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Chris Abel Leads Troutman Maritime Practice Group

August 02, 2010

Troutman Sanders firm makes a sea change

Posted: July 30, 2010

By Philip Newswanger

philip.newswanger@insidebiz.com

The status quo and law firms are synonymous. So when a law firm makes a change, it is a noteworthy event, even though the change may seem slight or insignificant.

Atlanta-based Troutman Sanders announced last month that it has fine-tuned its Transportation practice.

Instead of one practice serving a spectrum of clients, Troutman Sanders has split its traditional Transportation practice into groups.

The newly renamed Transportation and Logistics practice group will be led by Washington, D.C., partner Charles Hunnicutt, and will be based in the nation's capital. The group advises clients about their multi-modal transportation needs, as well as about third-party logistics, and export and import compliance issues.

The other new practice group - Maritime Law and Government Contracts - will be led by partner Christopher Abel in Norfolk.

The group represents a spectrum of marine and government contracts issues before state and federal courts, the U.S. Congress and a variety of federal regulatory agencies.

In an interview, Abel explained in greater detail his group's responsibilities and scope.

"We have a number of government contract clients in Hampton Roads," he said. "We also have several of our maritime clients here, too. In some cases, there is a local component of a larger out-of-town client.

"For example, Perdue has a grain terminal in Chesapeake. So that part of Perdue's maritime operation is local, even though Perdue does maritime business around the world."

Abel's group is composed of nine attorneys whose primary practice area is Transportation and Government Contracts. Eight of them are in Hampton Roads.

"When you include those attorneys who practice in Maritime or Government Contracts as a secondary practice, our group's membership includes 26 attorneys, of which approximately a dozen are in Hampton Roads," Abel said.

The group handles a broad range of cases, from the purchase of multimillion-dollar yachts, to marine cargo issues, to oil spill cases, to a fatal recreational boating accident in Hampton on July 4.

"Creating a separate practice group lets us focus our resources and attention on the maritime and government contracts aspects of what we do, as opposed to being a discrete component of a more general practice group that included over-the-road, rail and air issues too," Abel said.

"Plus, it makes it much easier for our clients and potential clients to find us on the firm's website and in other advertising and marketing media.

The partners and the of counsel attorneys in the group include Mike Gardner, Dave Sump, John Holloway and Abel, he said.

Abel said admiralty or maritime law is very specialized. It has its own language, federal procedural rules and substantive law distinct from the law of any state.

"Precisely because it is so specialized, and because it requires a strong familiarity with and understanding of seamanship, the sea and the maritime industry generally, the admiralty bar is a relatively small slice of the legal community nationwide and certainly here in Hampton Roads," Abel said.

"Although not as arcane a legal specialty as admiralty and maritime law, much the same could be said of the government contracts practice, too."

Few attorneys practice only maritime law, Abel said.

"What is just as common in our market is for maritime attorneys to have another practice area that supplements their admiralty work," he said.

"Virtually all of us in our practice group routinely handle matters in areas of the law other than admiralty and maritime work, although there often is a 'wet' component or aspect to that other work that we do."

Abel, 53, is a former (not ancient) mariner. His office is cluttered with clues to his background, a model of a U.S. Coast Guard cutter that he built, a photograph of another cutter when he was stationed in the Coast Guard in Puerto Rico and a wall plastered with diplomas.

While with the Coast Guard, Abel managed to finish a master's degree in international relations from Old Dominion University and a law degree from the College of William and Mary.

He has commanded ships and prosecuted murderers and rapists for the U.S. Navy.

But Abel decided his future was elsewhere than the military, so he departed the Coast Guard four years before he could retire.

"I loved my time with the Coast Guard," but he said it was time to go. He was 38. He could have retired when he turned 42.

His entire world had been the military, which guided him and told him what to do. So when he joined the private sector, he was astonished by the fact he could make his own decisions.

"The biggest adjustment was the degree of control over your own life," Abel said, describing his transition to civilian life.

He said the transition was liberating.

"At the end of the day, I made my choice," Abel said.

OPSAIL 2012 - PLANNING BEGINS

July 28, 2010

Operation Sail 2012 and the United States Navy Announce
Norfolk and the Port of Hampton Roads to Host Star-Spangled Banner and
War of 1812 Bicentennial Celebrations

WASHINGTON, D.C. -Operation Sail, Inc. (OpSail) and the U.S. Navy announce the participation of five historic U. S. ports in the forthcoming 2012 events that will commemorate the bicentennial of the War of 1812 and the birth of The Star-Spangled Banner.  The ports include New Orleans, Norfolk/Hampton Roads, Baltimore, and Boston.  Events in 2012 will also include New York City's Fleet Week.

