Vincent DeOrchis, Partner

Vincent M. DeOrchis graduated from Fordham College and Fordham Law School. He is admitted to practice before the U.S. Supreme Court, the Federal Courts in New York, as well as the Second, Third, Fourth and Fifth Circuit Courts of Appeals. He has handled many of the leading cases in U.S. Maritime law involving cargo, charter party, limitation of liability and hull claims. He co-authored “Negotiation – An Attorney’s Manual” and “Inside the Minds: Founding a Law Firm.” He served on the Board of Directors of the Maritime Law Association of the United States, and was the chairman of the MLA’s Committee on Carriage of Goods, which has proposed a revision of the U.S. Carriage of Goods by Sea Act for submission to Congress. He has also served on the Board of Directors of New York Maritime, Inc. (NYMAR).

Mr. DeOrchis is a consulting expert to the U.S. State Department in respect to the UNCITRAL project to draft a new international cargo liability instrument. He is a titulary member of the CMI. He has participated as a briefing judge in the Judge John R. Brown National Moot Court Competition. Mr. DeOrchis has been included in “Best Lawyers in America,” and Chambers Global as well as USA listings of ranked lawyers. He has tried numerous cases, appeals and arbitrations throughout the United States during his career.

vdeorchis@marinelex.com

Justin Waytowich, Associate

Justin Waytowich graduated from Colgate University in 2003 and magna cum laude from Syracuse University College of Law in 2006, where he was form and accuracy editor of the law review. Prior to joining DeOrchis & Partners, Justin served as a Judicial Law Clerk to the Honorable Hector R. Velazquez, J.S.C., in Hudson County, New Jersey. He is admitted to practice before the state courts of New York.

jwaytowich@marinelex.com

Nancy E. Zimmer, Associate

Nancy E. Zimmer graduated from Smith College, (B.A., cum laude, 1998), and City University of New York School of Law, (J.D. 2001). She is admitted to practice in the Commonwealth of Massachusetts, and is admitted to the U.S. District Court for the District of Massachusetts, and the First Circuit Court of Appeals, and is a trained mediator. She is also a former commercial fisherman and commercial fishing boat owner.

nzimmer@marinelex.com

William E. Lakis, Of Counsel

William E Lakis graduated with honors from the United States Merchant Marine Academy and cum laude from New York Law School where he was a member of the Law Review. He holds an unlimited United States Coast Guard Third Assistant Engineer’s license. Mr. Lakis was a Senior Engineer with American Bureau of Shipping. He is admitted to practice before the courts of New York and New Jersey and the United States District Courts for the Southern, Eastern, and Northern Districts of New York and the District of New Jersey. He is a member of the Maritime Law Association and the Connecticut Maritime Association. He has handled various maritime and transportation related matters including charter party disputes, cargo damage lawsuits, including those involving major casualties, allision and collision damage claims, vessel construction disputes, yacht damage cases, insurance coverage disputes, and personal injury claims.

wlakis@marinelex.com

Theresa Montalbano Bennett, Of Counsel

Theresa Montalbano Bennett is a Florida Board Certified admiralty and maritime attorney. She specializes in vessel transactions, including marine finance, documentation, regulatory compliance and international registrations for commercial ships and private pleasure yachts. Her maritime litigation practice includes ship mortgage and lien foreclosures, ship brokers’ disputes; crew rights and personal injury claims. Theresa is a graduate from Nova Southeastern University (B.A. 1990) and Nova Southeastern University School of Law (J.D. cum laude, 1993). She is admitted to practice in the state of Florida, the United States District Courts for the Southern and Middle Districts of Florida, and the United States Courts of Appeals for the Eleventh Circuit

