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May 21, 2013
NEWS
In May 2013 the Firm was advised by the Legal Media Group that four FHM partners are listed in the 2013 edition of Expert Guide’s Best of the Best USA. Those recognized are: Peter Gutowski, Wayne Meehan, Don Murnane and Bill Juska. The Legal Media Group's research methodology involves distributing over 4,000 questionnaires to senior in-house counsel, partners at leading law firms and other specialists. Interviews are also carried out with specialists in leading commercial centers. Using data collated from the questionnaires and the interviews, a preliminary list is compiled of those individuals who have been independently nominated by other senior practitioners or in-house counsel. As a final verification that list is discussed with a select group of advisers. In the May 6, 2013 issue of New York Magazine the integrated media company ALM has listed FHM as one of the top 147 law firms in the New York area. The rankings cover Tri-state firms with more than 10 attorneys where at least 33% of the attorneys have achieved the Martindale-Hubbell® AV® PreeminentTM Peer Review RatingSM. This rating indicates that the rated lawyer has been deemed by peers to have demonstrated the highest level of ethical standards and legal ability. At FHM, 40% of the attorneys have received AV ratings. At the Spring meeting of the U.S. Maritime Law Association on May 3, 2013, FHM partner Dan Fitzgerald gave a CLE presentation on Emerging Ethics Issues and Cases Updates, focusing on how social media affects juror research. A copy of the paper can be accessed by clicking HERE. At the same meeting, Freehill partner Tom Canevari gave a presentation on Maintenance and Cure Issues Post Messier v. Bouchard to the In-House Counsel Committee. On April 29, 2013 Tom Russo was a participant in the Gard (North America) Inc. Pollution Roundtable held in New York City. In addition to serving as a roundtable participant, Tom presented on the topic of Current Criminal Law Issues. FHM partner John Karpousis spoke on April 4, 2013 in New Orleans at the Annual Longshore Conference sponsored by Loyola University New Orleans College of Law. John’s address, "Just What Exactly is a Vessel Anyway?", examined the U.S. Supreme Court’s analysis, in the context of maritime litigation, of what constitutes "a vessel", including a review of the Court’s most recent decision on the topic, Lozman v. City of Riviera Beach, Florida. Since 2010 the U.S., along with the EU, has significantly increased its sanctions on trade with Iran, through several pieces of legislation and a series of Executive Orders. These increased sanctions have had a far reaching impact. Because the U.S. sanctions are made up of multiple regulations, acts and orders, it can be difficult to track what trade is actually prohibited. To assist clients in navigating and complying with the U.S. sanctions, we have prepared a comprehensive set of FAQs which address the inquiries we most frequently receive regarding the sanctions. To access the FAQs, click HERE. Chambers Global 2013, released March 14, 2013, ranked Freehill Hogan & Mahar in the top nine firms in the world in shipping law and Peter Gutowski and Bill Juska were named as global leaders in the field. To read the Chambers Global 2013 profile of the firm, click HERE. Chambers & Partners has been publishing rankings of U.K. attorneys since 1990 and began publishing Chambers Global in 1999, followed by Chambers USA in 2003. The Chambers rankings are the product of independent research carried out by Chambers' researchers, including numerous interviews with clients and other law firms. On February 17, 2013 Freehill partner Tom Russo addressed the Passenger Vessel Association Convention in Jacksonville, Florida on the topic: Criminal Liability for Passenger Vessel Operators. On January 2, 2013 the National Defense Authorization Act for 2013 ("NDAA 2013") was signed into law. This Act has added sanctions against Iran which go into effect on July 1, 2013 and which could have a significant impact on the maritime and marine insurance sectors. For a Client Alert detailing the provisions of NDAA 2103, click here. If you have questions, contact Bill Juska, Gina Venezia or Bill Pallas. In its December 24, 2012 Special Investor's Guide 2013, Fortune Magazine, in conjunction with LexisNexis® Martindale-Hubbell®, once