University of Texas School of Law
18th Annual
Admiralty and Maritime Law Conference
Houston Oct 23, 2009 Four Seasons Hotel
Conference Concluded
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UT Law CLE

2009 Admiralty and Maritime Law Conference

Program Features
Professors David W. Robertson and Michael F. Sturley open the 2009 Admiralty and Maritime Law Conference with an overview of recent developments from the Fifth and Eleventh Circuits. Program highlights include bankruptcy issues in admiralty law, piracy in the 21st century, how the Rotterdam Rules will affect U.S. law, Hon. Edith H. Jones on Twenty-Five Years on the Fifth Circuit Court, and more.

UT Law CLE

2009 Admiralty and Maritime Law Conference

11/21/19
Schedule

Friday Morning, Oct. 23, 2009

Presiding Officer:
Julia M. Adams, Sedgwick, Detert, Moran & Arnold LLP - Houston, TX

7:45 am
Registration Opens

Includes continental breakfast.

8:30 am
Welcoming Remarks

8:45 am

1.50 hrs

Recent Developments in Admiralty and Maritime Law at the National Level and in the Fifth and Eleventh Circuits

This paper is the tenth of an annual series that tries to flag everything of genuine importance nationally and everything of sigificant interest from the Fifth and Eleventh Circuits.

David W. Robertson, The University of Texas School of Law - Austin, TX
Michael F. Sturley, The University of Texas School of Law - Austin, TX

10:15 am
Break

10:30 am

0.75 hr
0.25 hr ethics

Heavy Seas and Gale Force Winds: When Ships and Rigs Sail into Bankruptcy

Financially troubled companies frequently seek shelter from the storm in the safe harbor of bankruptcy, sometimes in concurrent filings in the U.S. and a foreign jurisdiction. Admiralty law provides secured creditors with substantial lien rights and self-help remedies, including arrest of the vessel. These rights can be severely impacted or reversed in a bankruptcy case. Practitioners unfamiliar with the waters can easily run aground on bankruptcy substantive and procedural law, exposing their clients, and sometimes themselves, to a variety of penalties. This presentation charts a safe course through frequently encountered obstacles.

David Jungman, Gardere Wynne Sewell LLP - Houston, TX
John P. Melko, Gardere Wynne Sewell, LLP - Houston, TX

11:15 am

0.50 hr

Offshore Oil and Gas Contracting

Contractual indemnities provide valuable protection … when they work. This session provides an overview of current judicial interpretations of indemnity rights with practical techniques for strengthening contractual provisions.

Samantha Kay Trahan, Gardere Wynne Sewell LLP - Houston, TX

11:45 am

0.75 hr

Two Perspectives on the Changed Landscape of Maintenance and Cure

Traditionally, a seaman’s maintenance and cure claim played second fiddle to his Jones Act and unseaworthiness claims. Times have changed. Two adversaries search for an explanation.

Jeffrey Ross Bale, The Bale Law Firm, PLLC - Sugar Land, TX
John C. Schwambach Jr., Stevenson & Murray - Houston, TX

Friday Afternoon, Oct. 23, 2009

Presiding Officer:
David R. Walker, Royston, Rayzor, Vickery & Williams LLP - Houston, TX

LUNCHEON PRESENTATION

12:30 pm
Pick up Box Lunch

Included in conference registration fee.

12:45 pm

0.50 hr

Twenty Five Years on the Fifth Circuit

Hon. Edith H. Jones, Fifth Circuit Court of Appeals - Houston, TX

1:15 pm
Break

1:30 pm

1.00 hr

Dealing with Piracy in the 21st Century

This panel addresses three aspects of piracy. From a ship operator's perspective: prevention, preparedness, and response. From an owner's perspective: how it is handled through marine insurance. From an impact perspective: Where will we be in counter-piracy a year from now? Are there any critical trades that are, or can be, damaged? Will there be more "Somalias"?

Moderator:
Robert H. Nicholas Jr., Phelps Dunbar LLP - Houston, TX
Panelists:
Dennis L. Bryant, Bryant's Maritime Consulting - Gainesville, FL
Panelists:
Ann E. Chapman, Aon Risk Services Southwest, Inc. - Houston, TX

2:30 pm

0.50 hr

The U.N. Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea: The Top Ten Ways that the Rotterdam Rules Will Change U.S. Law

Last December, the United Nations approved a new multilateral treaty (to be known as the Rotterdam Rules) to replace the existing cargo liability regimes — including the 1924 Hague Rules, on which the U.S. Carriage of Goods by Sea Act (COGSA) is based. The U.S. government intends to sign the Rotterdam Rules on September 23, 2009. Thus, changes are coming in the U.S. law governing cargo loss and damage cases. In this presentation, the senior adviser on the U.S. delegation that negotiated the new treaty explains the ten principal ways in which the Rotterdam Rules differ from U.S. law under COGSA.

Michael F. Sturley, The University of Texas School of Law - Austin, TX

3:00 pm

0.50 hr

Punitive Damages in Maritime Law

Miles v. Apex Marine Corp. (1990) was widely read to preclude injured seamen from seeking punitive damages, but Exxon Shipping v. Baker (2008) affirmed an award of punitive damages to commercial fishermen suing for loss of livelihood, and Atlantic Sounding Co. v. Townsend (2009) has now held that injured seamen are entitled to seek punitive damages against employers who willfully or wantonly flout their obligation to provide maintenance and cure. The 5-4 decision in Townsend explicitly leaves open whether seamen can seek punitive damages in Jones Act actions, and it implicitly leaves open a number of other newly pressing questions. This presentation explains the confusion and tries to predict what the Fifth and other Circuits are likely to do with Townsend.

