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The Role Of Maritime Law Attorneys In Pollution Cleanup Cost Recovery Insurance Claims. - A maritime lawyer is a lawyer who specializes in the law related to navigable waters. Like any lawyer, a maritime lawyer must earn a law degree and pass the bar exam. However, these specialist lawyers focus on matters related to maritime law.
There are international rules governing the use of seas and oceans. These rules are called the Law of the Sea. Under the Law of the Sea, this collection of treaties and laws governs activities and behavior at sea, including how people interact and how people conduct business in the world's waters. The law of the sea is primarily concerned with international waters.
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Maritime law applies to incidents that occur in the area of ​​maritime transport. These laws apply to anyone traveling on the high seas, including cruise ships. Maritime law regulates various potential events and activities. including:
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Navigable waters can include any body of water where mariners work, other than vessels tied to the water but not actually afloat. However, stationary ships must be able to move through the water. A person working on a ship built but capable of going to sea would fall within the scope of general maritime law, but a person working on a new ship which is not ready to go to sea.
A collection of international treaties and domestic laws includes the law of the sea. Domestic laws often codify international agreements, creating powers to enforce those agreements at the national level. Maritime law in the United States is primarily federal law.
Modern maritime law is largely derived from British common law principles. The concept of maritime law dates back to the 17th and 18th centuries when sea travel was common. However, the practice of modern maritime law is much broader. The law of the sea today deals with the rules and laws enacted by various nation states. Many aspects of maritime law are recognized internationally through multilateral treaties.
The Intergovernmental Maritime Consultative Organization, or IMO, was established in 1948 and came into force in 1958. This organization ensures that existing international maritime conventions remain relevant. The IMO also develops new treaties as needed. This organization has named three main conventions:
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A maritime lawyer can represent people in court or in settlement negotiations. Maritime lawyers can represent you if your vessel has been damaged or you are the victim of a situation covered by maritime law.
An attorney can help you understand whether maritime law applies to your case. Depending on where your legal issue arises and how it affects commercial water activities, you may or may not be brought under admiralty jurisdiction.
A maritime lawyer is the best resource to go to in these cases, as this type of lawyer has knowledge and experience in water law.
Because state workers' compensation laws for work performed on land do not apply to work performed on a ship, federal law governs claims for wrongful death or personal injury:
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Unlike government workers' compensation claims, most maritime law cases involving personal injuries do not matter who is responsible for a boating accident. Child support and visitation rights apply automatically.
Cases of negligence on the part of the crew or shipowner as well as cases of "unfitness" of the ship fall under the purview of the Jones Act. This federal law allows for the highest possible awards in most state workers' compensation claims. Statutory damages are available under the Jones Act, including:
Individuals seeking full compensation for injuries covered by the Jones Act must pass several tests. These tests include:
Maritime lawyers understand the ins and outs of maritime law. If you are entering into contracts related to ships, international sea voyages, or other situations that may fall within the scope of maritime law, it is important to work with an experienced attorney.
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Kurt Brown has experience advising clients on a variety of franchise, business litigation, transaction and securities law matters. Mr. Brown's honors include: - Super Lawyers Rising Star - The Daily Journal's California Lawyer - USC Public Interest Law Fund Pro Bono Lawyer of the Year Kurt began his legal career in the Los Angeles office of Irel & Manella LLP, where his practice focused on a wide range of complex civil claims, class bank security, class civil litigation issues. Mr. Brown has experience advising M&A and international companies on cyber liability and class action defense. It is accepted in California, Florida, Washington, Illinois, Colorado and Michigan.
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Stephen Stark has over 35 years of experience in business and commercial law, representing start-ups as well as large and small companies and covering a wide variety of industries. Steven has provided winning strategies, valuable advice and highly effective legal advice on business entity formation and organization, drafting key business agreements, trademark and copyright registration, independent contractor relationships and website compliance, terms and conditions and privacy policies. Stephen has also served as general counsel to companies providing software development, financial services, digital marketing and e-commerce platforms. Stephen's professional strategy and client-focused approach to drafting contracts, policies and corporate documents results in favorable results for his clients at a fraction of typical legal costs. Stephen received his J.D. from New York Law School and a B.A. He is at Hofstra University.
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Rhea de Aenlle is a lawyer with extensive experience in data privacy and security (CIPP/US, CIPP/E), GDPR, CCPA, HIPAA, FERPA, intellectual property and commercial contracts. He has over 25 years of legal experience as an in-house attorney, associate and solo counsel at an AM Law 100 firm. Rhea works in start-up and mid-tech companies.
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I am a New York attorney with 10 years as a licensed attorney and over 7 years of experience working with technology companies in the global startup ecosystem. I have hands-on experience advising global startups on legal, regulatory, technology and strategic issues affecting their business and competitive strategy. I am a multifaceted lawyer, a global mind and a business strategist who is changing the approach of business law from a reactive necessity to a proactive tool. My combination of legal and strategic business skills provides concrete, visionary and solution-oriented legal services in the following areas: drafting, revision and negotiation (redlining) of various commercial contracts and license agreements; Drafting and revision of employment contracts; contract management through contract management software; intellectual property rights in influencer marketing (except patent law); and privacy such as GDPR, CCPA/CPRA, LGPD and HIPAA; and the Cybersecurity Act, which includes creating a privacy by design framework. Notable Achievements: Recent certifications in Ironclad Contract Management/Lifecycle Management software, specifically: Contract Owner; basic administration; public procurement workflow; sales workflow; and basic administration of ClickRap; Contribute to the creation of new jurisprudence in international administrative law and international labor; I negotiated high-level contracts in an international capacity, where I achieved positive results for my clients; and acquired skills in business strategy, business growth strategy, strategic planning and execution, and advanced competitive strategy, leading to the publication of My Legal Business Strategy by the leading business practice marketplace.
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Morgan is a real estate attorney with six years of experience in residential, land and commercial real estate transactions. He has experience assisting municipalities, companies, buyers and sellers in real estate matters. He has worked on a variety of projects including purchase agreements, notary deeds, easements, mortgages, access agreements, contract/lease reviews as well as property reviews. Prior to entering private practice, Morgan was a real estate broker assisting buyers and sellers with home sales and closing services. Morgan provides proactive, responsive and reliable work for every client and project.
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Shelia A. Huggins is a 20-year licensed attorney in North Carolina, focusing primarily on business, contracts, arts and entertainment, social media and internet law. He previously served on the Board of Visitors and Advisory Board at North Carolina Central Business University
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