again named FHM as one of the top ranked law firms in the U.S. Out of the 254,000 firms rated by Martindale-Hubbell, less than one half of one percent nationwide were selected for inclusion on the list for 2013. Selection was based on a firm having at least one-third of their attorneys rated by Martindale-Hubbell with their highest rating, an AV® PreeminentTM rating. Martindale-Hubbell's Peer Review Ratings of attorneys are based on confidential surveys of lawyers and judges, who are asked to rate their peers based on their professional knowledge of the attorneys. On November 1, 2012 U.S. News & World Report, well-known for its annual rankings of colleges and universities, published its third annual "Best Law Firm" rankings of U.S. law firms for 2012-13, in conjunction with the publication Best Lawyers. In the Admiralty and Maritime category, FHM is ranked in the top tier nationally, as one of 30 firms in that tier, and is also ranked in the top tier in NYC, as one of 17 firms in that tier. The Firm was also ranked in the top tier of admiralty and maritime firms in 2011 and 2012, both nationwide and in New York The publications determined the rankings based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. The national ballot was sent to a distinct, geographically diverse group of attorneys listed in Best Lawyers who have received consistently high peer review over the course of several years. In addition to information from these surveys, the rankings incorporate 4.3 million evaluations of 68,761 individual leading lawyers collected by Best Lawyers® in its most recent annual survey. Founded in 1952, Freehill, Hogan & Mahar marked its 60th anniversary in 2012, making it one of the longest established maritime firms in New York. Over the years FHM has earned the trust of its clients and the respect of its peers. To see the firm’s 60th Anniversary announcement, click here. FHM partner Pat Bonner, the immediate past President of the U.S. Maritime Law Association, spoke on September 18, 2012 at the Admiralty Committee meeting of the Association of the Bar of the City of New York, addressing Recent Developments in Admiralty Law. Law and Politics Magazine has named Peter Gutowski, Bill Juska, Eric Lenck, Wayne Meehan and Don Murnane as New York "Super Lawyers" for 2012 in the Transportation and Maritime Fields. The selection methodology includes a statewide nomination process, followed by peer review by practice area and independent research. The resulting list of Super Lawyers represents the top 5% of the attorneys in New York metropolitan area. The list of recognized attorneys was published in the New York Super Lawyers - Metro Edition magazine, distributed on September 20, 2012, and in a supplement to the New York Times Magazine on October 7, 2012. On August 21, 2012 it was announced that fifteen lawyers from Freehill Hogan & Mahar were recently selected by their peers for inclusion in The Best Lawyers in America® 2013 (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.) in the category of admiralty and maritime law. The selected attorneys are: Patrick Bonner, Thomas Canevari, Michael Fernandez, Peter Gutowski, William Juska, Eric Lenck, Wayne Meehan, Manuel Molina, Mark Muller, Don Murnane, James Ross, Thomas Russo, Michael Unger, Gina Venezia and John Walsh. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice." In August 2012 the Firm was advised by the Legal Media Group that seven FHM partners are listed among the world’s leading shipping and maritime attorneys in the 2012 International Trade and Shipping Expert Guide. Those recognized are: Patrick Bonner, Peter Gutowski, Wayne Meehan, Don Murnane, Bill Juska, Tom Russo and Gina Venezia. The Legal Media Group's research methodology involves distributing over 4,000 questionnaires to senior in-house counsel, partners at leading law firms and other specialists. Interviews are also carried out with specialists in leading commercial centers. Using data collated from the questionnaires and the interviews, a preliminary list is compiled of those individuals who have been independently nominated by other senior practitioners or in-house counsel. As a final verification that list is discussed with a select group of advisers. Focusing on the escalating U.S. sanctions against Iran, Freehill partner Gina Venezia authored an article for the August 2012 Standard Bulletin, a