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Law360 (May 12, 2020, 4:09 PM EDT) --
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| Bryant Gardner |
Today's perspective comes from Washington, D.C.-based Bryant E. Gardner, a partner at Winston & Strawn LLP specializing in the shipping and maritime industry.
What challenges has the pandemic created in your specific area of work?
The workstream has pivoted. A number of transactions have gone on hold, but I've seen an uptick in regulatory questions and legislative initiatives, including those related to COVID assistance, but also more generally, and an uptick in litigation, especially government contracts matters.
I guess everything is COVID-related at least indirectly at this point, but not specifically COVID like the Paycheck Protection Program. The federal government is moving into the economy in a way not seen since World War II and clients are eager to understand the opportunities, challenges, limitations and risks associated with that.
For example, products liability cases under maritime law; questions about certain government contracting registrations; customs duties associated with the importation of repaired vessels; general agency disputes about exclusion of American contractors from government opportunities to ship aid; questions about contracts to build U.S. Department of Defense command "war room" centers and questions about Department of Energy solar projects; bid protests about the supply of military bases in the Caribbean and Europe; questions about the reach of the Federal Maritime Commission and antitrust immunity for the shipping industry; marine pollution enforcement crises and internal investigation issues ...
We've been very fortunate our practice has remained robust. Reopening the office, physically, is going to bring a host of major challenges and changes we're just starting to appreciate.
How are you and your family adapting at home?
We're doing great. The kids think it's fun having us home all the time and I've enjoyed spending more time with them while remaining very productive. We live in a tight inner-city community, so it's been a major change being at home.
What is the most creative or productive response to the crisis you've witnessed so far?
The maritime industry, upon which I focus, has been resilient and has powered through to keep goods moving and the supply chain intact. It's been remarkable, and has taken a great deal of creativity, dedication and hard work.
For example, one client has a whole new crew rotation process that involves testing all crew and pre-boarding isolation protocols to keep a pristine environment on board where quarters are necessarily tight. There are truly some unsung heroes out there.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the organization, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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