Preti Flaherty’s Post

Dive into Motor Carrier Liability at the 2025 Chicago Regional and Boot Camp! Panel 1: "Motor Carrier Liability" to explore the critical aspects of freight liability. This in-depth session will cover: 📌 Establishing a prima facie case 📌 Burden(s) of proof and damages 📌 Common and statutory defenses, including preemption issues 📌 Claim periods, limitations of liability, and jurisdiction challenges 📌 Insights from Canadian and Mexican legal perspectives 🎙️ Expert Presenters: - Daniel R. Sonneborn, Director, Preti Flaherty (Boston, MA) - Kathleen C. Jeffries, Partner, SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, PROFESSIONAL CORPORATION (Los Angeles, CA) - M. Gordon Hearn, Partner, Gardiner Roberts (Toronto, ON) - Carlos M. Sesma Jr., Partner, Sesma, Sesma & McNeese – Abogados (Mexico City, Mexico) Don’t miss this opportunity to gain actionable insights into motor carrier liability! 👉 Register now to secure your spot: https://bit.ly/41gMQFg.. #TLAChicago #TransportationLaw #LegalInsights

We are delighted with the Legal 500 testimonials received from clients for our Shipping and Transport team published last week. Very much a team effort so well done all, and sincere thanks to all of the clients and contacts who took the time to supply their very positive feedback.  #legal500 #shippinglaw #legaladvice #transportlaw #clients #clientfeedback 

"Amicable Settlement in Transport Claims: A Smooth Path to Resolution" Transport claims, whether they involve damaged goods, delays, or accidents, can lead to disputes between shippers, carriers, and insurers. While litigation can be a lengthy and costly process, amicable settlement offers a more efficient and cost-effective solution. What is Amicable Settlement? Amicable settlement is a process where parties involved in a dispute agree to resolve their differences outside of a formal court setting. This is achieved through negotiation and compromise, facilitated by mutual understanding and a willingness to find common ground. Why Choose Amicable Settlement for Transport Claims? -Time-Efficient: Amicable settlement can significantly reduce the time taken to resolve a dispute compared to litigation, which often involves lengthy court procedures. -Cost-Effective: Legal fees and court costs associated with litigation can be substantial. Amicable settlement eliminates these expenses, making it a more affordable option. -Preserves Relationships: Litigation can strain relationships between parties. Amicable settlement helps maintain positive business relationships, which can be crucial for future collaborations. -Flexibility: Amicable settlement offers flexibility in reaching a mutually agreeable solution. Parties can tailor the settlement terms to their specific needs and circumstances. -Confidentiality: Unlike court proceedings, amicable settlements are confidential, protecting sensitive business information from public disclosure. By opting for amicable settlement, parties involved in transport claims can avoid the stress and expense of litigation while achieving a satisfactory resolution. It's a win-win approach that promotes fairness, efficiency, and harmony in the transportation industry. By choosing us, Blue Recovery Solutions, you can ensure a smooth and efficient resolution of your transport claims. Contact us today to learn more about how we can assist you. ➡️ Message me here on LinkedIn 📩 Abdel.Njiasse@bluerecoverysolutions.com #marinetransport #airtransport #roadtransport #transportlaw #logistics #internationaltrade #BlueRecoverySolutions

The global maritime industry thrives on the intricate dance between shipowners and charterers. This vital partnership is governed by charterparties, contracts that define the terms for the use of a vessel. However, the complex nature of these agreements, coupled with the ever-changing dynamics of seafaring, can give rise to disputes. These disputes can be costly, time-consuming, and disrupt the smooth flow of international trade. Charterparty disputes can arise from various situations, often stemming from ambiguities in the contract itself or disagreements on how its clauses should be interpreted. Disagreements can erupt over the calculation of hire payments, the duration of off-hire periods when the vessel is unavailable due to repairs or other issues, and who bears the financial responsibility during such periods. Disputes may arise regarding the vessel’s speed and fuel consumption, impacting voyage timelines and operational costs. Damage to cargo during transport, shortages upon arrival, or disagreements over cargo quality can lead to significant financial losses and disputes over liability. If a charterer directs the vessel to a port deemed unsafe, disputes can arise regarding potential loss and damage to the charterer for withdrawal of the vessel or to the shipowner for safety of the vessel and crew safety concerns etc. Given the international nature of maritime trade, charterparties often include arbitration clauses. Hence the disputes are mostly resolved through arbitration. In exceptional cases, charter-party hire related disputes may be enforced as an action in rem by filing admiralty suit in a suitable territory as a means of recovery of claim which allows the arrest of the ship in question. This seminar will delve deeper into the arbitration process and navigate the intricacies of this dispute resolution method. The seminar will be conducted in hybrid fashion, where participants can join physically or virtually. Please note we have limited space for physical participation.