publication of the Standard P&O Club, summarizing an Executive Order dated July 31, 2012 authorizing "Additional Sanctions With Respect to Iran." To access the article, click here. FHM partner Larry Kahn published an article in the August 2012 Maritime and Transport Law News, a newsletter of the International Bar Association, on the increasing governmental enforcement of regulations relating to the removal of PCBs from vessels at the time of sale or scrapping. To access the article, click here. On July 31, 2012 the President issued an Executive Order authorizing "Additional Sanctions With Respect to Iran" and on August 1 the Congress passed the "Iran Threat Reduction And Syria Human Rights Act of 2012," which awaits the President’s signature. These sanctions have the potential to significantly impact the financial, shipping and marine insurance sectors. For a Client Alert detailing the provisions of the Executive Order and the Act, click here. If you have questions, contact Bill Juska, Gina Venezia or Bill Pallas. USCG/EPA to commence enforcement of MARPOL Annex VI fuel oil standards for vessels operating in the North American Emission Control Area ("ECA") as of August 1, 2012. The enforcement of these regulations will present unprecedented challenges to Owners and Operators of vessels travelling to and from the U.S. Our client alert on this new enforcement regime can be accessed by clicking here. If you have any inquiries, please contact Thomas Russo, William Pallas, Michael Fernandez or Daniel Fitzgerald. For the eighth consecutive year, Chambers USA 2012, released on June 7, 2012, has ranked Freehill Hogan & Mahar in the top tier of New York maritime law firms, where FHM is joined by only one other firm. In addition to again ranking the firm No. 1, Chambers has singled out thirty-five New York shipping attorneys as "Leading Individuals" and seven, more than from any other firm, are FHM partners: Peter Gutowski, Wayne Meehan, Don Murnane, Bill Juska, Eric Lenck and Gina Venezia. Chambers USA's profile of FHM states in part that the firm is "Undoubtedly one of the leading players in the New York maritime market..." with "...a talent for handling complex shipping litigation..." and "...the depth to handle sophisticated cases." ChambersUSA listed FHM as one of only two firms "Recommended for Client Service Nationwide" quoting a client as saying: "It is a well-oiled, finely tuned machine. They are prompt, efficient and economical without compromising quality." FHM was the only firm "Recommended for Commercial Awareness Nationwide" with ChambersUSA quoting another firm client: "It really sticks out that they look at the commercial impact and always have an eye on the business side." To read the complete Chambers USA 2012 profile of the firm, click HERE. Chambers Global 2012, released March 22, 2012, ranked Freehill Hogan & Mahar in the top nine firms in the world in shipping law and Peter Gutowski and Bill Juska were named as global leaders in the field. To read the Chambers Global 2012 profile of the firm, click HERE. Chambers & Partners has been publishing rankings of U.K. attorneys since 1990 and began publishing Chambers Global in 1999, followed by Chambers USA in 2003. The Chambers rankings are the product of independent research carried out by Chambers' researchers, including numerous interviews with clients and other law firms. In July 2012 Freehill partner Eric Lenck taught at the World Maritime University in Malmo, Sweden, as co-lecturer of a course entitled "Maritime and Commercial Law." Eric's return to Sweden to teach maritime law is particularly fitting, as his father was a Swedish sea captain who settled in the U.S. The World Maritime University was founded by the International Maritime Organization in 1983. Its mission is to serve the global maritime community as the IMO's apex for high-level maritime education and research. On June 1, 2012, The International Who's Who of Business Lawyers announced that FHM partners Patrick Bonner, George Freehill, Peter Gutowski, Bill Juska, Eric Lenck, Wayne Meehan and Don Murnane are listed in The International Who's Who of Shipping and Maritime Lawyers as being among 90 of the leading shipping and maritime lawyers in the United States. The research conducted by Who's Who Legal is based on independent nominations of attorneys by both private practitioners and corporate counsel, which