New York Maritime Services Group

Transcription

1 Maritime Services Group Finance & investment Maritime Energy Natural resources Transport Real estate ICT Corporate Finance Tax Dispute resolution Employment Regulatory London Paris Hamburg Munich Frankfurt Milan Rome Madrid Athens Singapore Bangkok Hong Kong wfw.com May contain attorney advertising

2 Contents 01 Our maritime services practice 03 Experience 04 Team profile 06 Our offices Ranked Band 1 by Chambers USA 2014 for Transportation: Shipping: Finance ʺThis firm has a worldwide reputation for shipping work and the office handles a significant volume of major maritime matters.ʺ Chambers USA

3 OURMARITIMESERVICESPRACTICE 01 Our maritimeservicespractice Watson,Farley&WilliamsNewYorkmaritime servicesgroupprovidestechnicalexcellenceand industryknowledgeacrossallsegmentsofthis market. Ourmaritimeserviceslawyersadviseparticipantsin themaritimeindustryrangingfromfinancialinstitutions andprivateinvestorstoshipowners,operatorsand charterers. Weareexpertsinriskmanagementandour earlyinvolvementhasprovedsuccessfulinmitigating potentialfutureissues. Weadviseonnon contentiousandcontentiousmatters includingcorporatejointventuresandstrategicalliances, commercialcontractpreparationandinterpretation, restructuringadvice,bankruptcy,vessel enforcements, sanctionsandcommercialcontractissues. Ourpriorityistodeliverasuccessfuloutcomeforour clients. Whilewewillseekconsensualsolutionswherever possible,whenmattersareintractable,weprovide strategicandrisk assessedservicesinlitigation, arbitrationandbankruptcyrepresentation. Litigationandarbitration:Weareexperiencedinawide rangeoflitigationandarbitrationdisputes,includingthose involvingcharter,broker,jointventure,commodities tradingandshipconstructionagreementsbeforeu.s. federalandstatecourtsandininternationalarbitration beforetheicc,aaa,icdrandprivate(jams,adhoc,etc.) arbitration. Maritimecontracts:Weadviseonthedraftingofcharter parties(includingbareboat,timeandconsecutivevoyage charters),contractsofaffreightment(coas),ship managementagreements,shipbuildingcontracts, memorandaofagreementandrelatedvesselsale and purchasedocuments,andothermaritimeagreements. Watson,Farley&Williams NewYorkMaritimeServicesGroup

4 02 OUR MARITIME SERVICES PRACTICE Clients say: ʺA quality shop with good people.ʺ Chambers USA 2014 ʺProminent shipping practice with a New York group forming part of its strong international presence...ʺ Chambers USA 2014 Bankruptcy and restructuring: As the maritime industry has faced its share of the financial turmoil across the global marketplace, we have advised on a number of financial restructurings and insolvencies. This is a well established aspect of our practice; we have been involved in almost all of the major shipping related bankruptcy cases in New York, and a large number elsewhere in the U.S., including Chapter 11, since itʹs opening in The teamʹs experience goes back even further to the Hellenic Lines Cases in the 1980ʹs. Foreclosures, arrests and attachments: We often act for creditors to secure and realize on their claims including obtaining pre judgment security through arresting vessels and seizing assets and are considered a leader in this area. We have recently acted to arrest vessels in various ports in the United States and are regularly retained to coordinate and manage fleet arrests and disposals on a global basis. We also provide expert advice in the foreclosure of land based collateral, including equipment, accounts and stock under the Uniform Commercial Code. Acquisitions and joint ventures: We represent public and private companies in the acquisition of shipping and landbased industrial businesses and the negotiation of business combination and cooperation agreements, including joint ventures, trading and marketing agreements. Commodities contract negotiation and drafting: We are experienced in negotiating and drafting contracts for the sale, purchase and transportation of commodities, including blast furnace feedstocks, coal, scrap metal, grain and other bulk materials. This includes risk assessment and mitigation. We use our experience in negotiating these agreements to good effect when representing our clients in related disputes. Sanctions, anti boycott regulations and Foreign Corrupt Practices Act: We advise U.S. and foreign clients concerning the application of U.S. sanctions, anti boycott regulations and the U.S. Foreign Corrupt Practices Act. We have demonstrated our agility in providing advice on these matters at short notice, particularly in relation to recent developments in U.S. sanctions. Environmental laws: We advise on marine regulatory and environmental matters, with an emphasis on laws relating to oil pollution from vessels. This can be particularly important at the corporate structuring stage of a matter. E discovery and litigation holds: Failing to properly preserve documents, especially electronically stored information, can lead to the dismissal of otherwise viable cases. We are experienced in identifying such information and putting in place effective litigation holds and preservation measures which, if done as soon as there is a reasonable prospect of litigation, can make the difference between winning and losing.