OpSail and the U. S. Navy will bring tall ships, naval vessels, and the Blue Angels flight demonstration team to each port city, beginning in New Orleans in May 2012 and ending in Boston Harbor on July 4, 2012. 

Norfolk and the Port of Hampton Roads will host the OpSail flotilla from June 6-11, 2012, in conjunction with Norfolk's annual Harborfest celebration. 

 "As home to the largest Naval Base in the world and site where many of the battles of the War of 1812 were fought, Norfolk and the Port of Hampton Roads are particularly honored to host this event that recognizes the history of our U. S. Navy", said Paul D. Fraim, Mayor of Norfolk.  "We understand and appreciate the significance of maritime history and events like OpSail that are tremendous opportunities to educate and enlighten our citizens, especially our youth, about our history and the importance of our military forces."

Jose Fuentes, Chairman of Operation Sail 2012, remarked that "The collaborative effort between OpSail, the U.S. Navy and mayors of each of the port cities will prove fruitful to our overall mission. OpSail 2012 will be yet another extraordinary celebration that our nation can add to its long history of proud American commemorations."

 "Working in conjunction with OpSail enables the U.S. Navy to showcase the men and women who currently serve our country," said Adm. Jonathan W. Greenert, Vice Chief of Naval Operations. "By infusing our fleet with the flotilla of tall ships, along with the rich history of the participant cities, we bring America's historic beginnings into the context of a new millennium."

 OpSail has hosted five Fourth of July Parades of Sail in New York Harbor. These have taken place in 1964, in commemoration of the World's Fair; in 1976, the 200th anniversary of the Declaration of Independence; in 1986, to mark the centennial of the Statue of Liberty; in 1992, the 500th anniversary of Christopher Columbus's landing in America and on July 4, 2000, in celebration of the new millennium.  

Norfolk has hosted several major tall ship events since 1964. The most recent, Sail Virginia 2007, commemorated the 400th anniversary of the Jamestown Landing. OpSail 2000 Virginia, which Norfolk organized on behalf of the port of Hampton Roads, took place in celebration of the new millennium. "OpSail 2000 marked the first occasion that the national organization Operation Sail, Inc., partnered with ports outside New York City," said Karen Scherberger, Executive Director of Norfolk Festevents, the local organizing body for the 2012 event. "It was a tremendous honor to be selected by OpSail, Inc. for the 2000 event and to share the national stage with New York and the other selected ports. To be invited twelve years later by OpSail, Inc., and the U. S. Navy to host the 2012 program reconfirms the Port of Virginia's strength and ability to host such events of national and international significance."  

OpSail events incorporate stops at key historic ports along the east coast to showcase tall ships and warships from around the world.  The OpSail 2012 bicentennial celebration will consist of New Orleans, Norfolk/Hampton Roads, Baltimore, and Boston. The New York event will coincide with Fleet Week. Previous OpSail events contributed to the economy of participating port cities through increased hotel bookings, restaurant reservations, sales and new infrastructure. OpSail events historically attract significant national and international coverage in the media.

###

 About Operation Sail, Inc.

Operation Sail, Inc. is a non-profit organization established in 1961 with the endorsement of President John F. Kennedy. Backed by a Joint Congressional Resolution, its mission is to advance sail training and promote goodwill among nations. To date, it has held five international sailing events-in 1964, 1976, 1986, 1992 and 2000-each tied to a landmark historical event and each culminating in a traditional Parade of Sail in New York Harbor. For more information, please visit www.opsail.org.

 About the United States Navy

The U. S. Navy is the sea-service branch of the U. S. Armed Forces. The mission of the Navy is to maintain, train and equip combat-ready naval forces capable of winning wars, deterring aggression and maintaining freedom of the seas.  The United States Navy - A Global Force For Good, www.navy.mil, www.history.navy.mil   

About Norfolk Festevents, Ltd.

Norfolk Festevents, Ltd. is a private not-for-profit organization dedicated to producing city celebrations including premier concerts, festivals, ship visits, and special events for the residents and guests of Hampton Roads.  Celebrating its 28th season, Norfolk Festevents has garnered international acclaim for its outstanding quality of programming.  Norfolk Festevents is the official event marketing and production agency for the City of Norfolk.

