For additional information and articles regarding our waterfront property practice, please visit our website: www.waterfrontlaw.com

When you live or work on the waterfront, you face unique issues.  Land can disappear into the water or arise in places that it never was before.  One may have riparian rights or just a water view.  There are unique construction and environmental issues and neighbor issues that are magnified by the water access.  The bottom of the waters can be owned by individuals or the State, the waterfront itself may be owned by a community association, and everyone’s use is subject to the interest of the public in navigation and enjoyment.  Access to the water can be limited by adverse possession or prescription.  These are the issues to which our website waterfrontlaw.com and much of our practice is devoted.

Waterfront property and maritime law are the primary practice areas of Baylaw, LLC.  The firm offers the finest legal representation in the areas of riparian rights and waterfront ownership, and has participated in numerous waterfront property cases before the Maryland Circuit Court, Court of Special Appeals and Court of Appeals.  We represent corporations, individual property owners, community associations, vessel owners, insurance companies, marina operators, boat-builders and surveyors in Maryland, the Mid-Atlantic and around the world.

Our clients seek us out because we focus on a very narrow range of issues — the legal issues of the waterfront.  We look forward to working with you.

When purchasing a new yacht it is imperative to consider the potential liability stemming from sales tax, use tax, employment laws and potential casualties.  Prior to July, 2010, when Florida’s tax cap took effect, we often recommended mitigating these potential liabilities by “flagging” (registering) yachts offshore with a “flag of convenience” country, including the British Virgin Islands, St. Vincent and the Grenadines, and the Marshall Islands.
With Florida’s change however, (see, Florida Tax Cap), there is no longer a strong incentive to flag yachts offshore if they are intrerested in being based in the state of Florida. In many cases, therefore, we are now recommending that offshore boats file the appropriate papers and register with Florida. Many boats will begin to see savings in registration fees, fuel and other carrying costs (as comparted to the $18,000 payment to Florida) in just two to three years. We can assist with that process.

For appropriate boats, however, we can take you through the offshore flagging process by:

• Helping you to choose the correct foreign flag for your yacht
• Forming your “offshore” International Business Company
• Drafting all necessary paperwork to limit contractual liability
• Recording and registering your yacht with our team of agents
• Providing necessary financial, insurance and crewing advice
• Having an attorney attend and coordinate offshore closing
• Ensuring proper Coast Guard approval of your registration

Our firm prides itself on its innovation and understanding of unique yacht transactions, foreign registration, and offshore closings.  If you are considering purchasing a yacht or you have already signed a purchase agreement please contact our attorneys to see if offshore flagging could help to mitigate your liability and save you significant money.

Our insurance practice is closely related to our advanced maritime and admiralty practice.  In maritime and vessel-related casualties we provide litigation support in the areas of:

• Insurance Defense
• Bad Faith Claims
• Excess and Surplus Lines
• General Negligence
• Subrogation and Recovery
• Fraud and Insurance Crimes
• Property and Casualty Insurance
• Reinsurance

In addition to marine insurance litigation, we assist clients in drafting, reviewing and analyzing policy language for marine insurance policies of all types.

In the United States there are many alternative systems for the resolution of disputes.  There are state and federal courts, formal and informal arbitration and mediation systems, and, of course, negotiation and settlement.  There are powerful pros and cons to all of these options.  For instance, government backed courts are essentially free to users, but representation in the courts can be expensive and justice can be slow.  For arbitration and mediation, the proceedings are private, and may more expedient, but there are often significant up-front fees for the arbitrator or mediator, and there may not be an enforceable resolution at the end of the day.  In every forum there are rules and procedures, case law, contract and statutory authority, and facts that are subject to human interpretation.

How does one find a way through such a murky environment?  The answer is simple: representation that is familiar with the issues, rules and venue, and that is willing to work hard for you.  At Baylaw, LLC we provide dispute resolution and civil litigation with a specialized focus on: Admiralty and Maritime, Riparian Rights and Waterfront Property, Insurance Defense and Coverage, Commercial Contracts and Torts, Class Action  law.  You will find our lawyers in state and federal court on many types of cases, but in these areas we bring an additional set of strengths.

Many times we are asked by prospective clients to assess the likely outcome of a case.  To provide such an assessment, we must know the facts of what occurred, the governing law, the rules of procedure, and even then there is often no easy answer.  If you have discussed your case with an an attorney that describes the case as simple or clear cut, you should seek a second opinion.

If you have a matter that requires representation, we invite you to contact us.  We do not handle some areas of the law but our attorneys are always available to evaluate your claim.  If we cannot take your case, we can often assist in locating an attorney in the practice area that you require.

In business, most of the time deliveries arrive on schedule, partners follow through on their commitments, and companies do not compete by using illegal or unethical means.  But what happens when a company breaches a contract and it causes economic injury to others?

At Baylaw, LLC, we have seen what happens when a business relationships completely break down and business owners can no longer work productively, and we know how the legal process addresses broken promises between businesses and individuals.  Our attorneys have significant experience in evaluating commercial contracts and transactions to achieve resolution in a timely matter.   We also have the skill and knowledge evaluate the potential for any tort remedies or defenses that may available to our clients.  We act as zealous advocates for your cause and seek speedy resolution through alternative dispute approaches and litigation.

