News & Articles - Freehill Hogan & Mahar LLP - Maritime Law Firm

September 3, 2010

NEWS

FHM PARTNER PAT BONNER ELECTED PRESIDENT OF THE U.S. MARITIME LAW ASSOCIATION

On May 7, 2010 the U.S. Maritime Law Association elected Patrick Bonner as it’s 47^th 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 runs until May, 2012.

FREEHILL HOGAN & MAHAR AGAIN RANKED IN THE TOP TIER OF NEW YORK MARITIME FIRMS

For the sixth consecutive year, Chambers USA 2010 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-four New York shipping attorneys as "Leading Individuals" and five, more than from any other firm, are FHM partners: Peter Gutowski, Wayne Meehan, Don Murnane, Bill Juska and Tom Russo.

Chambers USA's profile of FHM states in part that the firm "...is one of the leading maritime litigation groups in the country. The breadth of its practice is almost unrivaled." Quoting a source, Chambers goes on to say: "The firm has all the resources necessary to handle big litigation. The senior partners provide wisdom and the younger lawyers provide the momentum to move the practice forward."

To read the complete Chambers USA 2010 profile of the firm, click HERE.

Chambers Global 2010 ranked Freehill Hogan & Mahar in the top twelve firms in the world in shipping and Bill Juska was named as a global leader in the field of shipping law.

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.

SEVEN FREEHILL PARTNERS LISTED BY WHO'S WHO LEGAL

In July 2010, 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 2010 as being among 456 of the world’s leading shipping and maritime lawyers. In all, thirty-nine practitioners were named form New York and with seven listed partners, FHM leads all New York firms. The research conducted by Who's Who Legal is based on independent nominations of attorneys, with the final list reached by research in the legal press, periodicals and on the internet, followed by interviews with corporate counsel and peer attorneys.

SIX FREEHILL PARTNERS NAMED LEADING EXPERTS IN MARITIME LAW

In May 2010 the Firm was advised by the Guide to the World’s Leading Shipping and Maritime Lawyers that in the current edition of the publication six FHM partners will be listed as outstanding practitioners in their field: Patrick Bonner, George Freehill, Peter Gutowski, William Juska, Wayne Meehan and Don Murnane.

The Guide’s research methodology involves distributing over 2,500 questionnaires to senior in-house counsel, partners at pre-eminent law firms and specialists in over 60 jurisdictions. Interviews are also carried out with specialists in leading commercial centers.

FREEHILL HOGAN & MAHAR CHOSEN BY THE LEGAL 500

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.”

DAN FITZGERALD CO-AUTHORS ARTICLE ON MEDICAL EVACUATIONS FROM VESSELS

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.

FHM PARTNER TOM RUSSO WRITES ON OILY WATER SEPARATOR CASES

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.

FREEHILL HOGAN & MAHAR’S DAN FITZGERALD PRESENTS AT PASSENGER VESSEL ASSOCIATION ANNUAL CONVENTION

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.

FREEHILL HOGAN & MAHAR PARTNER PARTICIPATES IN BORDEN LADNER & GERVAIS SEMINAR

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.

FREEHILL PARTNERS PROVIDE UPDATES ON PERSONAL INJURY LAW

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.

In August, 2009 FHM partners Jack Walsh and John Karpousis gave a presentation at Signal Mutual Indemnity Association Limited, with Mr. Walsh speaking on maintenance and cure issues and Mr. Karpousis discussing Jones Act seaman status.

FREEHILL PARTNERS PARTICIPATE IN MLA PANEL

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.

FHM’s DAN FITZGERALD SPEAKS AT SEVERAL FORUMS

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.

FHM PARTNER PAT BONNER PRESENTS AT MARINE INSURANCE SEMINAR

The 2009 Marine Insurance Seminar was held in Houston on September 20-22, 2009 and FHM partner Pat Bonner presented an overview of the new Rotterdam Rules, entitled: Rotterdam Rules: A New International Regime for Carriage of Goods by Sea.

SIX FREEHILL PARTNERS NAMED NEW YORK "SUPER LAWYERS" FOR 2009

Law and Politics Magazine has named George Freehill, Peter Gutowski, Bill Juska, Eric Lenck, Wayne Meehan, Don Murnane, Jim Ross and Gina Venezia as New York "Super Lawyers" for 2009 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 City. In addition, their names have been published in the New York Super Lawyers - Metro Edition magazine, which was distributed with the New York Times on October 4, 2009.

FOUR FREEHILL PARTNERS LISTED AS BEST MARITIME ATTORNEYS IN NEW YORK

The 2009 edition of Best Lawyers in America has listed Freehill partners Patrick Bonner, Peter Gutowski, Wayne Meehan and Don Murnane among the best maritime attorneys in New York. Selections by the Best Lawyers in America are based on peer nominations and peer voting.

ARTICLES AND SPEECHES

If you are interested in obtaining a copy of any paper listed below, please contact the author at 212-425-1900.

