
Specialty Lines Recovery Lead Global Recovery Services
AIG

Boriana Farrar
Vice President-Senior Claims Executive Counsel
American Steamship Owners Mutual Protection and Indemnity Association, Inc. Shipowners Claims Bureau, Inc. Managers

John A. Miklus
President
American Institute of Marine Underwriters (AIMU)

Stephen Moglia
VP – Risk Management
Seacor Holdings Inc

Edward Carlson
Senior Claims Executive
Skuld North America Inc.

Moderator:

Pamela A. Palmer

Morris Polich & Purdy LLP

  • What is keeping insurers and reinsurers up at night?
  • Impact of England’s new Insurance Act of 2016 (effective August 12, 2016) on U.S. shipping interests
  • Has the current economic climate in shipping influenced the number, kind, or scope of claims insurers have been dealing with?
  • Emerging cyber coverage in marine insurance policies
    • Role of insurers and what is being covered?
    • Are P&I clubs going to start incorporating cyber risk?
    • What is the standard for protecting insureds’ technology and electronic data in order to satisfy policy requirements?
  • Impact of consolidation and what the marine insurance world will look like
  • Latest on claims
  • New coverage nuances and ensuring necessary coverages are in place
  • Suggestions as to how outside counsel can get on a pre-approved panel
    • How do the insurers want their relationship with outside counsel to work?
    • What does and doesn’t work in a relationship and how can it be made more productive and less expensive?
  • Marine insurance contracts and offshore industry
    • Recent decisions on the meaning of various clauses
  • To what extent do marine insurers believe that attorneys should be excluded from the settlement process? Do they feel that they can do it better themselves?
  • Clash between new terminology (i.e., common language terminology) and the old historical language incorporated in marine insurance policies

11:00
Sharing Economy and Boats: What Has Been the Insurance Industry and Regulators’ Response so far and Is a Standard of Care Developing for This Industry?

Stephanie S. Penninger
Attorney, Chair, Maritime Transportation
Benesch, Friedlander, Coplan & Aronoff LLP

Sean M. Dalton
Head of Marine Underwriting, NA
Munich Reinsurance America, Inc.

David H. Sump

Willcox & Savage, P.C.

  • How has the insurance industry responded to the recent practice of private boat owners engaging their vessel in commercial enterprise as a part time revenue source?
  • What gaps still exist in the “part-time commercial use” marine policies and how are these gaps being addressed?
  • How have the federal, state and local regulatory entities responded to the use of privately-owned vessels as temporary places of lodging or temporary rentals and is a standard of care developing for this industry?

12:00
Personal Injury Issues

Conor Murray
Vice President, Marine Claims Manager North America
XL Catlin

F. William Neubrand
Insurance Manager
Vane Brothers

Stacey Papp
partner
Hamilton, Miller & Birthisel LLP

  • Personal injury issues
    • Exposure to liability
    • Recourses against cruise lines
    • Jurisdiction and forum clauses
    • Handling lawsuits involving personal injuries
    • Workers compensation considerations
    • Medicare and medicaid issues with the government
      • Recent decisions on third-party excursions
    • What is a cruise line operator’s duty to warn passengers about danger or risk associated with particular excursion?
    • What is a duty of the third-party excursion operator to prevent negligent acts associated with those excursions?

1:00
Current State of Affairs with Punitive Damages and What Actions Will Support Claims for Punitive Damages?

Rod Sullivan, Esq.
Program Director, Logistics and Transportation LLM; Associate Professor of Law; Florida Coastal School of Law
Sullivan & Co.

Sarah Yantakosol Gayer

Thompson Bowie & Hatch LLC

Charles G. De Leo

De Leo & Kuylenstierna P.A.

  • Punitive damages with respect to seamens’ claims and non-seamens’ claims
  • Whether or not the Supreme Court’s one-to-one ratio will apply across the board on admiralty
  • Since Townsend, courts’ recognition of availability of punitive damages in maintenance and cure claims
  • Propriety of refusal to allow a Jones Act plaintiff to amend complaint to assert a claim for punitive damages under the Jones Act and general maritime law unseaworthiness

2:00
Conference Ends

Primer on Admiralty and Maritime Law for New Practitioners/Practitioners Interested in Entering the Field and for Young Professionals Making a Transition In-House into Shipping Companies or P&I Clubs

Jan 30, 2017 7:10am – 8:25am

What is it about?

Speaker(s) to be announced. Check AmericanConference.com/Maritime for this and other exciting speakers being added This primer will help introduce basic concepts in Maritime and Admiralty law to those interested in entering the field. It will cover concepts such as maritime personal injury claims, including, Jones Act, maintenance and cure, portions of the Longshore Act as well as commercial aspects of maritime law such as vessel seizures, arrests and more. It will also address some of the things young professionals making the transition didn’t know but wish they knew before making the transition.