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Employee Benefits Issues for 2017

December 8, 2016

Early 2017 Health Insurance Reporting Obligations The Affordable Care Act established two reporting requirements for employers and insurers.  Each year, an…

CMS Issues Final Requirements for Participation for Long Term Care Facilities: First Complete Update Since 1991

October 11, 2016

Catherine H. Gillespie

On October 4, 2016, the Federal Register published the Centers for Medicare and Medicaid Services revised requirements for long term…

Inventive Allegations of Racketeering on the Rise in Maritime Context

September 8, 2016

Eric Chang

Recently, shippers have been filing suit for cargo damage or loss under the umbrella of the federal Racketeering Influenced and…

When multiple parties seek the attachment of the same cargo via both federal and state courts, the first to serve proper papers wins

September 7, 2016

Alfred J. Kuffler

In Stemcor USA Inc v America Metals Trading LLP, the District Court for the Eastern District of Louisiana recently considered…

The M/V MSC FLAMINIA – Foreign officer estate claims against the vessel interests dismissed

September 1, 2016

Timothy Semenoro

On July 14, 2012, the container ship MSC FLAMINIA suffered a catastrophic explosion and fire, while in the middle of…

Southern District Finds “Separate Entity Rule” No Obstacle to Foreign Arbitration Awards Against Bank Guarantor

August 31, 2016

Ethan Hougah

In Crescendo Maritime Co. v. Bank of Communications Co. Ltd., the District Court for the Southern District of New York considered,…

A Carrier’s Lien on Cargo Already Delivered is Extended to Cargo Subsequently in Carrier’s Possession

August 31, 2016

Alfred J. Kuffler

In World Imports Ltd. v. OEC Group, the United States Court of Appeals for the Third Circuit upheld a carrier’s…

No Sympathy for Spoiled Melons – Service Contract Terms Upheld

August 31, 2016

Vincent M. DeOrchis

Sometimes you just can’t win.  In Sol Group Marketing Co. v. American President Lines, Ltd. before the Southern District of New…

Foreign Filmmaker Subpoenaed at Film Festival “directed” by the Court to Comply

August 31, 2016

Kaspar Kielland

In Probulk Carriers Limited v. Marvel International Management and Transportation, Judge Lewis A. Kaplan of the United States District Court…

OCSLA Choice of Law is Not Waivable, and Maritime Law Not Applicable to Oil and Gas Exploration/Production Activities on the Outer Continental Shelf

August 31, 2016

Melanie A. Leney

In Petrobras America, Inc. v. Vicinay Cadenas, the United States Court of Appeals for the Fifth Circuit handed down two significant…

Typical on deck stowage case poses some interesting questions

August 31, 2016

Vincent M. DeOrchis

In Atwood Oceanics, Inc. v. M/V PAC Altair, the Southern District of Alabama considered what happens when a carrier wants…

Post-Daimler, Courts are split on when foreign and domestic corporate defendants are subject to general in personam jurisdiction

August 31, 2016

Albert L. Piccerilli and Cora A. Dayon

The United States Supreme Court’s decision in Daimler AG v. Bauman has altered the legal landscape as to where a corporate…

Federal Estate and Gift Taxes, Pennsylvania Inheritance Taxes and Measures to Reduce Them

August 9, 2016

Howard Vigderman

Even with the federal estate tax exemption at an historically high $5,450,000 (in 2016) and the estate tax rate at…

Increases in ERISA Penalties Take Effect August 1, 2016

July 26, 2016

Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, federal agencies are required to increase the amounts…

New Jersey Supreme Court Extends Take-Home Exposure Rule

July 18, 2016

Back in 2006, the New Jersey Supreme Court held in Olivo v. Owens-Illinois, 186 N.J. 394, 895 A.2d 1143 (2006),…

What Every Employer Needs to Know About the Defend Trade Secrets Act (DTSA)

May 20, 2016

On May 11, 2016, President Obama signed into law the DTSA, which for the first time provides for a federal…

IRS Issues Guidance on Money Market Funds

May 13, 2016

Last week the IRS issued guidance on two subjects relating to money market funds:  the taxation of contributions by advisors…

O.W. Bunker Litigation in the United States: Contract Supplier and its Assignee have Enforceable Maritime Liens

April 19, 2016

In our previous update concerning OW Bunker litigation in the United States, we discussed orders issued by the United States…

O.W. Bunker Litigation in the United States: maritime liens, interpleaders, and liquidation

March 4, 2016

Physical Supplier Denied Maritime Lien A federal court in the United States recently held that a physical supplier of bunkers was not…

The M/V MSC FLAMINIA – Explosion, Fire, General Average, Limitation, and nearly four years past…

March 3, 2016

On July 14, 2012, the container ship MSC FLAMINIA suffered a catastrophic explosion and fire, while in the middle of…