LFS ✨ This week, we're soaring to showcase Haynes and Boone, LLP, a prominent international Am Law 100 firm known for its expertise in corporate law, intellectual property, litigation, energy, banking and finance, real estate, labor and employment, and healthcare. Headquartered in #Dallas, spanning 19 offices worldwide, Vault ranks: #9 Best Law Firms in Texas #13 Best Law Firms for Wellness Latinvex 2024 🏆 Latin America's Top International Law Firms #1 Best Law Firm Aviation #1 Best Law Firm Real Estate Law ....twice. ✌🏾 🤩 AND, Haynes Boone boasts a proud DEI culture, achieving Mansfield Rule 5.0 Certification in 2022. 👏🏾 **Jetset tidbit** Haynes and Boone, LLP offers extensive legal services to the aviation industry, representing U.S. and foreign airlines, trade groups, airports, and parts manufacturers. 🛫 The firm excels in airline reorganization and government contracting, providing strategic counsel in regulated environments. Stay tuned for next week's Law Firm Spotlight, where we continue to highlight leading firms in the legal industry! #PPLawFirmSpotlight #HaynesandBoone #LegalExcellence #AviationLaw #DEI #LawCareers #Texas

The shipping industry is grappling with major challenges due to economic fluctuations, geopolitical tensions, and evolving trade policies, all of which affect chartering. A particularly pressing concern is the unilateral termination of contracts, where one party ends an agreement without mutual consent. This can create substantial financial and operational risks for all involved, leading to disputes that can escalate quickly. #anhisa #vietnameselaw #law #lawfirm #shipping #aviation #arbitration #international_arbitration #vietnam #vietnamlaw #Mediation #Negotiation #ANHISALawFirm #ANHISALLC #lawfirminVietnam #VietNamLawFirm #legal For more detailed information about the program, please access: https://lnkd.in/gw2zDkUp

Us Celebrating Constitution Day: The Foundation of Transportation Law On September 17, we honor Constitution Day, commemorating the signing of the U.S. Constitution in 1787. This pivotal document continues to shape many aspects of our legal system, including the framework for transportation law. At the Transportation Lawyers Association (TLA), we recognize the Constitution’s profound impact on transportation law and its role in ensuring the safe, efficient, and equitable movement of goods and people across the country. 📝 It grants Congress the authority to regulate interstate commerce, which includes the movement of goods and people across state lines. This authority forms the backbone of federal transportation regulations, ensuring consistent standards across all states. 📝The Constitution also establishes that federal laws take precedence over state laws, creating a uniform legal system that transportation companies can rely on as they operate nationwide. 📝Additionally, it safeguards the rights of businesses and individuals by ensuring that laws and regulations are applied fairly and consistently, protecting against unfair treatment in the transportation industry. #ConstitutionDay #TransportationLaw #TLA #InterstateCommerce #LegalFramework #UniformRegulations

Shipping contracts are agreements between a carrier and a shipper setting out the terms of transport for specific goods (cargo). Most shipping contracts today are lengthy documents covering shipping costs, risk allocation, shipment handling, and dispute resolution. Standard terms are usually incorporated into the agreement during an online shipment booking process. At ParrisWhittaker, our award-winning lawyers provide expert advice on all aspects of maritime and shipping law. Read more 🚢 https://lnkd.in/ei4vmEJp

Did you know the difference between C.I.F. and F.O.B. shipping? #internationallaw #trasportationlaw #maritimelaw #commerciallaw #shipping #privatelaw

The Chaffetz Lindsey Commercial Litigation Report (Vol. 16) – authored by Charles Scibetta, Andreas Frischknecht, Matthew Burke and – is now available! https://lnkd.in/ec2Mde6P Case summaries include: - Caveat emptor: Foreign purchasers of corporate assets may inherit their seller’s jurisdictional exposure. Court of Appeals: Where one foreign corporation acquires all the assets and liabilities of another, courts may exercise long-arm jurisdiction over the purchaser based on the seller’s New York acts. Lelchook v. Société Générale de Banque au Liban SAL, 2024 WL1661460 (N.Y. Apr. 18, 2024). - London (Margin) Calling: British Retailer’s Effort to Obtain Section 1782 Discovery from Morgan Stanley CEO Fails. Second Circuit: District court did not exceed its discretionary authority in denying plaintiff’s § 1782(a) discovery request on grounds of inefficiency and inconvenience. Frasers Group PLC v. Stanley, 95 F.4th 54 (2d Cir. 2024). - Fifth Circuit holds that courts must “look through” the arbitration to the underlying dispute in determining personal jurisdiction: But foreign corporation was not subject to personal jurisdiction based on domestic subsidiary’s contacts with the forum state. Conti 11 Container Schiffarts-GmbH & Co. KG M.S., MSC Flaminia v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th Cir. 2024). - Homeward Bound: Scots Law Governs Suit Arising from Internal Affairs of Scottish Company. Court of Appeals: In a dispute arising from a company’s internal affairs, the law of the state of incorporation applies unless the state’s interest is “minimal” and New York’s interest is “dominant.” Eccles v. Shamrock Capital Advisors, 2024 WL 2331737 (N.Y. May 23, 2024).