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EpsteinBeckerGreen attorneys have represented virtually all segments of the maritime industry, including several of the world's largest passenger cruise lines, mid-large cargo carriers and inland and coastwise barge fleets. EBG's broad maritime practice includes:

  • Acquisitions and divestitures of shipping companies and/or their divisions
  • The financing of both U.S. registered and foreign ships
  • Environmental compliance audits, investigations and litigation
  • The negotiation of charter parties and ship management agreements
  • The structuring of shipping businesses to achieve maximum tax efficiency
  • The negotiation of maritime labor agreements and the representation of employees in all manner of labor and employment disputes

We also have represented clients on various regulatory matters before the U.S. Coast Guard, Federal Maritime Commission, U.S. Maritime Administration and the U.S. Environmental Protection Agency (EPA). Our extensive experience makes us an important resource for any client navigating the complex and often multi-jurisdictional legal world of the maritime industry.

Maritime Transactions and Financing

EpsteinBeckerGreen attorneys have completed a wide range of maritime transactions, including acquisitions of major shipping companies, the purchase of single ships and the drafting and negotiation of complex ship construction contracts. In addition to financings related to the transaction described above, our attorneys have handled (both as lender's and borrower's counsel) ship financings, including creative lease financing of U.S. registered and coastwise-endorsed vessels for a large foreign bank and foreign equity investor, Title XI guaranteed financings and financing of non-U.S. registered ships, including fleet financings of over $1 billion. We also have structured and drafted numerous charter parties, ship management agreements and ship joint venture agreements.

Maritime Commercial Litigation

EpsteinBeckerGreen attorneys have represented clients in maritime business disputes in both federal district courts and before domestic and international arbitration panels. Those disputes have involved management agreements, charter parties, environmental related claims, deceptive trade practice claims and insurance coverage disputes (P&I insurance coverage, hull and machinery policies and business interruption coverage).

Environmental and Safety Compliance

EBG attorneys have represented clients in various environmental and safety matters. These matters include developing compliance programs and systems (SMS), conducting audits and representing clients in U.S. Coast Guard and EPA investigations. Our attorneys have worked closely with the Coast Guard on various interpretive issues under both the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL). We also have assisted clients with lobbying efforts at both the state and federal levels regarding environmental legislation and regulations.

Labor and Employment

As of one of the largest labor and employment practice groups in the United States limited to the representation of management, it is only natural that EBG would serve the labor and employment needs of its maritime clients. Our attorneys have advised clients on labor matters and negotiated collective bargaining agreements for both domestic, foreign and cross-border employers with both U.S. maritime unions and foreign unions. We understand the overlapping jurisdictions and regulations affecting shipping companies and the unique aspects of the Jones Act and other issues confronting maritime employers. EBG attorneys routinely handle all types of employment-related litigation, employee benefit plans, executive compensation and labor management relations facing employers generally.

Representative Matters

Our attorneys have experience handling a vast array of maritime matters for clients. Examples of recent successes that we have achieved for our clients include:

  • Closing a ship fleet financing totaling more than $1 billion in loans
  • Formalizing a bond repurchase and refinancing of a distressed cruise company valued at over $1 billion
  • Obtaining vessel arrests of cargo ships to foreclose on preferred ship mortgages
  • Representing a foreign bank and a foreign equity investor in a lease financing transaction involving a fleet of 87 U.S. registered, coastwise endorsed vessels
  • Prevailing in an arbitration dispute on behalf of shipping client to recover business interruption insurance
  • Conducting an internal investigation regarding potential environmental violations and structured an effective safety and environmental management system in conjunction with the client
  • Representing a shipping client in connection with a U.S. Coast Guard and Justice Department investigation into environmental violations that resulted in the non-prosecution of the client
  • Handling acquisitions of cruise lines and a related bank financing
  • Negotiating shipbuilding contracts and associated financings totaling more than $2 billion
  • Negotiating and structuring the purchase of partially constructed U.S. flag ships from the U.S. Maritime Administration following a default under Title XI loan guarantees
  • Representing a shipping company in the defense of a class action penalty wage claim
  • Winning an arbitration award on behalf of a shipping client for the recovery of costs and fees against a Protection & Indemnity Club that denied coverage of environmental violations
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