are then canvassed using questionnaires, with the final list reached by research in the legal and financial media, followed by interviews with corporate counsel and peer attorneys. In the May 21, 2012 issue of New York Magazine the integrated media company ALM has listed the 283 top ranked law firms in the New York area, including FHM. The rankings cover Tri-state firms with more than 10 attorneys where at least 25% of the attorneys have achieved the Martindale-Hubbell® AV® PreeminentTM Peer Review RatingSM. This rating indicates that the rated lawyer has been deemed by peers to have demonstrated the highest level of ethical standards and legal ability. At FHM, 39% of the attorneys have received AV ratings. On May 1, 2012 President Obama issued a new Executive Order targeting foreign entities that violate U.S. sanctions against Iran and Syria or assist in the violation of those sanctions. Our Client Alert on this Executive Order can be accessed by clicking HERE. If you have sanctions inquiries, please contact Bill Juska, Gina Venezia or Ed Carlson. The American Maritime Cases, with an editorial board of 52 practicing maritime attorneys, annually publishes all significant maritime law decisions from Federal and State courts. Each year the American Maritime Cases dedicates its Annual Volumes to a distinguished member of the maritime bar. The 2011 Annual Volume, which has just been published, is dedicated to FHM partner Pat Bonner, for his service to the maritime legal community. Pat, the outgoing President of the U.S. Maritime Law Association, was honored at the AMC Spring Editors Lunch on May 4, 2012. Freehill Partner Dan Fitzgerald delivered a paper at the Maritime Law Association's Continuing Legal Education program on May 4, 2012 in New York. Dan's timely presentation covered the use of social media by attorneys in litigation. To access Dan's paper, Social Media: Friend of Foe?, click HERE. The Norwegian Seamen's Church in New York has for many years served not only as a functioning church, but also has maintained a mission of providing care for Norwegian seafarers visiting New York. The Church also sponsors various Norwegian cultural programs. At the Annual Meeting of the Church on April 29, 2012 Freehill associate Jan Gisholt was unanimously elected to the Board. During the week of April 16, 2012 Freehill partner Mike Fernandez participated in a Hamburg-Süd Group cargo workshop in Miami. Mike gave presentations on Bills of Lading Clauses, Evaluating Cargo Claims and The Rotterdam Rules. He also was a panel participant during the week. In January 2008 the DREDGE NEW YORK, the largest dredge of its kind, was struck by the tanker ORANGE SUN in New York harbor. The dredge was heavily damaged and repairs took seven months. While the owners of the ORANGE SUN and their insurers conceded liability for the collision, and paid for the repairs to the dredge, they refused to compensate our client, Great Lakes Dredge & Dock Company, for their loss of use of the dredge. Great Lakes calculated their damages from the seven month loss of the DREDGE NEW YORK at an amount of approximately $12M. The ORANGE SUN interests maintained that Great Lakes sustained no damages because it finished the dredging projects that the dredge was working on at the time of the incident on time and earned the full amount due under those contracts. After a week-long bench trial in January 2012, the Judge accepted Great Lakes' loss of use theory of damages and awarded $13.2M , including interest. Taking into account the amounts paid for the physical damages, the total recovery for our client was approximately $20M. Freehill attorneys: Wayne Meehan, Gina Venezia and Pat Bonner. The case was tried with co-counsel Winston & Strawn. We are pleased to announce that Dan Fitzgerald was elected to partnership in the Firm, effective January 1, 2012. Dan, who currently holds the rank of Commander in the U.S. Coast Guard Reserve, graduated with distinction from the State University of New York Maritime College. While serving on active duty in the U.S. Coast Guard for five years, Dan obtained his law degree from New York Law School. After working for a leading New York maritime law firm and then serving as a Legal Advisor to an Assistant Commandant of the Coast Guard in Washington D.C., Dan joined FHM in 2005. Dan's practice is concentrated on casualties, personal injury