Ports & Maritime

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With approximately 90 percent of the world’s international trade moving by ship, the maritime industry plays an essential role in the global economy. However, challenges such as port congestion, equipment scarcity and labor shortages, all of which were exacerbated by the COVID-19 pandemic, continue to plague the industry. To address concerns around supply chain problems, the U.S. enacted the Ocean Shipping Reform Act (OSRA) of 2022, granting more enforcement authority to the Federal Maritime Commission (FMC).

Saul Ewing Ports & Maritime attorneys focus on helping clients navigate this shifting regulatory landscape. We assist ports, ocean carriers, marine terminal operators, shippers, domestic and foreign ship owners and those with financial interests related to the ports and maritime industry with their regulatory and operational needs. We routinely counsel clients on the following issues: 

Regulatory Matters

  • Guiding clients through the complex rules governing mandatory and optional FMC filing requirements
  • Counseling on carrier agreements, marine terminal operator agreements, cooperative working agreements and other agreements filed with the FMC. Advising parties to the agreements as well as the agreements themselves on monitoring requirements and other regulatory issues.

Litigation

  • Handling private party complaints involving alleged Shipping Act violations before the FMC
  • Defending clients against alleged Shipping Act violations and other enforcement issues brought by the FMC

Operations

  • Negotiating and drafting maritime terminal leases, pilotage agreements, container agreements, stevedoring agreements and other contracts with port tenants, carriers and other interests
  • Advising on port tariffs, marine terminal operator schedules, detention and demurrage, chassis issues, and maritime-related antitrust issues
  • Counseling on issues arising out of the dormant commerce clause, Federal Aviation Administration Authorization Act, Maritime Transportation Security Act, and similar statutes
  • Assisting port clients with the onshore facilitation of offshore wind projects, including compliance with the Jones Act

We also represent clients before the National Labor Relations Board (NLRB), in the federal courts and in arbitrations; before Department of Transportation entities including the Maritime Administration (MARAD) and the Surface Transportation Board (STB) (domestic ocean shipping only); and before the Departments of Homeland Security (Customs and Border Protection), Commerce, Treasury (CFIUS) and State. In addition, our attorneys have experience with regulatory issues before the U.S. Environmental Protection Agency and the California Air Resources Board and State Lands Commission. 


 

Key Contact
Matthew Antonelli
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Experience

View a selection of our ports and maritime law representations here.

  • A major West Coast port in FMC and federal court litigation over terminal financing and public-private partnerships. 
  • A major Gulf port in FMC litigation, including marine terminal lease disputes with ocean carriers and with marine terminal operators. 
  • Major East Coast ports on issues ranging from longshore labor disputes to Shipping Act compliance.
  • U.S. and foreign-owned ocean carriers in FMC, NLRB and STB litigation, terminal lease disputes and in negotiating marine terminal leases.
  • Cargo owners in negotiating confidential service contracts with ocean carriers.
  • A major trade organization as a party to an agreement filed with the FMC. 
  • An offshore wind developer in advising on compliance with the Jones Act.
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