Ventalation Procedures in Shipyard Employment

July 26, 2010
OHSA Alliance Developed Resource
The next in the OSHA Alliance series of Safety Alerts, Ventilation Precedures in Shipyard Employment  has just been released. Please use this Alert and forward to anyone who might find it useful. Thank you to everyone who provided materials for its development.  
The Alert series is designed as a quick informational resource to be posted on walls, used in musters, etc. Past Alert topics are: Control of Hazardous Energy – Lockout/Tagout (LO/TO) Procedures in Shipyard Employment; Electrocution and Shock Hazards in Shipyard Employment; and Shipyard Sewage and Hydrogen Sulfide, and can be found http://www.shipbuilders.org/issues/SCAandOSHA/tabid/484/Default.aspx.

New Norfolk Naval Shipyard Commander Named

July 16, 2010 Soon-to-be admiral to lead Norfolk Naval Shipyard
  By Meredith Kruse 
  The Virginian-Pilot  
   Meredith Kruse, (757) 446-2164, meredith.kruse@pilotonline.com

 

    Naval Sea Systems Command named a soon-to-be-one-star admiral, Capt. Gregory R. Thomas, as the next commander of Norfolk Naval Shipyard in Portsmouth on Thursday, two weeks after the previous commander was relieved. 

   Thomas has commanded Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility since June 2007. In that role, he returned ships and submarines to duty on time and on budget and developed   a 25-year modernization plan for the shipyard, the Navy said.    

   “He’s done a tremendous job out at Pearl. The Navy thinks that he’s the right man to come in here at Norfolk,” said Jeff Cunningham, a spokesman for the shipyard. 

   The shipyard has not had a flag officer as its commander since 1994, he said.

   Its previous commander, Capt. William Kiestler, was removed after a series of events involving critical maintenance work not being performed according to procedure and a loss of awareness about the status of submarine repairs, the Navy has said. 

   Thomas, a native of Portsmouth, received his bachelor of science degree in mechanical engineering at the United States Naval Academy in 1982. He later earned a master’s degree and doctorate at the Massachusetts Institute of Technology. He’s held several posts related to shipbuilding and maintenance, including a stint in the Navy’s submarine project office in Newport News.

   He is tentatively set to assume command in early September, Cunningham said. 
     PORTSMOUTH 

Virginia Delegation Letter to the SECNAV

July 09, 2010

On July 1st, Senators Webb and Warner, along with the four Congressmen from Hampton Roads, sent a letter to Ray Mabus, Secretary of the Navy, in support of the Secretary of Defense's efforts to trim wasteful Defense spending, improve use of taxpayers dollars, and make every dollar count.

The letter addresses critical issues that are of great interest to the ship repair industry.  Follow the Virginia Delegation letter to SECNAV link to read the entire letter.

NAVSEA Safety Journey

July 09, 2010

On Wednesday, June 30th, Mr. Jim Brice, SEA 04 Safety and Environmental Director, addressed about 85 Safety Professionals from Virgnina Ship Repair Association member companies at the Portsmouth Renaissance Hotel. 

The purpose of the briefing was to inform the private sector ship repairers of the safety improvement efforts that are implemented inside the Naval Sea Systems Command and their shipyards.  Mr. Brice encouraged companies to study their efforts and join in the improvement efforts.

The NAVSEA Safety Journey Presentaion was well received and received many probing questions for Mr. Brice. 

MACOSH Meeting Announced

June 21, 2010

DATES: The Shipyard and Longshoring workgroups will meet on Tuesday, July 13, 2010, 8 a.m. until approximately 4 p.m. (PT), and the Committee will meet on Wednesday, July 14, 2010, from 8:30 a.m. until approximately 4:30 p.m. (PT).

ADDRESSES: The Committee and workgroups will meet at the Renaissance Long Beach Hotel, 111 East Ocean Boulevard, Long Beach, CA 90802 ((562) 437-5900). Mail comments, views, or statements in response to this notice to Vanessa L. Welch, Office of Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; phone (202) 693-2080; fax (202) 693-1663.

FOR FURTHER INFORMATION CONTACT: For general information about MACOSH and this meeting, contact: Joseph V. Daddura, Director, Office of Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; phone: (202) 693-2067. Individuals with disabilities wishing to attend the meeting should contact Vanessa L. Welch at (202) 693-2080 no later than July 13, 2010, to obtain appropriate accommodations.

SUPPLEMENTARY INFORMATION: All MACOSH meetings are open to the public. All interested persons are invited to attend the MACOSH meeting at the time and location listed above. The MACOSH agenda will include: an OSHA activities update; a review of the minutes from the previous meeting; and reports from each workgroup. MACOSH may also discuss the following topics based on the workgroup reports: arc flash guidance; fall protection in commercial fishing; ventilation for welding and allied operations in shipyards; eye protection against radiant energy for welding in shipyards; scaffolding and falls (29 CFR 1915 subpart E); shipbreaking guidance; container rail safety guidance; plugging and unplugging reefer safety; mechanics working in the yard at marine terminals; safely servicing terminal equipment in the yard; and freeing inoperable semi-automatic twist locks (SATLs). Public Participation: Written data, views, or comments for consideration by MACOSH on the various agenda items listed above should be submitted to Vanessa L. Welch at the address listed above. Submissions received by June 29, 2010, will be provided to Committee members and will be included in the record of the meeting. Requests to make oral presentations to the Committee may be granted as time permits.