defense, maritime criminal cases and advising vessel owners on regulatory matters. In March the U.S. Office of Foreign Asset Control ("OFAC") conducted a seminar on sanctions, which are of great concern to the shipping community, especially given the escalating sanctions against Iran. FHM associate Ed Carlson attended the seminar and prepared a report for clients, which can be accessed by clicking HERE. If you have sanctions inquiries, please contact Bill Juska, Gina Venezia or Ed Carlson. For the seventh consecutive year, Chambers USA 2011, released on June 10, 2011, has ranked Freehill Hogan & Mahar in the top tier of New York maritime law firms, where FHM is joined by only one other firm. In addition to again ranking the firm No. 1, Chambers has singled out thirty-seven New York shipping attorneys as "Leading Individuals" and seven, more than from any other firm, are FHM partners: Peter Gutowski, Wayne Meehan, Don Murnane, Bill Juska, Eric Lenck, Tom Russo and Gina Venezia. Chambers USA's profile of FHM states in part that the firm "...has a reputation as a first-class admiralty firm" which "...has expanded its practice in recent years beyond pure shipping work, while maintaining its depth and expertise in maritime issues." Quoting a client, Chambers goes on to say: "The firm provides quality service at a price we can afford. You really get a lot of bang for your buck." Another commentator stated: "The team demonstrates a deep understanding of traditional shipping matters." To read the complete Chambers USA 2011 profile of the firm, click HERE. Chambers Global 2012, released March 22, 2012, ranked Freehill Hogan & Mahar in the top nine firms in the world in shipping law and Peter Gutowski and Bill Juska were named as global leaders in the field. To read the Chambers Global 2012 profile of the firm, click HERE. Chambers & Partners has been publishing rankings of U.K. attorneys since 1990 and began publishing Chambers Global in 1999, followed by Chambers USA in 2003. The Chambers rankings are the product of independent research carried out by Chambers' researchers, including numerous interviews with clients and other law firms. In its December 26, 2011 Investor's Guide 2012, Fortune Magazine, in conjunction with LexisNexis® Martindale-Hubbell®, named FHM as one of the top law firms in the U.S. Out of the 254,000 firms rated by Martindale-Hubbell, only 965 nationwide, and only 27 in New York City, were selected for inclusion on the list. Selection was based on a firm having at least one-third of their attorneys rated by Martindale-Hubbell with their highest rating, an AV® PreeminentTM rating. Martindale-Hubbell's Peer Review Ratings of attorneys are based on confidential surveys of lawyers and judges, who are asked to rate their peers based on their professional knowledge of the attorneys. On November 1, 2011 U.S. News & World Report, well-known for its annual rankings of colleges and universities, published its second annual "Best Law Firm" rankings of U.S. law firms for 2011-12, in conjunction with the publication Best Lawyers. In the Admiralty and Maritime category, FHM is ranked in the top tier nationally, as one of 24 firms in that tier, and is also ranked in the top tier in NYC, as one of 19 firms in that tier. The Firm was also ranked in the top tier of admiralty and maritime firms in 2010, both nationwide and in New York The publications determined the rankings based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. The national ballot was sent to a distinct, geographically diverse group of attorneys listed in Best Lawyers who have received consistently high peer review over the course of several years. In addition to information from these surveys, the rankings incorporate the 3.9 million evaluations of 41,284 individual leading lawyers collected by Best Lawyers® in its most recent annual survey. In November 2011 Moffly Media, the publishers of Fairfield Living, named FHM partner Tom Canevari as one of the nine leading admiralty and maritime attorneys in Fairfield County, CT. To make its selections, Moffly Media relied on the peer-review experts at LexisNexis Martindale-Hubbell, the legal network with a database of more than one million lawyers from 160 countries, to identify the local attorneys who have reached the highest levels of ethical standards and professional excellence. Moffly Media's list includes attorneys