Track record
Complex Commercial Disputes
Routinely advises and represent clients in arbitration and litigation through trial in connection with contract and business tort disputes, price fixing and competition disputes, labor and employment, real estate and land use.
Government Affairs and Advocacy
Advocate for clients in connection with rulemaking and decision-making before governmental bodies including the California Board of Equalizatoin, the Ports of Los Angeles and Long Beach, the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo & Suisun, the Golden Gate Bridge, Highway and Transportation District, California Board of Parks and Recreation and various municipalities.
Governmental Investigations; Fine and Penalty Advice and Advocacy
Advise and represent corporate clients in response to notices of violation, fine and penalty proceedings before state and federal regulatory agencies and authorities including U.S. Customs and Border Protection, the Federal Maritime Commission, Cal OSHA, the United States Coast Guard, often securing mitigation, exoneration or withdrawal of proceedings.
Major Marine and Transportation Casualties
Represented carriers, equipment owners, government contractors and ports/terminals in connection with major casualties including oil spills, other pollution events, catastrophic personal injury and death, and property damage and loss. Litigation often spans multiple proceedings in state and federal courts concurrently with government investigations and regulatory proceedings. Experience includes the 2021 Orange County Oil Spill and the COSCO BUSAN.
Multi-Jurisdictional and Trans-National Disputes
Direct and coordinate with co-counsel around the country and world in connection with commercial disputes and in connection with locating, attaching/arresting and executing on assets. Closely coordinate with co-counsel in jurisdictions including the UK, Germany, Turkey, Hong Kong, China, Italy, Australia and Singapore. Participate in arbitration proceedings in London, Singapore and Taipei.
Public Trust Doctrine and Ports and Terminals
Advise and advocate in relation to the Public Trust Doctrine and related legal principles affecting use of tidelands, submerged lands and ports and terminals. Advise and represent clients in connection with negotiations with port authorities and affected by other regulatory bodies (including the California State Lands Commission).
Reported Opinions
Board of Pilot Commissioners for the Bays of San Francisco, San Pablo & Suisun v. Superior Court, 218 Cal.App.4th 577 (2013); Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics Inc., 2013 WL 1191212, RICO Bus.Disp.Guide 12, 366 (N.D. Cal., March 21, 2013), 913 F.Supp.2d 780 (N.D.Cal. 2012), and 871 F.Supp.2d 933 (N.D. Cal. 2012); 913 F.Supp.2d 780 (N.D. Cal. 2012); and related rulings; Gemini Capital Group v. Yap Fishing Corporation, 150 F.3d 1088 (9th Cir. 1998); Genstar Container Corp. v. Certain Underwriters at Lloyd’s, 2000 U.S. Dist. LEXIS 18741 (N.D. Cal. 2000); Seagate Corporation v. Dalian China Express Int’l. Corp., 169 F.Supp.2d 1142, 1146 (N.D. Cal. 2001); Barbara Lloyd Designs, Inc. v. Mitsui O.S.K. Lines, Ltd., 2003 A.M.C. 2608 (N.D. 2003).
Talks
- Kuehne & Nagel Industry Workshop - March 2020, legal panelist
- 'Adapting to Evolving Regulation and Enforcement Initiatives for Vessel Operations,' 7th Annual Forum on Admiralty and Maritime Claims & Litigation - February 2019, co-presenter
- 'The Legal Implications of BWM (Ballast Water Management) Regulation Enforcement,' BWMTech North America Conference, Miami - September 2018, presenter
- 'A Look At Some Developing Issues in Marina Liability,' Association of Marine Underwriters of San Francisco - November 2017, presenter
- 'Fraud in Maritime Cases,' Clyde & Co Seminar, Tokyo - September 2017, presenter
- 'The Collapse of Hanjin: Lessons Learnt,' Clyde & Co Shipping Week, London - November 2016, panelist
- 'Maritime Arrests and Attachments in the United States,' Clyde & Co Seminar, British Embassy, Tokyo - September 2016, presenter
- 'U.S. West Coast Port Slowdown,' Clyde & Co Shipping Week, London - October 2015, panelist
- 'Things Worth Knowing about Non-Vessel Operating Common Carriers,' Transportation Law Institute - November 2013, presenter
- 'A Punic Web: Statutes and Contracts Affecting the Container Trade,' Pacific Admiralty Seminar - October 2012, presenter
- 'Bill of Lading Issues in the Container Trade,' Thomas Miller Insurance Services - March 2012, presenter
- 'How California's Duty to Defend and Indemnify In Non-Insurance Contracts Affects Insurer Obligations Association of Marine,' Underwriters of San Francisco - May 2011, presenter
- Pacific Admiralty Seminar - October 2010, seminar chair
- 'Maritime Environmental Law,' Pacific Admiralty Seminar - October 2008, session chair
- 'Electronic Discovery in Maritime Law,' Pacific Admiralty Seminar - October 2006, session chair