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United States Supreme Court: Arbitration Agreements May Waive Employees’ Rights to Bring Class Actions

May 22, 2018


By Frank A. Chernak and Miriam H. Straus

In a 5-4 decision, the U.S. Supreme Court held that arbitration agreements between employees and employers waiving employees’ rights to…

Pennsylvania Superior Court Looks to Electronic Media Precedent to Adopt a Standard for Authenticating Social Media Posts

March 28, 2018


By Michael C. Witsch and Robert H. Bender, Jr.

On March 15, 2018, as a matter of first impression, a unanimous panel of the Superior Court of Pennsylvania looked…

New York City Human Rights Law Amended to Mandate “Cooperative Dialogue” with Employees Seeking an Accommodation

February 13, 2018


By Renee Nunley Smith

On January 19, 2018, New York enacted an amendment to the New York City Human Rights Law (“NYCHRL”) mandating that…

New NYC Laws Regarding Smoking

January 12, 2018


By Andrew P. Brucker and Marijana Predovan

Summary Owners of New York City residential buildings consisting of three or more units, whether a rental, a cooperative or…

Does a Co-op or Condo Need a Harassment Policy? Absolutely!

January 10, 2018


By Andrew P. Brucker

Introduction One cannot open a newspaper or listen to the news without hearing the latest reports of harassment.  And although…

Moldy Corn and Wrongful Arrest: The Potential Costs of Sloppy Paperwork

November 21, 2017


By Kaspar Kielland

In Casillo Commodities Italia S.p.a. v. M/V Long Cheer et al., Civ. No. 16-16612 (June 28, 2017), the charterer of…

The Definition of ‘Merchant’ in the Era of Blockchain Technology

November 20, 2017


By Wook Chung

When ocean freight remains unpaid or detention/demurrage charges are due and owing, ocean carriers typically claim against every party identified…

The Shipping Act bars Clayton Antitrust Act Relief

November 20, 2017


By Eric Chang

In re Vehicle Carrier Services Antitrust Litigation, 846 F.3d 71 (3d Cir. 2017), involved claims by plaintiff purchasers of vehicles…

Punitive Damages Ahoy!

November 16, 2017


By Alfred J. Kuffler

In Tabingo v. American Triumph LLC, No. 92913-1 (Wash., March 9, 2017), the Supreme Court of the State of Washington…

Charter Party “No Lien” Clause Enforced

November 16, 2017


By Timothy Semenoro

In Cal Dive Offshore Contractors, Inc. v. M/V SAMPSON, the U.S. District Court for the Southern District of New York…

Sole Third-Party Fault and Limitation of Liability Defenses Under the Oil Pollution Act of 1990 Clarified

November 16, 2017


By Eugene J. O'Connor

The case of US v. American Commercial Lines, LLC, No. 16-31150 (5th Cir. Nov. 7, 2017), is the latest chapter…

Recovery of Purely Economic Damages From Third Parties for an Oil Spill

November 10, 2017


By Robert E. O’Connor

In re Settoon Towing, L.L.C., 859 F.3d 340 (5th Cir. 2017), two flotillas of barges were sailing southbound on the…

Arbitration Clause Narrowly Construed

November 9, 2017


By Eugene J. O'Connor

The case of  Iota Shipholding Ltd. v. Starr Indemnity and Liability Company, 16 cv 4881, 2017 WL 2374359, 2017 A.M.C….

Poorly Written Choice of Law Clause Causes a Dilemma

November 9, 2017


By Vincent M. DeOrchis

A good example of how cases can be treated differently by a court or an arbitration panel can be glimpsed…

Jurisdiction 101 in a Maritime Casualty Case Brought in the U.S.

November 9, 2017


By John J. Levy

This is a good case to tuck away in your files under U.S. “jurisdiction” law.  Following a fire aboard a…

Jurisdiction Clauses Are Enforced

November 8, 2017


By Vincent M. DeOrchis

A recent case from the federal court in New York confirms that jurisdiction clauses are difficult to overcome. In ThyssenKrupp Materials NA,…

Court Finds that P&I Club Member Must Play by the Rules

November 8, 2017


By Peter Tonge

This guest post is authored by Peter Tonge, our 2017-2018 Fall-Winter Maritime & Transportation Intern. In TransAtlantic Lines LLC v….

New Conflict of Interest Law

September 26, 2017


By Andrew P. Brucker

The vast majority of cooperative housing corporations in New York were created under the Business Corporation Law (the “BCL”), and…

New New York City Heating Rules

August 18, 2017


By Howard Schechter and Denise DeNicola

A recent change to the NYC heating regulations will go into effect when the heating season begins on October 1….

Recent Employment Laws Relating to Hiring

May 25, 2017


By Andrew P. Brucker and Marijana Predovan

In the last few years, new state and local laws have changed the types of questions, investigation, and considerations that…