who have been rated "AV Preeminent," the highest peer review available, based on confidential surveys conducted by Martindale-Hubbell asking lawyers and members of the judiciary to rate the work of peers whose work they know well, using knowledge of the law and experience as criteria. At the Joint Meeting of the U.S. and Australian/New Zealand Maritime Law Associations in Hawaii in November 2011 FHM partner Pat Bonner, the current President of the U.S. MLA, delivered the annual Frank Dethridge Memorial Address. Pat's speech, Maritime Law - Twelve Years Into the Century, focused on landmark developments in maritime law in the U.S., Australia and New Zealand in the years 1911-1912. To read Pat's informative and entertaining paper, click here. FHM partner Pat Bonner, the current President of the U.S. Maritime Law Association, spoke on October 21, 2011 in Seattle at a seminar sponsored by the Federal Bar Association of the Western District of Washington and the Washington State Bar Association. Mr. Bonner's presentation was entitled: Ethical Issues Dealing with USCG Investigations. In July 2011, Who's Who Legal announced that FHM partners Patrick Bonner, George Freehill, Peter Gutowski, Bill Juska, Eric Lenck, Wayne Meehan and Don Murnane are listed in The International Who's Who of Shipping and Maritime Lawyers 2011 as being among 90 of the leading shipping and maritime lawyers in the United States. The research conducted by Who's Who Legal is based on independent nominations of attorneys by both private practitioners and corporate counsel, which are then canvassed using questionnaires, with the final list reached by research in the legal and financial media, followed by interviews with corporate counsel and peer attorneys. Law and Politics Magazine has named Peter Gutowski, Bill Juska, Eric Lenck, Wayne Meehan and Don Murnane as New York "Super Lawyers" for 2011 in the Transportation and Maritime Fields. The selection methodology includes a statewide nomination process, followed by peer review by practice area and independent research. The resulting list of Super Lawyers represents the top 5% of the attorneys in New York metropolitan area. The list of recognized attorneys was published in the New York Super Lawyers - Metro Edition magazine, distributed on September 20, 2011, and in a supplement to the New York Times Magazine on October 2, 2011. On August 30, 2011 it was announced that five lawyers from Freehill Hogan & Mahar (Pat Bonner, Peter Gutowski, Wayne Meehan, Don Murnane and Tom Russo) were recently selected by their peers for inclusion in The Best Lawyers in America® 2011 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.) in the category of admiralty and maritime law. Selections are based on peer nominations and peer voting with more than 39,000 attorneys casting votes. The publications determined the rankings through surveys of more than 9,000 clients and nearly as many lawyers. They took into account 3.1 million individual lawyer evaluations compiled by Best Lawyers. Lawyer experience, number of clients, billing ranges and number of transactional and litigation matters, pro bono work and diversity also counted. On May 4, 2011, during the annual meeting of the U.S. Maritime Law Association in New York City, FHM partner Larry Kahn addressed a joint meeting of the MLA committees on Marine Ecology, Regulation of Vessels and Government Attorneys. Mr. Kahn's topic was: Regulation and Enforcement of Vessel PCBs by EPA/DOJ. On March 31-April 1, 2011 Freehill partner Tom Russo participated in a seminar on Marpol violations and enforcement in the United States which was co-sponsored by the Gard P&I Club and ECM for the Hong Kong Shipowners Association. Mr. Russo spoke on The Criminal Enforcement of Marpol in the United States. FHM partner Pat Bonner, the current President of the U.S. Maritime Law Association, spoke on March 23, 2011 at the bi-annual Tulane Admiralty Law Institute, presenting a paper on: In February 2011 the Firm was advised by the Legal Media Group that Peter Gutowski, Don Murnane and Bill Juska will be named in the 2011 edition of Best of the Best USA as three of the top 25 shipping and maritime attorneys in the United States. The Legal Media Group's research methodology involves distributing over 20,000 questionnaires to senior in-house counsel, partners at pre-eminent law firms and other specialists. Interviews