Our nationally recognized maritime transactional and regulatory practice represents domestic and foreign lenders, private equity, owners, and operators in connection with blue- and brown-water, offshore and other maritime businesses and assets.
These include, but are not limited to, the largest, ocean-going dry bulk, liquid and gas vessels, container ships, cruise lines, drilling rigs, wind farms, offshore supply vessels, ferries, towboats, barges and other marine equipment, whether carrying passengers or cargo. We are intimately familiar with the requirements of the flags of the United States, Liberia, Marshall Islands, Panama, the Bahamas, the Cayman Islands, Jamaica, and Vanuatu, as well as with the procedures of many other national registries—and we work regularly with local counsel in those jurisdictions.
Whether involved in financing transactions, structuring of operations and investments, regulatory compliance, or policies and procedures for effective vessel operations, owners of, lenders to, and investors in maritime operations can rely on Thompson Coburn’s full-service solutions. In fact, because of our knowledge and experience, large global M&A and finance firms regularly ask us to serve as special maritime counsel in transactions involving large investments in maritime businesses, including investments by domestic and foreign venture capital funds and private equity or sophisticated loan or credit facilities for marine businesses coming out of bankruptcy. We assist with regulatory issues relating to the industry, such as qualification under the stringent U.S. citizenship requirements of the Jones Act for investments in U.S. coastwise trade.
One does not “dabble” in maritime law. We offer the specific knowledge, experience, and contacts our clients deserve.
We listen to our clients, building their specific situations into our solutions—always taking a practical, commercial approach.
We offer the same sophistication as our New York, London or Singapore-based competitors, but with boutique service and value.
Our team’s prior experience working “in-house” for maritime regulators and operators provides us with unique insight into our clients’ issues.
structuring & closing maritime deals
We represent traditional and non-traditional lenders and shipowners with their financings of U.S.-flagged vessels and flags of convenience, applying our wealth of experience in structuring and negotiating direct bilateral and syndicated loans; single-investor and leveraged leases; true leases; mortgages; conditional sales agreements; pledges and multiple-layered debt financings and in the private placement of maritime-related debt instruments in the capital markets. We also advise financial institutions and investors on ways to minimize risk and protect their investments in the shipping industry, and are well-versed in bankruptcy matters, workouts, restructuring agreements and forbearance agreements. And when it comes to maritime transactions and the structuring of operations and investments, we are closers. We regularly counsel clients on the structuring of maritime businesses and operations and advise on contractual matters including sale and purchase agreements, bareboat charters, time charters, contracts of affreightment, management agreements, and construction contracts.
achieving regulatory compliance & operational excellence
We work with all the U.S. federal agencies involved with the maritime industry (U.S. Coast Guard, Maritime Administration and Federal Maritime Commission), and with the administrators of various flags of convenience. We assist clients with a wide range of issues affecting the industry, including U.S. citizen owner and operator requirements; Jones Act and coastwise trade; vessel registration in the United States and flags of convenience; Boaters registrations; foreign sales; Outer Continental Shelf operations; U.S. government promotional programs such as Cargo Preference, Title XI financing, the Capital Construction Fund (CCF) Program, and the Maritime Security Program (MSP); and U.S. laws associated with commercial maritime practices. Our attorneys also advise clients on compliance related to all safety, environmental regulations, international conventions, and operating laws that govern the shipping industry.
experience
- Flag of convenience special maritime counsel for publicly traded offshore drilling contractor in connection with multiple business combinations/acquisitions.
- Maritime counsel to private equity firm providing financing to a marine and civil engineering firm company.
- Counsel to several equipment leasing companies in connection with numerous barge transactions under the Foreign Leasing Exception to the Jones Act.
- Counsel to multinational carrier in fleet renewal programme composed of at least a dozen ship construction contracts.
- Counsel to shipowners in connection with MARAD Title XI financing.
- Special maritime counsel to several AM Law 50-100 law firms in connection with various M&A and private equity transactions.
- Counsel to multinational carrier in multiple syndicated loan facilities valued in billions of dollars.
- Counsel to multinational building material conglomerate in connection with operation under the Bowaters Amendment to the Jones Act.
- Counsel to the Export-Import Bank of the United States in connection with the financing of U.S. built drilling rigs for export.
- Counsel to various law firms, shipowners and operators and private equity firms in connection with investments in the marine industry structured to meet the U.S. citizenship requirements for the coastwise (Jones Act) trade.
- Counsel to multinational carrier in structuring operations and intercompany contracts for new business line.
representative clients
- Multinational dry bulk and LPG carrier
- Multinational offshore drilling contractor
- Inland marine transportation services company
- Multinational oil and gas infrastructure developer
- U.S. inland barge owners/operator
- Foreign owner of offshore accommodation vessel
- Multinational conglomerate building material supplier
- Diverse international marine transportation and logistics services company
- Premier multinational banking institutions and regional U.S.-based banks
- Leasing companies with vessels in their equipment portfolios
- Private equity funds (investing in industries and providing marine equipment finance)
