Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson's Admiralty & Maritime Group includes nationally-recognized attorneys offering a full range of services to domestic and international clients in the shipping, offshore oil and gas and insurance industries. Our distinguished group includes attorneys selected in the area of maritime law by both Best Lawyers In America® (Maritime Law) and Chambers USA: America's Leading Business Lawyers and recipients of the prestigious Distinguished Maritime Lawyer Award given by the New Orleans Bar Association. We offer multiple language skills and a domestic and international network of correspondent attorneys.

Examples of our recent work include representation of marine and energy clients, including London-market underwriters, protection, indemnity, hull and machinery underwriters, in complex, multi-million dollar litigation resulting from Hurricane Katrina. Other work includes representation of an offshore drilling company defending claims exceeding $80 million arising out of a riser separation incident, which were successfully settled with the participation of London-market underwriters, and representation of a foreign government-owned oil company defending claims exceeding $150 million arising out of the sale of multiple gasoline shipments brought before a New York arbitration panel.

Our attorneys hold memberships include the Maritime Law Association of the United States, the American Bar Association, the World Trade Center, the New Orleans Board of Trade, the Association of Average Adjusters of the United States, the Women's International Shipping and Trading Association, the Comité Maritime International, the National Marine Lenders Association, the Tulane Admiralty Law Institute and the Southeastern Admiralty Law Institute.

Services Available

Litigation

Our primary goal is to avoid litigation through regular review of claims, accurate accident reporting, investigation and notification procedures and, where possible, mediation. In cases where litigation is unavoidable, our attorneys represent clients' interests before regulatory, administrative and arbitral tribunals as well as state and federal courts. The scope of our practice includes:

• Death and personal injury claims, including Jones Act and Longshore and Harbor Workers' Compensation Act
• Property damage and product liability actions
• Collisions, allisions, salvage and wreck removal
• Oil and gas exploration and production casualties
• Business interruption and loss claims
• Towage and stevedore issues
• Maritime liens and vessel seizures
• Shipyard and vessel construction and repair disputes, including builder's risk issues
• Pollution and environmental matters, including discharges and spills
• Occupational exposure and disease claims
• Cargo matters, including freight, demurrage and defense, COGSA claims and general average matters
• Insurance and reinsurance coverage disputes
• Charter party and contract of affreightment disputes
• Regulatory and administrative issues, including those involving the Federal Maritime Commission, Maritime Administration, Minerals Management Service, National Transportation Safety Board, U.S. Coast Guard and U.S. Customs and Border Protection

Transactions

We have extensive transactional experience in:

• Negotiating and drafting contracts involving vessel sale agreements, vessel brokerage agreements, charter parties (time, voyage and bareboat), terminal agreements, towage contracts, bills of lading, contracts of affreightment, salvage agreements, and shipbuilding and ship repair contracts
• Negotiating and drafting oilfield contracts, including master service agreements, helicopter flight agreements, platform boarding agreements, platform installation contracts, fabrication contracts and seismic related contracts
• Marine finance, including sales and purchase contracts, financing agreements, including Title XI, preferred ship mortgages, and marine and energy-related bankruptcies
• Assisting lenders, borrowers and others in offshore oilfield transactions including financing and operating rigs and offshore support vessels under U.S. and foreign flags as well as structuring transactions to accommodate applicable regulatory and tax laws

Representative Matters

• Represented marine paint distributor in nationwide class action and in several other cases for alleged microbiologically influenced corrosion ("MIC") involving approximately 3,000 barges
• Represented one of top ten domestic independent natural gas producers in multi-million dollar suit for vessel damage to platform
• Represented marine financing company in multi-million dollar hull and breach of warranty insurance coverage dispute
• Represented owners, hull and machinery underwriters and P&I Club of a passenger ship involved in a major collision with a bulk carrier at the mouth of the Mississippi River. Substantial hull, machinery and detention damages were sustained by the ships, numerous personal injuries and property damage claims were filed as a result of the collision, and a class action was asserted on behalf of the 1,200 passengers on board the cruise ship. The bulk carrier was found 90% at fault for the collision and the clients were awarded damages of approximately $12 million.
• Represented European financial institution in a first preferred ship mortgage foreclosure action against two parcel tankers in Houston and New Orleans. Numerous competing liens arising under the laws of various foreign countries had to be defended. Client recovered proceeds in excess of $45 million from the public auction sale of both ships.
• Represented a ship owner and P&I Club in a personal injury case involving a longshoreman who sustained crushing injuries when a cargo of zinc ingots collapsed on him during discharge operations. Substantial award to injured longshoreman was reversed on appeal and judgment was rendered in favor of the ship owner.
• Represented vessel interests and their underwriters in claims against the Panama Canal Company, Panama Canal