tbennet@marinelex.com

M.E. DeOrchis, Of Counsel

M.E. DeOrchis received his law degree from Columbia University and a Master of Laws degree from New York University. He specialized in admiralty litigation in personal injury, and cargo claims at Haight Gardner Poor & Havens for 35 years before founding DeOrchis & Partners in 1984. He is admitted to practice before the U.S. Supreme Court, the First, Second, Third, Fourth, and Ninth Circuit Courts of Appeal. He is a National Executive Committee Member of the Propeller Club of the United States and was honored as “Maritime Person of the Year” in 1992/1993. He is a member of the American Bar Association, Maritime Law Association of the United States, the Defense Law Institute and the General Average Adjusters Association. He has been named to “The Best Lawyers in America” by his peers and has been described by the Journal of Commerce as the “maritime lawyers’ lawyer.” He is Editor of the Firm’s “Client Alert” and an editor of “European Transport Law”. He has been involved in numerous maritime law landmark decisions, especially in the area of the COGSA package limitation. Mr. DeOrchis has designed and written many bills of lading and passenger tickets for ocean carriers.

mdeorchis@marinelex.com

Marshall P. Keating, Of Counsel

Marshall P. Keating formerly a senior partner of Kirlin, Campbell & Keating, specializes in commercial transactions and litigation, insurance and maritime mediation, arbitration and litigation in our New York Office. Mr. Keating graduated from Princeton University (B.A. 1952) and Columbia University (J.D. 1955). Mr. Keating was admitted to the New York Bar in 1956. He is also admitted to practice in the Supreme Court of the United States, the United States Court of Appeals for the Second and Third Circuits, and the United States District Court for the Southern and Eastern Districts of New York. He is a member of the American Bar Association; The Association of the Bar of the City of New York; American Judicature Society; United States Average Adjusters Association; Titulary Member, Comité Maritime International; Treasurer Emeritus of the Maritime Law Association of the United States; Member of the Permanent Advisory Board of Admiralty Law Institute of Tulane Law School; Fellow of the American Bar Foundation; President and Director 80-81st Street Inc., Governor, India House, Inc. and Trustee India House Foundation.

mkeating@marinelex.com

Alexander V. Sansone, Of Counsel

Alexander V. Sansone is a graduate of New York University School of Law. He is admitted to practice before all Courts of the State of New York, the United States District Courts for the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second Circuit. He is a member of the New York State Bar Association, the American Trial Lawyers Association, and the New York State Trial Lawyers Association. He has tried and defended numerous personal injury and wrongful deaths suits in both the State and Federal Courts involving general tort law, maritime losses, products liability and professional malpractice. Mr. Sansone’s areas of practice also include commercial and residential real estate.

asansone@marinelex.com

Jack J. Guidera, Of Counsel

Jack J. Guidera graduated from St. Peter’s College and Fordham University School of Law. He is admitted to practice before the State of New Jersey and United States District Court for the District of New Jersey. His is a member of the Maritime Law Association as well as the Union County Bar Association. Mr. Guidera is a former Municipal Court Judge (1990-1996) and a former Municipal Prosecutor (1981-1989) for the Township of Union; and past president of the Union Township Chamber of Commerce. He handles general civil and criminal litigation, commercial law, real estate and maritime cargo.

jguidera@marinelex.com

James J. Byrnes, Of Counsel

James J. Byrnes graduated from Seton Hall University and Rutgers University School of Law. He is admitted to practice before the State of New Jersey and the United States District Court for the District of New Jersey. He is a member of the Union County Bar Association and is currently the Chairman of the New Jersey State District XII Fee Arbitration Committee. He specializes in commercial law, civil litigation, real estate and wills and estates.

jbyrnes@marinelex.com

David J. Farrell, Jr., Of Counsel

David J. Farrell, Jr. graduated from Williams College (B.A. 1977), Columbia University (M.P.A. 1979), and Duke University School of Law (J.D. 1984). He is admitted to practice in the states of Massachusetts and Washington, the United States Districts Courts of Massachusetts and Washington, the United States Courts of Appeals for the First and Ninth Circuits, and the United States Supreme Court. On the Board of Directors of The Maritime Law Association of the United States since 2006, he currently serves as the MLA Membership Secretary, having chaired its Fisheries Committee and Short Sea Shipping Committee. He maintains a USCG masters license with radar endorsement. He has numerous reported trial and appellate court victories in personal injury defense, vessel casualty, and cargo cases.