are also carried out with specialists in leading commercial centers. FHM partner Gina Venezia and associate Edward Carlson had an update on the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 published in the December 2010 special issue of the Standard P&I Club's Standard Bulletin on sanctions. For a copy of the article, click here. Freehill partner Pat Bonner, who is currently the President of the U.S. Maritime Law Association, spoke on November 21, 2010 at the University of Texas Admiralty Law Seminar. Mr. Bonner delivered a paper on the Practical, Legal and Ethical Issues That Arise During a Coast Guard Investigation. An article by Bill Pallas on criminal liability was included in the November 2010 issue of Currents, a publication of The Shipowners Claims Bureau. The article, entitled Criminal Liability in the Maritime Industry: The Cover-Up Is Worse Than The Crime, focuses on the added risk that can arise if an attempt is made by management or vessel personnel to cover up an alleged criminal act. For a copy of the article, click here. At the SUNY Maritime Annual Towing Forum on October 20, 2010, Dan Fitzgerald delivered a presentation on Narrow Channel Collision Prevention, which was followed by a question and answer session. FHM attorney Dan Fitzgerald was advised on September 24, 2010 that he has been selected for promotion to the rank of Commander in the U.S. Coast Guard Reserves. A 1996 graduate of the State University of New York Maritime College, with distinction, Dan served five years active duty in the Coast Guard and attended law school in the evening. He has remained active in the USCG Reserves, and in wake of the DEEPWATER HORIZON blowout, Dan recently spent two months on active duty as the Senior USCG Liaison Officer for the State of Florida, where he worked closely with the governor's office and with senior BP personnel. On October 15, 2003, the Staten Island Ferry Andrew J. Barberi struck a maintenance pier, resulting in 11 deaths and injuries to more than 70 passengers. The DOROTHY J., a tug working under contract to New York City, the owner and operator of the ferry, was close by on another job and immediately attempted to assist the ferry. The tug's owner then made a salvage claim and sued New York City seeking $8 Million as a salvage award. Following a week-long trial in the U.S. District Court for the Eastern District of New York, in September 2010 the judge awarded the tug's owner and crew only $46,000, finding that the tug rendered no meaningful assistance, other than giving the crew and passengers of the ferry some comfort in knowing that the tug was alongside. FHM partners Wayne Meehan and Gina Venezia represented New York City. On October 6-8, FHM partner Tom Russo was a panel member at the 85th Annual International Propeller Club convention is Tampa, Florida. With other participants, Mr. Russo addressed the topic of "Seafarers - An International Overview", with a particular emphasis on the criminalization of maritime incidents and the prosecution of seafarers. At the annual Marine Insurance Day in New York on October 1, 2010 FHM partner Gina Venezia presented a program entitled Tightening the Knot - Existing U.S. Laws Prohibiting Trade with Iran and Their Expansion under CISADA. The presentation provided an explanation of the recent increased U.S. sanctions on trade with Iran, which have extra-territorial effect and raise many issues for world shipping. Marine Insurance Day is jointly sponsored by the American Institute of Marine Underwriters, the American Marine Insurance Forum, the Association of Average Adjusters of the U.S., the Marine and Insurance Claims Association, and the Marine Claims and Recovery Forum, with the U.S. Maritime Law Association co-sponsoring the event for CLE purposes. On September 23-24, 2010 Freehill partner Tom Russo was a speaker at the 6th annual Marine Log conference and expo, "Global Greenship." Tom participated in a program entitled "Environmental Crimes: Point-Counterpoint", with Joseph Poux, Assistant Chief, Environmental Crimes Section, Environment and Natural Resources Division, U.S. Department of Justice, examining the prosecution and defenses of environmental crimes from the points of view of the government and shipowners. On September 29, 2010 Mr. Russo was a featured speaker at a seminar in Singapore sponsored by The Standard P&I Club and ECM Maritime