ARBITRATION:

THE ART OF AWARDING COSTS IN NEW YORK MARITIME ARBITRATIONS - IMPROVING THE PRACTICE - Paper delivered at Society of Maritime Arbitrators meeting at the Downtown Athletic Club January 19, 2000 by George B. Freehill, Partner
JUDICIAL REVIEW OF ARBITRAL AWARDS -- "MANIFEST DISREGARD OF LAW" STANDARD - Published in The Maritime Advocate, Issue 16, October 2001 at pp. 24-26 by Don Murnane, Partner

CARGO:

ALL PACKAGES ARE NOT CREATED EQUAL - Published in the P&I International July 1992 by Eric E. Lenck, Partner
ECONOMIC LOSSES DUE TO DELAY - Paper delivered at Freehill Hogan and Mahar Cargo Seminar on September 18, 1998 by Wayne D. Meehan, Partner
JURISDICTION: THE IMPACT OF SKY REEFER - Paper delivered at Freehill Hogan and Mahar Cargo Seminar on September 18, 1998 by Eric E. Lenck, Partner
OIL SPILLS - BILL OF LADING AND CHARTER PARTY ISSUES - Paper delivered at the Freehill Hogan and Mahar Oil Spill Symposium, May 19, 2000 by Eric E. Lenck, Partner
REFRIGERATED CARGO CLAIMS, COMMON CAUSES AND COGSA DEFENSES - Paper delivered at Freehill Hogan and Mahar Cargo Seminar on September 18, 1998 by James L. Ross, Partner
US CONGRESS CONSIDERS NEW COGSA - Published in the West of England Annual Review 1996 by Eric E. Lenck, Partner

CHARTER PARTY:

CARRIAGE OF GOODS BY SEA LEGISLATION AND INTERNATIONAL MARITIME ARBITRATION - Paper delivered at Barcelona Shipping Law Forum - Opus 2002 - December 9, 2002, by Don P. Murnane, Partner
WHEN THINGS GO WRONG:SHORE/SHIP BREAKDOWN, EXPLOSION, COLLISION, STRIKE AND BOYCOTT - Paper delivered at the Bimco Tanker Seminar, September 30, 1999 by Eric E. Lenck, Partner

CIVIL ENVIRONMENTAL:

POLLUTION UPDATE: UNITED STATES OPA - 1990 - CRIMINAL SANCTIONS AND INVERVENTION POWERS - SIGNIFICANT DEVELOPMENTS IN THE STATES INCLUDING CIVIL LIABILITY - Paper delivered at the Tulane London Seminar in May, 1998 by Patrick Bonner, Partner
RECENT DEVELOPMENTS IN REGULATIONS AND SALVAGE - Paper delivered at the Freehill Hogan and Mahar Oil Spill Symposium, May 19, 2000 by Patrick Bonner, Partner

COLLISION:

IS IT PREMATURE TO ENACT REGULATIONS ON ELECTRONIC CHARTS? - Paper delivered at The Second International Conference on Maritime Law and the Electronic Chart; at New Orleans March 13, 1995 by Patrick Bonner, Partner
USCG AND NTSB INVESTIGATION AND HEARING PROCEDURES - Paper delivered at the Freehill Hogan and Mahar Oil Spill Symposium, May 19, 2000, by Wayne Meehan, Partner

CRIMINAL ENVIRONMENTAL:

Sometimes, The Best Defense is a Good Offense - Article by FHM partner Tom Russo, which appeared in the April 2010 issue of The Arbitrator, outlining steps which shipowners and managers can take to build a due diligence defense to charges of oily water separator violations.
FREEHILL HOGAN & MAHAR PARTNER ADVISES ON OILY WATER SEPARATOR CASES

Oily Water Separator Violations: Is There A Way Out?- Article by FHM partner Bill Pallas, of which appeared in the May 2008 issue of Britannia News, and has also been reprinted in the current BIMCO electronic newsletter.

FREEHILL HOGAN & MAHAR PARTNER PARTICIPATES IN SYMPOSIUM

On April 16, 2008 Partner Thomas Russo participated in a day long symposium regarding oil spill response conducted by Gard N.A. Tom will be a member of a panel addressing Criminal Issues and Risk Management.
CRIME AND THE SEA - Paper delivered at the Mariners Club Seminar in Houston, 1991 by Thomas M. Russo, Partner
CRIMINAL LIABILITY FOR POLLUTION - Paper delivered at Pacific Admirality Seminar in San Francisco, 1994 by Thomas M. Russo, Partner
CRIMINAL LIABILITY IN MARITIME ACCIDENTS - DRI Admiralty and Maritime Law: Selected Topics, pgs. 43-56, 1999 by Thomas M. Russo, Partner
CRIMINAL RESPONSIBILITY OF SHIPOWNERS - A NEW THREAT IN THE U.S.A.? - Paper delivered at The West of England P&I Seminar in Copenhagen 1997 by Eric E. Lenck, Partner
DEALING WITH US LAW ENFORCEMENT OFFICERS - Article prepared for UK Club Loss Prevention News, September 2003 Issue, by Thomas M. Russo, Partner.
HOW TO PROTECT SHIPOWNERS AND OPERATORS FROM CRIMINAL PROSECUTION - Paper delivered at Tecto/Franship Seafarers Colloquium in Belgium on November 7, 2001 by Thomas M. Russo, Partner
MARITIME CRIME - Paper delivered at ABA ALI Seminar on Environmental Crimes in Washington D.C., 1999 by Thomas M. Russo, Partner
MARITIME CRIMINAL LIABILITY - Paper delivered at the American Petroleum Institute in San Francisco, 1999 by Thomas M. Russo, Partner
MISTAKE AND PUNISHMENT - Paper delivered at Australia/New Zealand Maritime Law Association in Canbara, Australia, 1999 by Thomas M. Russo, Partner

