If you are new to importing goods into the U.S., you may find yourself overwhelmed with the many requirements, restrictions and regulations involved. To this end, a baseline understanding of Customs & Border Protection regulations and requirements is paramount for success. CBP is the nation’s border enforcement agency
US Law Considerations: State of Play Introduction Interesting times we live in. World events, that affect all of mankind, good or bad. Things can change in an instant, as we have witnessed recently. From pandemics, to wars, to economic downturns and recession (or at least significant inflation). Sounds like the proverb
CBP recently issued a ruling, HQ H309672, on July 15th, 2020 relating to wind farm activities (installation of wind turbine generators onto pre-constructed foundations) in the territorial sea off the coasts of Rhode Island and Massachusetts. However, it then swiftly revoked that ruling, HQ H312773, on Aug 3rd, 2020 due
“Alter Ego” liability is easy to allege, but so difficult to prove! But it can be done with some creative thinking, good old-fashioned footwork, and a bit of luck. In Bunge S.A. v. Pacific Gulf Services (Singapore) Pte. Ltd. (April 2020), Bunge sued “PGS-Singapore” to domesticate and enforce a London arbitration award
Neil Klein was featured on the panel at the November, 2017 Pacific Admiralty Seminar in San Francisco. The collapse of OW Bunker, a worldwide supplier of fuel to ships, spawned litigation in many countries and throughout the United States. Providers of fuel, to whom OW had contracted supply of fuel to ships, were left
By: Neil Klein Download PDF Background We have written previously about 28 U.S.C. §1782, a little known but powerful US statute that permits foreign litigants outside the US to obtain discovery in the US for use in “foreign legal proceedings;” this includes litigation as well as arbitration . The evidence obtained unde
Read the Full Article Container company Seaco Global Ltd., based in London, leased about 50,000 containers to Hanjin that it cannot account for, said Neil B. Klein, an Irvine-based attorney representing the company. Right now, he is looking for the location of those boxes. UPDATE: McKasson & Klein was successful to obt
Read the Full Article Neil Klein is quoted, “As far as I am aware, no other vessel within the United States has been arrested.” Related content: CBP Gives & CBP Takes Away – For Now Interpleader; Lessons in OW Bunker Hanjin Shipping collapse leaves up to 15,000 cargo containers piled up
Download PDF The effect of Hanjin Shipping Co., Ltd.’s bankruptcy filing on world trade is significant. As the 7th largest shipping container company in the world, the ripples will spread far and wide, and touch just about every maritime and related entity worldwide. The bite has already been felt in California, with R
Neil Klein was honored to speak at the 3rd Geneva Trade and Shipping Forum in June 2015. He was one of 4 leading lawyers from the UK, US and Continental Europe asked to present topical issues–including legal developments and/or recurring legal issues that impact cross-border businesses and legal disputes. The session a
How does “Alter-Ego” work in a maritime context in the United States? With difficulty, despite suggestions to the contrary! Rule B offers a prejudgment attachment mechanism in maritime cases to obtain jurisdiction over an absent defendant, and to obtain security for plaintiff’s claims. It is known as an “extraordinary
Does the bank interfere with a charter party by foreclosing its mortgage on a vessel? A ship mortgage is contract between a bank and vessel owner for a loan on the vessel, and a charter party is a contract between a vessel owner and charterer for use of a vessel. Different contracts, of course. If the vessel owner defa
The conference was themed “Shipping and Chartering in Challenging Times,” with the opening session being chaired by Neil Klein of McKasson & Klein LLP from California. Neil’s session was titled “restructuring and insolvency trend in the shipping sector – legal implications and cross-jurisdictional strategies.” Jeremy D