Services. The seminar, Maritime Environmental Compliance and the U.S. Perspective: Investigate - Criminalize- Prosecute, was designed to provide shipping companies with guidance in meeting U.S. requirements and, in the event of a Marpol criminal violation, in defending the case and in negotiating with the government concerning settlement and Environmental Compliance Plans. FHM partner Pat Bonner was the luncheon speaker at the Southeast Admiralty Law Institute on June 25, 2010, speaking on: Rule B and New York Practice. On May 7, 2010 the U.S. Maritime Law Association elected Patrick Bonner as it's 47th President. Pat has a long history of service to the MLA, previously having been Chair of the Coast Guard Committee, Treasurer, First and Second Vice-President and a member of the Board of Directors. Pat's term ran until May, 2012. In June, 2009 The Legal 500, US Edition, listed FHM in the first tier of all U.S. law firms in the "Litigation" category for shipping insurance, praising the firm's “excellent level of service” and “ extremely knowledgeable maritime lawyers, who exercise impeccable litigation judgment. They excel at advocacy in oral argument and written briefs, and in rendering legal advice”. Wayne Meehan, Gina Venezia, Jack Walsh, Mark Muller, Peter Gutowski, and Bill Juska were singled out by clients and peers. The Legal 500’s evaluation of law firms is based on work carried out in the last 12 months and on feedback received from clients and other law firms in the same market. “To read the complete Legal 500 US 2009 profile of the firm, click HERE.” The July 2010 issue of the UK Club's publication US Bodily Injury News contains an article co-authored by Dan Fitzgerald of FHM and Karen Hildebrandt of Thomas Miller (Americas) Inc. entitled "US Coast Guard Medical Evacuations." The article, which is in the Articles and Speeches section below, outlines the procedures for seeking U.S. Coast Guard assistance in evacuating an injured or ill crewmember or passenger from a vessel. Freehill partner Tom Russo authored an article entitled Sometimes, The Best Defense is a Good Offense for the April 2010 issue of The Arbitrator. The article, which can be accessed in the Articles And Speeches section below, outlines steps which shipowners and managers can take to build a due diligence defense to charges of oily water separator violations. On February 15, 2010 Dan Fitzgerald delivered a presentation at the annual convention of the Passenger Vessel Association entitled: "Monday Morning Quarterbacking - Don't Become Next Year's Legal Case Study." The presentation analyzed three recent relevant legal cases. On December 4, 2009 FHM partner Bill Juska took part in the annual Borden Ladner Gervais maritime law seminar, speaking on recent developments in the U.S. law of maritime liens. On November 17, 2009 FHM partners Jack Walsh and Mark Muller provided an update on aspects of personal injury law for a forum held at the India House by The Standard P&I Club. Jack Walsh provided a general update on various issues in personal injury law, while Mark Muller spoke on the new reporting requirements of the Medicare, Medicaid and SCHIP Extension Act of 2007. At the U.S. Maritime Law Association Fall meeting held at Hilton Head the week of November 2, 2009, two FHM partners, Peter Gutowski and Larry Kahn, participated in a panel discussion on Recent Developments and the Current Status in Rule B Litigation. Mr. Gutowski was a panel member while Mr. Kahn served as the moderator of the discussion. At the SUNY Maritime Annual Towing Forum on October 21, 2009, Dan Fitzgerald delivered a paper on Towing Regulations - Liability and Legal Consequences. On December 2, 2009, Mr. Fitzgerald spoke on a similar topic at the Sea Tow Annual Convention, where he discussed Liability & Legal Consequences for the Assistance Towing Industry. Freehill partner Pat Bonner participated in the Houston Marine Insurance Seminar on September 21, 2009, speaking on the Rotterdam Rules. Mr. Bonner's presentation, THE ROTTERDAM RULES: The New International Regime for Carriage of Goods by Sea, can be accessed by clicking HERE.
ARTICLES AND SPEECHES
Arbitration | Cargo | Charter Party | Civil Environmental | Collision If you are interested in obtaining a copy of any paper listed below, please contact the author at 212-425-1900.
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