AMLC Committee Call Minutes July 19, 2012, 12:30 Participants: Chris Nolan, Wayne Parker, Chet Hooper,

Harmony Loube Jones, Blythe Daly, Attilio Costabel, Ray Waid, Buford Pollett, Phil Brickman, Sara Geyer, Pamela Schulz, David Garfinkel, Adron Beene, Alastar McGrath, Curtis Mays, Blythe Daly, Pamela Palmer, Paul Kozacky, Norman Stockman, Scott Richards, Jim Koelzer, Ryan Tennett Harmony Loube Jones: prepared minutes
1. ABA Annual Meeting in Chicago o

Chicago Yacht Club luncheon Friday August 3 o Luncheon Set for 12 pm; Al A Carte, Chris Nolan will send additional details to those who RSVP Kozacky & Weitzel, P.C., maritime firm, Chicago, get together
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Their clients consist of boat carriers and occasional cruise line, Gard and Skuld correspondents Invites everyone in town for the ABA conference to stop by for a visit

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Submission to ABA TIPS CLE Board/MLA Event Guard Friday at 1 pm AMLC Business Meeting Saturday August 4 at 7:30 AM Sheraton hotel
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Special guest speaker Gavin O'Hare - CED Update on maritime issues before the House of Delegates per MLA Liaison Jim Bartlett
No maritime matters or resolutions expected, but the hot is-

sue is sharing legal fees with non-lawyers, this generally comes up in the context of UK firms, there is a resolution pending on whether this fee-sharing is inconsistent with the core values of the legal practice
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ABA events: Architectural river boat tour is highly recommended

Section Leadership Breakfast Monday August 6 (AMLC Award)

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Our committee will be receiving a membership award for our efforts

2. Recap of SEALI Conference at Amelia Island (Buford Collins)

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The conference was held in the last week of June; next year it will be held in Savannah, Georgia, all are encouraged to attend, the conference has a broad focus and is not just about regional maritime issues Conference included a review of relevant admiralty decisions in each of the Circuits and the U.S. Supreme Court The Supreme Court granted certiorari in the case of Lozman v. City of Riveria Beach, Florida, 11th Circuit case, the issue is whether a floating houseboat is considered a vessel and thus triggers federal maritime jurisdiction, there have been numerous amicus briefs filed, lots of interest in the case within the maritime community There was also a summary and update on cruise line litigation given by Stephanie Wylie, Michael Winkelman, the issues discussed included the enforceability of arbitration provisions, whether the arbitration provisions are binding on foreign seaman, whether the 11th Circuit will revisit its opinion in Lindo v. Bahamas regarding the enforceability of choice of law provisions in arbitration clauses, enforceability of liability waivers for cruise ship activities, and vicarious liability as applied to medical attention provided onboard cruise ships A summary of criminal and civil liability for maritime environmental violations and recordkeeping offenses was provided by Ben Hagood and Kregory Linsin (Both formerly at DOJ), discussion of circumstances when DOJ actively pursuing vessel owners and operators for recordkeeping violations even when if they cannot prove that you actually committed an environmental crime; Paul Kozacky will post cases regarding vessel owners held liable for medical malpractice on Linkedin

3. Completed July Newsletter - will be published in next week; next newsletter to be pub-

lished in October
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Bill Honan: Can the Master of a Vessel Rightfully Refuse a Charterer's Request to "Correct" a Bill of Lading? Note from the Outgoing Chair: Chris Nolan Note from the Incoming Chair: Laurie Sands Timothy Stalker & Darren Harrison: Ahoy, Captain - Iceberg Dead Ahead. Trade Talk: Interview with Wook Chung (with Photographs) John Cartner: The Private Suppression of Piracy Currently Violates the Rule of Law. Trending Case Update: Jury Finds Overwork of Crew Recoverable Under Jones Act (By Michelle Valdes). Godofredo Mendes Vianna & Lucas Leite Marques: A Time for Discussing the Rotterdam Rules in Brazil
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4. Rotterdam Rules U.S. Update -

Report by Chet Hooper - Special Envoy to the U.S. for the Rotterdam Rules Spain and Togo have ratified the Rules; Sweden was pleased to hear that Togo ratified the rules and felt that it may trigger other African states to ratify as well

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State Department hopes to finish packets this summer and send to the President for review, then the President will likely forward them to the Senate for advice and consent; hopefully there will be no strong opposition in the Senate and if the Foreign Affairs Committee votes it out of the committee it will be sent to the entire Senate for vote; it needs to be approved by 2/3 of the members, if approved it will then be sent to the President for ratification The Rules go into effect one year after the 20th State ratifies; many believe that if the U.S. ratifies, many countries will follow In addition to the Rotterdam Rules, which is a self-executing treaty, there will be conforming legislation for in-land traffic, the Rules will repeal the international parts of COGSA, but will retain COGSA to be incorporated by reference

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5. New maritime case(s) of interest o o

New design defect lawsuit in California re: Costa Concordia Skye v. Maersk - crew working conditions Jury Verdict

6. Recreational Boating Book Update - Mike Daly and Art Severence editors; still ongoing o

New Regulations following the Oyster Bay Incident? Tragedy on July 4th involving the drowning of three children; Senator Schumer is asking for coast guard to issue new regulations about the number of persons that can be on passenger vessels, this issue will be recognized in the recreational boating update. http://www.nytimes.com/2012/07/16/nyregion/parents-of-child-killed-in-capsizedboat-call-for-new-rules.html?ref=nyregion

7. New baby welcome for Vice Chair Jessica Martyn/possibly Ray Waid? 8. Leadership opportunities for committee during new ABA year o Chris will be meeting next week with Laurie Sands to hand over documents, share o

ideas for new coming year There are opportunities to get more involved general committee work, email Chris and Laurie if you're interested in doing so

9. Passing the Torch to Chair Elect Laurie Sands 10. Other business o

Specialty Certification in California: Deadline to apply for certification as a specialist in admiralty and maritime law without an exam is July 24th 2012. See Art Severance and the committee's Linkedin page for further details.

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