Navigating the complex waters of maritime law.
Our seasoned Maritime & Ocean Law team is well-versed in the regulatory and operational frameworks that govern ocean commerce. We have a strong command of the Ocean Shipping Reform Act (OSRA), the Carriage of Goods by Sea Act (COGSA), and Federal Maritime Commission (FMC) regulations. Combined with our close working relationships with FMC leadership, this experience provides clients with valuable insights and effective advocacy in a rapidly evolving industry.
Regulatory Strategy and Commercial Protection
We leverage our extensive regulatory experience with the U.S. Maritime Administration (MARAD), Coast Guard regulations, COGSA, and other key regulations and legislation to deliver proactive legal solutions. Our team anticipates regulatory challenges and protects our clients’ commercial interests—whether it’s negotiating shipping contracts, service contracts, Negotiated Rate Arrangements (NRAs), Non-Vessel Operating Common Carriers Service Arrangements (NSAs), or charter party agreements. We also resolve disputes, including those involving detention and demurrage charges, and ensure full compliance with ocean freight laws.
International Trade and Supply Chain Support
In today’s global economy, many of our clients face international cargo-related issues that cross borders and jurisdictions—particularly when shipping by sea. Our International Trade & Supply Chain team advises on the customs components of ocean law.
Cargo Claims and Dispute Resolution
When cargo is lost at sea, our team helps determine liability and file claims, as well as seek compensation for lost cargo. We regularly advise ocean carriers, Non-Vessel Operating Common Carriers (NVOCCs), Marine Terminal Operators (MTOs), freight forwarders, and other Ocean Transportation Intermediaries (OTIs) on every facet of maritime law—from service contract drafting and tariff publishing to licensing, renewals, and regulatory compliance. We are adept at navigating conflicts involving abandoned cargo, withheld or lost bills of lading, and any detention and demurrage issues. We also assist in negotiating recovery resolutions and structuring agreements for intermodal transport across ocean, rail, and trucking.
Full-Service Legal Support
Husch Blackwell supports businesses managing a range of shipping operations, providing reliable legal support for both single-mode and multimodal transportation.
We offer a comprehensive suite of legal services for maritime clients, including:
- General business consulting (regulatory, mergers and acquisitions, due diligence)
- Contract drafting, revision, and review (NVOCC, agency, broker, carrier, shipper, freight forwarder, warehousing)
- Employment law advice and representation, including enforcement of restrictive covenants, Fair Labor Standards Act (FLSA), class and collective actions, wage-and-hour issues
- Intellectual property and trademark issues
- Representation of software developers in the transportation industry
Representative Experience
Regulatory Compliance and Licensing
- Assisted clients with FMC licensing matters, including renewals, amendments, and defense against revocations.
- Advised NVOCCs with FMC regulatory compliance issues related to bills of lading, service contracts, and invoicing.
- Navigated maritime and air transport clients through complex regulation and compliance matters administered by the FMC, U.S. Customs and Border Protection (CBP), Transportation Security Administration (TSA), Defense Counterintelligence and Security Agency (DCSA), and other governing bodies.
- Reviewed vessel and crew certifications for regulatory and statutory compliance.
- Assisted ocean shippers with requirements pursuant to the U.S. Cargo Preference Act to meet flag vessel requirements imposed by MARAD.
- Advised a global logistics provider on compliance with FMC regulations and international maritime conventions related to cargo security, safety, and hazardous materials transportation.
- Assisted a client who established an electronic shipping auction platform that enables ocean transport companies to compete for freight contracts on a real-time basis. We structured the platform to conform to federal shipping statutes and regulations ensuring the client met the requirements of the FMC and the FMCSA.
- Developed and implemented comprehensive risk management strategies for a maritime logistics company, reducing exposure to legal and operational risks while optimizing vessel and cargo management.
Contract Structuring and Negotiation
- Regularly drafted, negotiated, and revised transportation and maritime contracts for Fortune 500 companies.
- Routinely drafted, negotiated, and revised NRAs, NSAs, and Service Contracts.
- Counseled shippers involved in U.S. domestic trade on structuring agreements with motor carriers, enabling them to act as Property Brokers (licensed by the FMCSA). This allowed shippers to secure cargo from other shippers and optimize the use of container/trailer space during the backhaul portion of transport after their own goods were delivered.
Litigation and Dispute Resolution
- Regularly represent clients in disputes involving cargo damage or loss under COGSA.
- Routinely represent clients in matters involving disputed charges for detention and demurrage.
- Managed litigation related to detention and demurrage fees in federal court, before the FMC, and through the filing of charge complaints.
- Work with the Office of Consumer Affairs and Dispute Resolution Services (CADRS) to obtain demurrage and detention relief.
- Represented shipyards and other interests before MARAD, Military Sealift Command (MSC), Department of Defense (DOD), and other federal agencies.
Cargo Release and Recovery
- Obtained the release of cargo when bills of lading were withheld or lost.
- Negotiated the release of cargo abandoned overseas when the consignee refused to aid in its release.
- Assisted a major shipper in obtaining over $500,000 in refunds from an ocean carrier for demurrage paid when cargo was held by the carrier during an intermodal transaction and was to clear customs at the inland point. This involved the ocean carrier’s inability to provide the appropriate chassis to accomplish the inland routing, as well as the carrier’s failure to change the customs clearance point in a timely manner to the locations where the containers were held. This made it impossible for the importer to clear the cargo. The refund was obtained without requiring litigation.