David W. Robertson, The University of Texas School of Law - Austin, TX

3:30 pm
Break

3:45 pm

0.50 hr

It's a Pirate's Life for Me, or How to Seize a Ship in the Southern District of Texas

Judge Johnson discusses current issues arising under Supplemental Rules B and C.

Hon. Nancy Korte Johnson, U.S. District Court, Southern District of Texas - Houston, TX

4:15 pm

0.75 hr ethics

Going for the Gold: Attorneys’ Fees Under the LHWCA

How to ethically apply for and obtain fees in longshore cases.

Thomas C. Fitzhugh III, Fitzhugh, Elliott & Ammerman, P.C. - Houston, TX
Lewis S. Fleishman, Lewis S. Fleishman PLLC - Houston, TX

5:00 pm

0.50 hr ethics

Ethical Issues for the Online Lawyer

Discussion of Internet ethics issues, including firm website content, communication with clients, witnesses, and third parties, legal blogging and social networking, discovery, the problem of the online juror, and internet advertising.

Laura M. Merritt, Wilson Sonsini Goodrich & Rosati - Austin, TX

5:30 pm
Adjourn

UT Law CLE

2009 Admiralty and Maritime Law Conference

Faculty

Conference Faculty

Jeffrey Ross Bale
The Bale Law Firm, PLLC
Sugar Land, TX
Dennis L. Bryant
Bryant's Maritime Consulting
Gainesville, FL
Ann E. Chapman
Aon Risk Services Southwest, Inc.
Houston, TX
Thomas C. Fitzhugh III
Fitzhugh, Elliott & Ammerman, P.C.
Houston, TX
Lewis S. Fleishman
Lewis S. Fleishman PLLC
Houston, TX
Hon. Nancy Korte Johnson
U.S. District Court, Southern District of Texas
Houston, TX
Hon. Edith H. Jones
Fifth Circuit Court of Appeals
Houston, TX
David Jungman
Gardere Wynne Sewell LLP
Houston, TX
John P. Melko
Gardere Wynne Sewell, LLP
Houston, TX
Laura M. Merritt
Wilson Sonsini Goodrich & Rosati
Austin, TX
Robert H. Nicholas Jr.
Phelps Dunbar LLP
Houston, TX
David W. Robertson
The University of Texas School of Law
Austin, TX
John C. Schwambach Jr.
Stevenson & Murray
Houston, TX
Michael F. Sturley
The University of Texas School of Law
Austin, TX
Samantha Kay Trahan
Gardere Wynne Sewell LLP
Houston, TX

Planning Committee

David W. Robertson—Co-Chair
The University of Texas School of Law
Austin, TX
Michael F. Sturley—Co-Chair
The University of Texas School of Law
Austin, TX
Julia M. Adams
Sedgwick, Detert, Moran & Arnold LLP
Houston, TX
Matthew H. Ammerman
Fitzhugh, Elliott & Ammerman, P.C.
Houston, TX
W. Robins Brice
The Caroline Center for Dispute Resolution
Houston, TX
Kenneth G. Engerrand
Brown Sims, P.C.
Houston, TX
Thomas C. Fitzhugh III
Fitzhugh, Elliott & Ammerman, P.C.
Houston, TX
W. Garney Griggs
Strasburger & Price, LLP
Houston, TX
Bradley A. Jackson
Fugro, Inc.
Houston, TX
Daniel Johnson
Sutherland, LLP
Houston, TX
Robert L. Klawetter
Eastham, Watson, Dale & Forney, L.L.P.
Houston, TX
Hollis L. Levy
The University of Texas School of Law
Austin, TX
Peter A. McLauchlan
Gardere Wynne Sewell LLP
Houston, TX
John J. Michael
Vinson & Elkins L.L.P.
Houston, TX
Robert H. Nicholas Jr.
Phelps Dunbar LLP
Houston, TX
John R. Pearson
Gardere Wynne Sewell LLP
Houston, TX
John C. Schwambach Jr.
Stevenson & Murray
Houston, TX
Douglas John Shoemaker
Bell Ryniker & Letorneau
Houston, TX
Eugene J. Silva II
Exxon Mobil Corporation
Houston, TX
Eugene J. Silva Sr.
Vinson & Elkins L.L.P.
Houston, TX
Claude L. Stuart III
Phelps Dunbar LLP
Houston, TX
W. M. Von Zharen
Texas A & M University at Galveston
Houston, TX
David R. Walker
Royston, Rayzor, Vickery & Williams LLP
Houston, TX

UT Law CLE

2009 Admiralty and Maritime Law Conference

Credit Information

MCLE Credit

Texas
7.75 hrs  |  1.50 hrs Ethics
Legal Specialization(s): Civil Trial Law, Personal Injury Trial Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
7.75 hrs
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

TX Accounting CPE
9.00 hrs
Additional Information
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

UT Law CLE

2009 Admiralty and Maritime Law Conference

Key Dates

Houston

  • Last day for Standard Registration early registration: Oct 14, 2009
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Oct 16, 2009
  • Last day for cancellation (partial refund): Oct 19, 2009
    $50 processing fee applied

UT Law CLE

2009 Admiralty and Maritime Law Conference

Hotel / Venue

Houston

Four Seasons Hotel

1300 Lamar St
Houston, TX
713.650.1300 (reservations)
Map

Accommodations

$230.00 good through Oct 1, 2009

Parking Information

Valet $13 per day non-overnight / $28 Ovenight Valet

UT Law CLE

2009 Admiralty and Maritime Law Conference

Sponsors