dfarrell@marinelex.com

Olivier DuPont, Of Counsel

Olivier DuPont is focusing his practice in complex commercial and maritime litigation. He practiced for four years in corporate/structured finance and commercial litigation for two US law firms (Mayer Brown Rowe & Maw and Latham & Watkins) before joining our firm in 2006. His experience in international business law and his multi-disciplined education in economics (M.B.A, Paris IX Dauphine) and law will enhance the firm’s ability to deal with complex matters and strengthen the firm’s international practice. His areas of practice include international litigation and arbitration of corporate, commercial and transportation disputes, as well as general commercial, corporation, mergers and acquisitions, joint ventures and asset-based transactions. Olivier DuPont graduated from Columbia University School of Law with a Master of Laws (LL.M.) degree and is admitted to the New York State bar. He is also admitted to the Courts of France (J.D., Paris I Sorbonne). He is also counseling companies in transactional matters in the high-tech and transportation industries.

odupont@marinelex.com

Client Alert – Spring 2011

by M. E. DeOrchis
  1. Who pays for the expense of keeping a pirate in prison?
  2. How has the problem of foreign Port Captains obtaining easy travel access to U.S. ports been solved?
  3. Is the sole owner of a corporation liable for the company’s debt?
  4. How was a foreign seaman sailing between foreign ports and arrested on the high seas by the U.S. on drug charges be snared by “Stare Decisis”?
  5. What is holding up adoption of the Rotterdam Rules Convention by the U.S.?
  6. Can suing a carrier in a state court avoid Limitation of Liability of a shipowner?
  7. Why is the U.S. Coast Guard reopening comments for its hazardous Substance Response Plan Rule?
  8. Who is responsible for an oil spill if a ship runs into an abandoned sunken anchor?
  9. Can a U.S. state regulate fuel used by vessels 24 miles off its shore?
  10. Will new FMC Rules allow domestic NVOCCs to negotiate rates?
  11. Can a maritime freight forwarder operate without an FMC license, a bond and insurance?
Filed under Client Alert, News, Updates

by DeOrchis Partners

Vincent M. DeOrchis attended the annual International Law Seminar “Dealing with big casualties in Foreign Jurisdiction” which took place in London on October 19, 2010 and presented his speech “Some Practical Thought and Suggestions on Management of Large Casualties”

Filed under News, Updates

by DeOrchis Partners

The 2010 issue of New York Super Lawyers features the article  “Sea Change – How Vince DeOrchis Helped Update 80-Year-Old Maritime Law”

Filed under News, Updates

Client Alert – Fall 2010

by M. E. DeOrchis
  1. Will a higher carrier limitation of liability provided in a Service Agreement trump the limitation provided in the air waybill?
  2. Does resignation of one of three arbitrators require parties to start over again?
  3. Why do crewmembers often tip off U.S. Coast Guard about hidden “magic pipes” used to discharge oily waste illegally?
  4. Why is comfort afforded to persons in danger not worth much in a salvage situation?
  5. Why should a company hire a lawyer when doing a sensitive internal investigation?
  6. Can a yacht club absolve itself from liability for negligence by including an exculpation clause in its by-laws?
  7. Do statutes of limitation apply to arbitration?
  8. Is the Supreme Court “Regal-Beloit” decision applying U.S. COGSA to rail carriage retroactive?
  9. Do arbitrators decide issues of formation and enforcement of arbitration clauses?
  10. When must a court decide a challenge to enforceability of an arbitration clause?
Filed under Client Alert, Updates

by DeOrchis Partners

Bill Lakis attended his 25th Kings Point Reunion last weekend.


Filed under News, Updates

We represent a broad base of clients from the individual to the Fortune 500 company including many major steamship and cruise lines, vessel owners, operators and managers, Protection & Indemnity Clubs, domestic and foreign insurers, air carriers, railroads and trucking companies.