In commercial contracts, the stakes can be very high — possibly even economic life and death for a business.  Clients need legal representation that anticipates the course of a case and makes recommendations accordingly.  We hope that you will consider contacting us to discuss your matter — we will do our best to bring it to the most favorable conclusion.

CLASS ACTIONS  — CONSUMER PROTECTION

The United States was the first and remains one of the only legal systems that provides a litigation remedy for a class of people, as opposed to individual plaintiffs.  The rationale behind the rule is that there are some economic injuries that touch on a large number of individuals, but the amounts involved are too small to justify legal representation for the individual.  For instance, if a telephone company were to overcharge each of its 10 million customers by a dollar per month, the individuals would have little incentive or power to challenge the charge.  As a group, however, they would have the power to convince the company to cease its wrong conduct.  The class action is the vehicle by which this case could be brought.

At Baylaw, LLC we have tremendous experience in the field of consumer protection class action lawsuits.  If you have you been overcharged by a company, and it is possible that they have overcharged others in a similar way, you may have an important case.  We would be glad to evaluate your claim.  In the event that we decide that a class action is appropriate, if you are one of the plaintiffs, you may be entitled to incentive payments that are significantly above amounts that you have actually lost.  You may also achieve the impossible: stopping a major company from abusive consumer practices.

Businesses, new and old, large and small, need legal assistance.   The team at Baylaw, LLC can assist with your business at every turn, from formation of the entity that is going to conduct the business, to the establishment of the operating agreement that will govern the interrelation between the owners, to ongoing advice and representation once the business is up and running.

We can provide prudent and experienced advice regarding the advantages and disadvantages of every business type from large corporation to single-person limited liability companies.  The attorneys at Baylaw, LLC will ensure that your future and assets are protected and that any potential liability is mitigated from the beginning.

We have formed and served as general counsel for numerous marine, waterfront, non-profit and other businesses in the Chesapeake Bay region.  If you are interested in starting a business or would like some advice on how to further protect your ongoing business please contact one of our experienced attorneys.

Vessel documentation is a national form of registration, which essentially registers the ownership of your vessel with the United States Coast Guard. Your “Certificate of Documentation” essentially replaces a title and registration that you would receive from state authorities.

There are certain minimum requirements that must be met in order to document your vessel; specifically your vessel must be at least 5 net tons, at least 51% of the vessel’s owners must be U.S. citizens, and your vessel must have marking certificate (hull number).

Documentation provides conclusive evidence of nationality for international purposes, provides for unhindered commerce between the states, and admits vessels to certain restricted trades, such as coastwise trade and the fisheries.  Vessel documentation also allows for greater flexibility in obtaining financing. Certain types of mortgages, specifically a “Preferred Ships Mortgage”, are only available to documented vessels and are only available from FDIC approved banks or other lending institutions that have received federal approval.

Baylaw, LLC differs from many “documentation companies” in that we have our staff of attorneys directly handle our clients’ documentation ensuring that the documentation is done correctly and in accordance with maritime legal standards.  If you are interested in documenting your vessel or have questions related to the documentation process, please contact one of our attorneys.

For additional information and articles regarding our boat tax practice, please visit our website: www.boattax.com

Our attorneys are licensed to practice law in the State of Maryland  and for that reason, combined with the tenacity of the boat tax enforcement authorities of Maryland, much of our boat tax work  is centered around Maryland and the Chesapeake Bay.  Our boats and clients, however, move up and down the East Coast from Canada to Florida as well as internationally. We have handled hundreds of boat tax cases with the Maryland Department of Natural Resources, often resulting in a reduction or withdraw of boat tax assessments.  We have worked with hundreds of more boat owners who never face Maryland tax, and instead need advice about other East Coast staes. If you have received a boat tax assessment from the State of Maryland contact our attorneys to discuss your options before contacting any state authority.  If you wish to avoid such a fate, please talk to us before it is too late.

As maritime professionals we understand the transient nature of vessels.  For this reason our attorneys are well-versed and extremely knowledge about the sales, use and personal property tax statutes and regulations of many navigable states beyond Maryland. From time of execution of a contract of sale for a boat it takes a great deal of sophistication to legally avoid sales, use and personal property taxes regardless of the state of purchase.

If you are buying or have purchased a boat for a significant amount of money please contact us for specific legal advice about how to conduct your affairs.  Avoiding sales tax is only the first step, and if done improperly, can bring far worse consequences such as penalties, interest, liens, etc.  There is no substitute for advanced planning and our experienced attorneys  can help you to create a purchase and cruising plan that may be able to help you to legally avoid significant taxation and penalties.

Admiralty and Maritime Law together with Waterfront Property Law serve as the primary practice areas of Baylaw, LLC.  Our experienced attorneys can help to navigate you through the myriad of maritime legal issues that you may encounter, whether you are the owner of a large marine trades business or a weekend recreational boater.