5 EXPERIENCE 03 Experience Global Container Lines Bankruptcy Advising an Asian bank as secured lender and as debtor in possession lender to a shipowner and charterer in a Chapter 11 proceeding in the Eastern District of. Marco Polo Seatrade B.V Bankruptcy Representing secured lenders in a Chapter 11 bankruptcy proceeding in resulting in recovery of vessels by the secured lender out of the Chapter 11 proceeding. Omega Navigation Bankruptcy Obtaining recovery on behalf of junior secured lenders in the Chapter 11 bankruptcy proceeding in. Defending Alter Ego Claims Successfully defending vessel owner and related parent companies against alter ego claims in the United States District Court for Southern District of New York arising from an alleged breach of MOA relating to a tank vessel purchase. Terminal Acquisition Representing the worldʹs largest metal recycler in its acquisition of a deep water port facility in New England. Charter Claims Advising on deadfreight claims by a shipowner resulting from a breached supply contract of affreightment after closure of a power plant. Investment Funds Acting as maritime counsel for global investment funds entering into joint ventures to acquire second hand and newbuilding tonnage including advice on newbuilding contracts, charters, supervision and ship management agreements. UCC Advice and Foreclosure Advising a secured lender on foreclosures under the Uniform Commercial Code of collateral pledged by a shipyard including inventory and shares, and instituting suit in the Southern District of to collect debt from the debtor/guarantors. Joint Venture Advising on and documenting the long term joint venture between two major shipping lines to share vessels and terminal operations. Lender Liability Successfully defending a secured lender by obtaining an early dismissal of a federal court action seeking to hold the lender liable for the failure to dispose of collateral in a commercially reasonable manner under the Uniform Commercial Code. Acquisition of Pushboat and Barge Fleet Drafting of bareboat charters for pushboats and barges operating on South American river system and preparing MOAs and other sale and purchase documents for such vessels. Charter Termination Claim Successfully represented the owner/owner s broker in arbitration over charter formation in regard to the charterer s claim of wrongful termination and the owner s response of failure to timely lift subjects. Advice on Sanction/Boycott Regulations Advising clients on the interaction of U.S. sanctions and E.U., U.K. and German blocking regulations. Watson, Farley & Williams Maritime Services Group

6 04 TEAM PROFILE Team profile John Kissane Partner Neil A. Quartaro Counsel Jane Freeberg Sarma Senior Associate John Kissane is a Maritime Services Group partner acting for banks, insurers, commodity traders, industrial concerns and vessel owners, giving him well rounded perspective on business and maritime related matters. He specializes in supporting businesses across corporate and commercial aspects of their day to day business including acquisitions and business combinations, contentious matters involving litigation and arbitration, insolvencies, insurance claims and workouts. John is a graduate of Ft. Schuyler and worked as a licensed merchant officer. He is also a graduate of Tulane University Law School where he was awarded the Order of the Coif and Admiralty Law Award. Neil A. Quartaro is Counsel to the Maritime Services Group. His areas of focus include commercial litigation and arbitration matters (particularly those involving international or maritime issues), electronic discovery, international contract disputes, creditorsʹ rights in US bankruptcy proceedings, obtaining pre and post judgment security, vessel foreclosure, and anti bribery compliance. He also works on international and domestic transactions in the transportation sector, such as commodity sales and purchase agreements, charters, pool agreements, vessel sales and acquisitions, and restructurings. Neil is a graduate of the Fordham University School of Law, where he was an Editor for the International Law Review. Jane Freeberg Sarma is a Maritime Services Group senior associate. She specializes in finance, restructuring and workouts, and maritime litigation and arbitration (with a particular focus on bankruptcy), and advises clients on issues relating to U.S. sanctions, anti boycott regulations and the Foreign Corrupt Practices Act. Jane is a graduate of The Johns Hopkins University and Columbia Law School, where she was a Harlan Fiske Stone Scholar and where she was an Editor of the Columbia Journal of Transnational Law.

7 TEAM PROFILE 05 Alfred E. Yudes, Jr. Partner Christopher Belisle Partner Alfred E. Yudes, Jr. is a Maritime Services Group partner specializing in litigation and arbitration. His experience includes foreclosure and enforcement of security instruments, charterparty disputes, shipbuilding and conversion contracts, vessel sales, container manufacture, purchase and leasing, trading and commodity sales, securities and derivatives, insolvencies and workouts. Al is a graduate of University of the Pacific McGeorge School of Law and the United States Naval Academy. Al is a former Chair of the International Section of the Bar Association. He is also ranked in Best Lawyers, Super Lawyers and rated pre eminent by his peers in Martindale Hubbell AV. Christopher Belisle is a Maritime Services Group partner with a practice focused on commercial, corporate and finance transactions and arbitration in the maritime sector, with a background in oil and gas trade issues and environmental law. Chris s experience includes corporate, acquisition and transactional work, commercial litigation involving loan transactions, securities, swaps and derivatives and representation of creditors in insolvencies and workouts. Chris is a graduate of St. John s University School of Law, where he was Editor in Chief of St. John s Journal of Legal Commentary. Watson, Farley & Williams Maritime Services Group

8 London 15 Appold Street London EC2A 2HB England Rome Piazza Navona, 49 2nd floor int 2/ Rome Italy Avenue of the Americas NY USA Madrid Maria de Molina, Madrid Spain Paris 26, avenue des Champs Elysées Paris France Athens 6th floor, Building B, 348 Syngrou Avenue Kallithea Athens Greece Hamburg Jungfernstieg Hamburg Germany Singapore 6 Battery Road #28 01 Singapore Munich Gewürzmühlstraße Munich Germany Bangkok Unit 902, 9th Floor, GPF Witthayu Tower B 93/1 Wireless Road, Patumwan, Bangkok Thailand Frankfurt Ulmenstraße Frankfurt am Main Germany Hong Kong Units One Pacific Place 88 Queensway, Hong Kong Milan Piazza del Carmine Milan Italy All references to Watson, Farley & Williams and the firm in this publication mean Watson, Farley & Williams LLP and/or its affiliated undertakings. Any reference to a partner means a member of Watson, Farley & Williams LLP, or a member or partner in an affiliated undertaking, or an employee or consultant with equivalent standing and qualification. The transactions and matters referred to in this publication represent the experience of our lawyers. This publication is produced by Watson, Farley & Williams. It provides a summary of the legal issues, but is not intended to give specific legal advice. The situation described may not apply to your circumstances. If you require advice or have question or comments on its subject, please speak to your usual contact at Watson, Farley & Williams. This publication constitutes attorney advertising. Prior results do not guarantee a similar outcome NEW KW KW 07/08/2014 Watson, Farley & Williams 2014