New York

61 Broadway, 19th Floor
New York, NY 10006
Telephone: (212) 344-4700
Fax: (212) 422-5299
dp@marinelex.com

New York Personnel

Vincent M. Deorchis  vdeorchis@marinelex.com
William E. Lakis wlakis@marinelex.com
Olivier Dupont  odupont@marinelex.com
Justin Waytowich  jwaytowich@marinelex.com
Jorgelina Foglietta  jfoglietta@marinelex.com
Kaspar Kielland   kkielland@marinelex.com
M.E. Deorchis  mdeorchis@marinelex.com
Marshall P. Keating   mkeating@marinelex.com
Alex V. Sansone  asansone@marinelex.com
Todd L. Platek  tplatek@marinelex.com
R. Brett Kelly  bkelly@marinelex.com

New Jersey

1495 Morris Avenue
Union, NJ 07083
Telephone: (973) 467-4740
Fax: (908) 687-0255
dp-nj@marinelex.com

New Jersey Personnel

Jack J. Guidera jguidera@marinelex.com
James J. Byrnes jbyrnes@marinelex.com
William E. Lakis wlakis@marinelex.com

Massachusetts

2355 Main St. P.O. Box 186
South Chatham, MA 02659
Tel: (508) 432-2121
Fax: (508) 432-2334
dp-ma@marinelex.com

Massachusetts Personnel

Vincent M. DeOrchis vdeorchis@marinelex.com
David J. Farrell, Jr. dfarrell@marinelex.com
Nancy E. Zimmer nzimmer@marinelex.com

Areas of Practice

Admiralty and Maritime

Remaining true to its roots, DeOrchis & Partners, LLP, has one of the largest, most experienced and most comprehensive maritime practices in the United States. The Firm handles all maritime matters including collision; casualty investigations, cargo; general average; charter party disputes; drafting of bills of lading and vessel sharing agreements; service contracts; marine terminal contracts; vessel financing, purchase and sale; crewing contracts; as well as vessel arrests and attachments.

Corporate and Commercial

Many of DeOrchis & Partners, LLP’s existing clients have found that our knowledge of their business operations and special needs makes our firm uniquely situated to handle their corporate and commercial needs. Consequently, we are routinely called upon to handle such matters as formation and dissolution of companies, mergers and acquisitions, purchase and sale of businesses, employee contracts, commercial real estate and commercial agreements and contracts of all kinds; as well as providing full litigation support and capability on all commercial matters from collections to defense of professional liability claims.

Government Regulation

With the ever increasing government regulation of maritime activities and commerce, the ability to effectively represent clients in dealings with the United States government, including the Coast Guard, Customs Service, Department of Agriculture, Department of Transportation, Federal Maritime Commission and Interstate Commerce Commission, to name just a few, requires special expertise. DeOrchis & Partners, LLP has decades of experience.

Insurance

DeOrchis & Partners, LLP maintains a substantial insurance practice. Our attorneys are regularly retained by insurers, both foreign and domestic, to provide them with opinions on coverage, as well as litigating coverage disputes and declinations in court and arbitration. We are also retained by insurers to review policies and endorsements for interpretation, as well as drafting policy provisions and endorsements for issuance.

Personal Injury

Drawing upon its hard-won and successful experience in litigating the defense of maritime personal injury actions, DeOrchis & Partners, LLP offers a full range of representation to clients in any type of personal injury or death case. Our lawyers have represented underwriters, vessel owners and operators and other defendants in federal, state and administrative proceedings in which claimants sought damages under the Jones Act, LHWCA and common law for injuries sustained by vessel crew, longshoreman and passengers. We also represent terminals, truckers and other land based operators in motor vehicle and premises liability claims.

Products Liability

With the rise in litigation against manufacturers and sellers of products, DeOrchis & Partners, LLP has risen to the occasion. Our firm represents numerous manufacturers, repairers and sellers of maritime and mechanical products, including ships, recreational boats, engines, machinery and gear. Our attorneys have the technical expertise to provide the products liability defendant with a superior defense to the claim. Through our Marinelex Adjusters subsidiary, we are able to conduct casualty investigations and provide guidance for our clients through any potentially dangerous casualty or situation by undertaking a full incident investigation including the interviewing of witnesses and retaining of experts.

