Drafting and Negotiating Maritime Agreements: Key Provisions, Transferring Risk, Preserving Market Expectations

Ms. Banegas serves as special counsel in the Maritime Practice Group and is a member of the maritime regulatory team. She advises clients on federal and state maritime regulations to facilitate smooth business operations in the US and internationally. Ms. Banegas advises clients on establishing global operations, preparing for significant projects, and developing compliance programs that support uninterrupted trade and efficient operations. She counsels clients on transportation issues and regulatory compliance. Ms. Banegas represents clients before the Federal Maritime Commission (FMC), the Federal Motor Carrier Safety Administration, and the Federal Trade Commission, as well as in state and federal courts. Her experience includes supply chain regulatory counseling, state investigations, litigation, commercial contracting, and federal regulatory compliance. Ms. Banegas drafts agreements to facilitate international trade and domestic shipping; establishes FMC compliance programs for rules tariff publishing, Negotiated Rate Arrangements (NRAs), and bills of lading terms and conditions; and represents Non-Vessel Operating Common Carriers (NVOCCs), freight forwarders, importers, and exporters in FMC proceedings and appeals.

Mr. Ulfers is a partner in the Maritime Practice Group and a member of its marine transactional and finance team, with an emphasis on midstream marine transportation. He is also a member of the firm’s Energy, Environmental & Natural Resources Industry Team and co-chairs the midstream operations and transportation team. Mr. Ulfers focuses his practice on maritime and corporate law and regularly advises and represents clients in transactional, regulatory, and commercial matters affecting the maritime and energy industries. He has extensive experience in marine finance and the negotiation and drafting of a wide variety of maritime contracts, including vessel purchase and sale agreements, bareboat and time charters, master and spot towage agreements, master service agreements, barge fleeting and mooring agreements, marine-related access agreements, terminal agreements, and vessel repair and construction contracts. Mr. Ulfers also has experience handling a variety of commercial disputes in the maritime, energy, and other industries, including issues related to insurance coverage, indemnity disputes, construction litigation, maritime lien disputes, vessel seizures and attachments, maritime and aviation personal-injury cases, property damage cases, and vessel collisions and allisions.