Preferred Ship Mortgages, Maritime Liens and Vessel Arrests
Baylaw, LLC represents a number of clients including individuals marine lenders in the drafting, execution and recordation of preferred ships mortgages and other maritime liens.  When circumstances make the foreclosure of preferred ship mortgages necessary we are experienced in the procedural processes and substantive law to execute the same in an efficient manner.  Because of our connections and relationships with collateral and asset recovery specialists we can easily facilitate the arrest of vessels and arrange for appropriate protections and substitute custodians.

Recreational and Commercial Vessel Transactions
Our attorneys have worked with numerous recreational and commercial vessel purchasers and sellers as well as marine lenders,  brokers and insurance agents over the years to successfully close hundreds of recreational and commercial vessel transactions.  We have the facilities and knowledge to draft all appropriate purchase contracts and documentation to ensure a smooth experience for all parties.  After closing our team has a wide breadth of experience in the federal documentation and offshore flagging of recreational and commercial vessels.

Maritime Contracts and Charter Parties
In addition vessel transactions, our attorneys have worked with yacht charter companies, boat builders, and a wide variety of marine trades businesses to draft numerous maritime and commercial contracts. Our firm has drafted countless charter parties including demise, voyage, and time charters.  In addition, as active members of the Marine Trades Association of Maryland  our attorneys have assisted marine trades companies by drafting  various service agreements, salvage agreements, bills of lading, towing agreements, and marine transportation agreements of many varieties.  We have served as counsel for various Chesapeake Bay area marinas and boatyards and drafted marine purchase agreement, dockage contracts and employment agreements.

Captain and Crew Contracts and Claims
The attorneys at Baylaw, LLC have represented shipowners,  captains and crew members over the years and have gained tremendous experience in the potential pitfalls and liabilities of all parties involved in the shipowner-crew relationship. Our attorneys can assist with the creation to limited liability companies and the drafting of captains contracts to ensure that liability is mitigated before the captain steps onboard.  Our firm is also well-suited to prosecute and defend Jones Act unseaworthiness and maintenance and cure claims against vessel owners and operators.

Marinas and Boatyards
Baylaw, LLC assists its clients who operate marinas and boatyards  by serving as general counsel for the myriad of esoteric issues that arise in the daily operation of these businesses.  Beyond drafting  dockage and storage agreements, we have dealt with zoning and environmental compliance matters, products liability matters and repairer’s liability issues.  Our attorneys are also prepared to answer questions and resolve issues dealing with the Maryland Workers’ Compensation Act and the Longshore and Harbor Workers Compensation Act.

Recreational Marine Litigation
Our attorneys have a broad base of experience in the investigation, reconstruction, prosecution and defense of recreational boating casualties and claims. Representative cases include collisions, groundings, sinkings, fires, wake injuries and heavy weather casualties, which resulted in wrongful death, serious personal injury or significant property damage.  Our attorneys have the skill, knowledge and experience to properly investigate and reconstruct recreational boating accidents in order to be able to provide a skillful prosecution or defense of such claims.

Limitation of Liability
One the most powerful and arcane defenses available to a ship owner is the right to petition for exoneration or limitation of liability pursuant to the Ship Owners Liability of Liability Act.  Our attorneys understand the power that this defense offers, including control of the timing and venue of litigation. Limitation of Liability proceedings require a keen understanding of not only the elements necessary to make such a claim but also of the esoteric procedural requirements of the same.  This type of litigation is extremely complex and unique to the practice of maritime law.  The attorneys at Baylaw, LLC are experienced to lead you through this process after a casualty.

Maritime Commercial Litigation
Baylaw, LLC is regularly participates in a host of maritime commercial litigation.  Past case work has included breach of dockage and storage contracts, charter disputes, ship constructions disputes, foreclosure of preferred ship mortgages and other Maritime liens and salvage claims.  We have also fought for vessel dealers and brokers who have encountered sales and use tax issues in the State of Maryland.

Maritime Regulatory Matters
Our experienced attorneys and location close to our nation’s capital and within the capital of the State of Maryland make our firm well-suited to handle many maritime regulatory matters.  Our firm regularly defends captains and officers in Coast Guard License Suspension and Revocation Proceedings. We have assisted vessel owners and operators in a range of documentation and endorsement issues including obtaining MARAD waivers under to achieve Jones Act compliance.

We have experience and knowledge in administrative procedures and regulations regarding claims against the State of Maryland and federal administrative claims the Federal Tort in Claims Act, Suits in Admiralty Act, Public Vessels Act, Military Claims Act and other administrative claims statutes.

Marine Ecology Law
Marine ecology law often straddles the line between criminal law and general maritime law.  Our attorneys have handles a range of marine environmental matters including abandoned boat recovery, oil spill prevention, clean-up and recovery operations, coral reef damage claims, and sea bottom claims.  We also assist area trade organizations with the planning and drafting of marine environmental legislation and regulations. Baylaw, LLC’s attorneys are also available to assist criminal defense practitioners in the defense of criminal prosecutions for violation of marine environmental statutes and regulations.