Surface and Air Transportation

As one of the leaders in transportation law, DeOrchis & Partners, LLP it is uniquely positioned to address any issue which may arise in connection with railroad or trucking matters. In addition to common carriers, our firm provides a full range of services to air and ocean freight forwarders, customshouse brokers, indirect air carriers and non-vessel owning common carriers. rounding out its expertise in transportation law, is the firm’s vast experience in handling international and domestic air cargo and related issues, including those arising under the Warsaw Convention and laws of the United States. Our expert legal staff can provide both defense and subrogation of transportation cargo claims, as well as advice and representation on the documentation, cargo security compliance and violation; and the drafting of carrier agreements, bills of lading, circulars and service contracts.

Toxic Tort Litigation

DeOrchis & Partners, LLP, has been involved in defending asbestos, benzene and other toxic tort claims for a wide variety of clients from the very beginning of this unique and highly specialized type of litigation. The Firm’s experience is available to its clients to protect their interests in any type of multi-party tort litigation.

Capabilities

  • Administrative Law
  • Admiralty
  • Air Freight
  • Appellate Practice
  • Arbitration
  • Bankruptcy
  • Bonds
  • Business Immigration
  • Cargo Claims and Loss
  • Charter Party
  • Coast Guard Matters
  • Collision and Hull
  • Corporations
  • Cruise Line Litigation
  • Customs and Immigration
  • Customs Brokers
  • Employment Law
  • Environmental
  • Export Control Matters
  • Federal Litigation
  • Fisheries
  • Freight Collection
  • Freight Forwarders
  • General Average
  • Hazardous Materials
  • I.C.C. Matters
  • Insurance Coverage & Defense
  • International Trade
  • Leasing
  • Maritime Security
  • Motor Carriers
  • NVOCC & NAOCC
  • Ocean Carriers
  • Personal Injury Litigation
  • Pollution
  • Product Liability
  • Railroads
  • Recreational Boating
  • Salvage
  • Stevedore and Terminal Liability
  • Tug and Barge Claims
  • Toxic Torts

Trainee Program

To apply, please fill out this online form, or, alternatively, print out this PDF version and mail it to our New York address.

The trainee program at DeOrchis & Partners, LLP, has been successfully operating for more than 25 years. It has permitted over 80 foreign lawyers (and a few P&I Club claims handlers) with an opportunity to observe firsthand the practices of maritime and transportation law. The trainees have come from more than 16 countries including the United Kingdom, Italy, Sweden, Norway, Spain, Germany, Netherlands, New Zealand, Singapore, Greece, Guatemala, Mexico and Israel.

The goal of our program is to provide trainees with a practical and realistic exposure to the operation of a litigation firm specializing in maritime and transportation laws. The program allows trainees to work side-by side with all of the lawyers in our office in much the same way as a new associate attorney. Trainees are taught how to perform legal research under the American Common Law system, including computerized research on Lexis. Trainees are also involved in investigation and factual research including analysis of documents and files. On occasion, there is an opportunity to assist in on-board ship inspections, at local or distant ports.

Trainees are encouraged to accompany lawyers to court for hearings, motions, trials and appeals. They are also invited to attend arbitration proceedings and mediations. Trainees are expected to assist the trial attorney wherever possible. We also arrange, when possible, for trainees to attend client meetings and negotiations with opposing lawyers and to sit in on strategy discussions.

Emphasis is placed on speaking and writing proper English. Consequently, trainees are normally required to draft letters, memos, legal pleadings, opinions, and reports.

Informal lectures are given from time to time by the legal staff on various subjects including evidence, procedure, jurisdiction and substantive laws. Trainees are also encouraged to learn about law firm management by participating in the general activities of the firm, including assistance to the managing attorney, library, accounting and filing departments.

All trainees are encouraged to attend legal forums and seminars outside the office, including those given by the Maritime Law Association, The Society of Maritime Arbitrators, and the Marine Insurance Claims Association. Furthermore, on a social level, trainees are invited to firm outings including various lunches and dinners; attend theater and sport functions, or simply grab a beer after work.

Period of Program

To accommodate the number of applicants to our trainee program, the period of the program is limited to three to six months. On occasion, in order to accommodate the number of applications, the period of the program may need to be limited to less than four months. Trainees may elect to stay for a period shorter than the full program length. The firm tries to limit the total number of trainees at any time to a maximum of 2 or 3 so as to insure that each trainee has the maximum exposure and attention of the firm and its resources.