OTHER:

MARITIME LIENS FOR NECESSARIES - THE POSITION UNDER U.S. LAW - Delivered by William Juska on December 4, 2009 at the Borden Ladner Gervais LLP annual Maritime Law Seminar in Montreal.
Papers delivered at Lorman Educational Services Seminar August 2008 and August 7, 2008
by John F. Karpousis, Partner.
- COVERAGE AND JURISDICTION UNDER THE LONGSHORE AND HARBORWORKERS' COMPENSATION ACT: PART I
- THIRD PART HARBORWORKERS' CLAIMS IN MARINE CONSTRUCTION ACCIDENTS: PART II
THE MLA CODE OF PROFESSIONAL CONDUCT, LESSONS FOR YOUNG LAWYERS - Published in The MLA Report, Doc. No. 776, p. 13930, June 1, 2004, by Lawrence J. Kahn, Partner

PERSONAL INJURY:

US COAST GUARD MEDICAL EVACUATIONS - Published in the July 2010 issue of the UK Club’s publication US Bodily Injury News, co-authored by Dan Fitzgerald of FHM and Karen Hildebrandt of Thomas Miller (Americas) Inc.
"HOW TO AVOID THE PITFALLS OF MARITIME PERSONAL INJURY - WHAT YOU DON'T KNOW COULD HURT YOU": Defenses to Maritime Personal Injury Claims- Paper delivered at Lorman Educational Enterprises, Maritime Personal Injury Seminar August 2007 and August 7, 2008 by John J. Walsh, Partner
BENEFITS OF CYPRUS FLAG AND CYPRUS LAW - Paper delivered at Maritime Cyprus, Nicosia, Cyprus on October 6, 1993 by Patrick Bonner, Partner
DEFENSES TO MARITIME PERSONAL INJURY CLAIMS - Paper delivered at Lorman Educational Enterprises, Maritime Personal Injury Seminar May 12, 2000 by John J. Walsh, Partner
EVALUATING THE VALUE OF A DEATH CASE - Paper delivered at Freehill Hogan and Mahar Personal Injury seminar June 1997 by Patrick Bonner, Partner
LHWCA AND STATE HEARING LOSS CLAIMS - Paper delivered at Signal Conference, March 29th, 1999 by John Karpousis, Partner
MARINE INSURANCE CONSIDERATIONS - Published in the Maritime Law Reporter Volume 11 Number 4 Pages 42-48 by Patrick Bonner, Partner
US WAGE STATUTE: PROGRESS IS BEING MADE - Paper delivered at Connecticut Maritime Association, March 17, 1992 by Patrick J. Bonner, Partner
WHERE TO FILE A MARITIME SUIT? - Paper delivered at The Lorman Seminar, New York, May 11, 1999 by Patrick Bonner, Partner

TERRORISM & PIRACY:

"CSI," "C-TPAT," THE "24-HOUR RULE" AND VESSEL SECURITY PLANS: DO NEW U.S. SECURITY PROGRAMS RESULT IN NEW LIABILITY ISSUES? - Published in the BLG Annual Maritime Law Seminar December, 2003 by Lawrence J. Kahn, Partner, Don P. Murnane, Partner and James L. Ross, Partner
DO NEW U.S. CUSTOMS PROGRAMS RESULT IN NEW LIABILITY ISSUES? - Published in the Malaysian Shipping Press January, 2003 by William L. Juska, Partner, and Lawrence J. Kahn, Partner
FRAUD, THEFT AND PIRACY, ALIVE AND WELL AS WE ENTER THE NEW MILLENNIUM - Paper delivered at Freehill Hogan and Mahar Cargo Seminar on September 18, 1998 by Peter J. Gutowski, Partner
INSURANCE AND LIABILITY ISSUES RELATING TO AN OIL SPILL CAUSED BY TERRORISM - Paper delivered at the Tulane Admiralty Institute in New Orleans, LA on March 20, 2003 by Patrick J. Bonner, Partner
MARITIME TERRORISM - Paper delivered to the International Association of Counterterrorism and Security Professionals on May 19, 2003 by Lawrence J. Kahn, Partner
MARITIME TERRORISM AND REGULATORY CONCERNS - Paper delivered at Ecology & Environement, Inc.'s Strategy and Risk: Business Scenarios for a Dangerous World, September 22, 2003, by Lawrence J. Kahn, Partner
MODERN DAY PIRACY: RECENT DEVELOPMENTS - Paper delivered at the Marine Claims Managers Meeting, February 7, 2000 by Larry J. Kahn, Partner