OSHA Severe Violator Enforcement Directive Effective NOW

June 21, 2010
WASHINGTON – OSHA announced today that the Severe Violators Enforcement Program directive is effective June 18th. The agency announced in April that it was implementing the program to focus on employers who continually disregard their legal obligations to protect their workers.
 OSHA’s SVEP focuses enforcement efforts on employers who willfully and repeatedly endanger workers by exposing them to serious hazards. The directive establishes procedures and enforcement actions for the severe violator program, including increased inspections, such as mandatory follow-up inspections of a workplace found in violation and inspections of other worksites of the same company where similar hazards or deficiencies may be present.
The directive explains that the SVEP is intended to focus enforcement efforts on employers who have demonstrated recalcitrance or indifference to their OSH Act obligations by committing willful, repeated or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe situation; in industry operations or processes that expose workers to severe occupational hazards; exposing workers to hazards related to the potential releases of highly hazardous chemicals; and all egregious enforcement actions.
 Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

2035 Commonwealth Transportation Plan - Public Comment Period

June 17, 2010
2035 VIRGINIA SURFACE TRANSPORTATION PLAN
AVAILABLE FOR PUBLIC COMMENT
The 45-day review process begins June 16, 2010, and ends July 30, 2010
 RICHMONDThe Virginia Department of Transportation (VDOT) and Virginia Department of Rail and Public Transportation (DRPT) have developed the 2035 Virginia Surface Transportation Plan, which provides long-term multimodal transportation suggestions for the commonwealth. The draft plan is available for public review and comment beginning June 16, 2010, and concluding July 30, 2010.
 The 2035 Virginia Surface Transportation Plan represents the first time VDOT and DRPT have organized multimodal proposals in a single plan.
 The plan provides information for potential long-term project development and investment based on the goals identified in VTrans2035, Virginia’s statewide multimodal transportation policy plan. The draft plan includes possible improvements to transit, rail, freight, highway and intelligent transportation systems. Transportation needs identified in the plan are used to help determine highway projects for the Six-Year Improvement Plan.
 The 2035 Virginia Surface Transportation Plan, including a summary map and plan report can be found at www.vtrans.org. Comments can be submitted via e-mail to statewideplan@VDOT.Virginia.Gov between June 16, 2010, and July 30, 2010.
 PLEASE NOTE:  A direct link to the plan website can be found at http://vtrans.org/2035_surface_plan.asp 

Maritime Industry Loses a Wonderful Leader

June 14, 2010

 SMITHFIELD - Robert “Kip” Hinkle, beloved father, husband, friend and captain died Thursday, June 10, 2010. He was born May 23, 1950 in Orangeburg, S.C. He spent his career in   the maritime industry. He was assistant general manager of Virginia Intermodal Management, past president and current chairman of the Board of the Virginia Maritime Association and a director on the Board of the Hampton Roads Shipping Association.

   Kip’s passions in life involved anything on the water, especially fishing and captaining his boat The Palmetto along with his three best girls: wife, Laura Lee and daughters, Lillie and Ellie. Also left to cherish his memory are his mother, Donna Carter; father and mother-in-law, Lawrence and Katie Lee Ashmore; sisters, Brenna Broadway (Chuck) and Donna Leigh Hildebrand (Doug); brothers and sistersin-law, Doug Ashmore (Cathy) and James Ashmore (Susan); many nieces and nephews.   

   Kip was a true Southern gentleman known for his sweet and gentle nature. He was a patient, loving soul who enjoyed working with his hands and learning to play his guitars.     The family would like to express appreciation to Karen Bornstein, R.N., and Dr. Robert Fisher at the Medical College of Virginia. 

    A celebration of Kip’s life will be held at 2 p.m. Monday, June 14, at Smithfield Baptist Church, with the Rev. Gary Barker and the Rev. Tim Lipp officiating. The family will receive friends following the service and at a reception from 3 to 5 p.m. Monday at Gatling Point Yacht Club.  

   The family suggests contributions in memory of Kip Hinkle be made to the Isle of Wight Relay for Life, c/o Pam Jordan, 18214 Farmview Lane, Windsor, VA 23487. Arrangements are in the care of Colonial Funeral Home, Smithfield.