Requirements for Application to the Program

  • Applicants should have graduated from a law school outside the United States. Foreign students presently attending a law school outside the United States, or pursuing a Master of Law program in the United States, are also accepted in the program.
  • Applicants must have an interest in maritime and transportation law, which can be established either through taking courses in maritime or transportation law, or by working for a law firm or company whose business is in the maritime or transportation field.
  • Alternatively, the applicant must provide a letter of recommendation from an individual in the maritime or transportation field.
  • Applicants must intend to return abroad after completing the Trainee Program.
  • Applicants must obtain a proper visa for the period of the program.

Visa for the United States of America

Before entering the U.S. you are advised to obtain a visa for your stay in the country. We strongly recommend you to obtain an exchange visitor (J-1) visa or another appropriate visa for your training period, other than a tourist visa waiver.

Please be advised that we cannot issue visas for the applicants. You must contact an organization authorized to issue visas for exchange visitors (J-1). The applications for J-1 visas must be filed with the appropriate authorities approximately three months prior to starting an internship program.

To obtain a J-1 visa you have to contact the American Embassy in your home country for basic information on the procedure to obtain a proper Visa.

http://www.usembassy.gov/

We recommend you contact Interexchange for your visa application. We have been using them for several years and they are fast and effective. You should contact them approximately three months prior to starting an internship program. You can find additional information about Visas on the Inter Exchange web site in the “Career Training USA” Section:

http://www.interexchange.org/

You can also contact the American Bar Association which runs a program called the International Legal Exchange Program (ILEX). The American Bar Association can give you advice about the visa and provide you with the documents you need for your visa application.

http://www.abanet.org/

Insurance and Living Arrangements

All health, dental and life insurance must be obtained independently by the trainee and cannot be provided by the firm. Unfortunately no health coverage can be provided through the office.

Trainees are responsible for making their own arrangements to obtain an apartment or living quarters. It is recommended that applicants speak with existing trainees in our office to get suggestions on living arrangements in New York. There are local newspapers, like the Village Voice, which provide weekly listings of apartments for rent or to share. Please be aware that New York is a relatively expensive place to live, and even a shared apartment can cost over $1000 per month. Many listings can also be found at the following website:

http://newyork.craigslist.org/

We suggest that new trainees arrive in New York a few days before they start with our office so as to have the necessary time to become familiar with the City and search for an apartment. You may want to consider staying at the following places on a weekly rental arrangement until an apartment is located:

Men:
Vanderbilt YMCA
224 E 47th Street (2nd Ave.)
New York, New York 10017
Phone: 212-756-9600

Kolping New York
165 EAST 88 Street
New York, N.Y. 10128
Phone: 212 369 6647
http://www.kolpingny.org/

Women:
Webster Apartments
419 W. 34th Street (9th and 10th Ave.)
New York, New York 10001
Phone: 212-967-9000
http://www.websterapartments.org/

Chelsmore Apartments
205 West 15th Street
New York, NY 10011
Phone: (212) 924-7991
http://www.chelsmore.com/

To apply or to request additional information, please send an e-mail with as subject “Your Name – DeOrchis & Partners, LLP – Trainee Program” attaching your resume to:
Vincent M. DeOrchis: vdeorchis@marinelex.com
Kaspar Kielland: kkielland@marinelex.com

Disclaimer

The information in this website is for the benefit of those that want to learn about DeOrchis & Partners, LLP and its affiliates (collectively “D&P”). The material contained herein is for informational purposes only. The content of this website is of a general information nature and may not reflect current legal developments, verdicts or settlements. The material contained herein is not offered and may not be taken as legal advice or any other advice on any particular matter. The information should not be considered as an indication of future results. Every case is different, and a similar result may not be obtained in your case. D&P, its staff and this website’s authors, expressly disclaim any and all liability in respect to any action undertaken or not taken based on any of the content of this site. Further there are no warranties of whatsoever nature as to anything on this website including whether or not the information contained herein is accurate.

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