Pacific Ports - Volume 3, Issue 2, May 2022

Page 47

NEW MEMBER PROFILE standard terms and conditions, and enforcing and defending their rights in court.His recent reported cases include SCF Waxler Marine LLC v, M/V ARIS T, et al., 2022 WL 202311 (5th Cir. 1/24/22) (represented prevailing party SCF in complex marine casualty case) and Terral River Service and Navigators Insurance Company v. SCF Marine Inc. and Vessel Holdings 7, LLC, 20 F. 4th 1015 (5th Cir. 2021) (represented prevailing parties SCF and Vessel Holdings 7 in defeating $700,000 cargo loss claims; summary judgment affirmed on appeal; also successfully excluded expert testimony by plaintiffs’ surveyor and metallurgist). When asked to highlight some of the issues facing the maritime industry today, Goldstein mentioned cyber security, adapting from paper-based to electronic transmission and formation

of contracts and information, enhancing the efficiency of complex interfaces between ship, barge, rail, truck, terminal and pipeline movement of cargo, and the increasing demands of regulatory schemes such as the Americans With Disabilities Act and the Family Medical Leave Act. For so many of these and other challenges, Goldstein said the old adage “an ounce of prevention is worth a pound of cure” applies. “Through in-house seminars with my clients and their supervisory personnel regarding regulatory obligations and how to deal with social media, evaluating their standard terms and conditions, and reviewing some of their operating procedures, we frequently are able to identify and mitigate legal risks and exposures. Typically, it costs a lot less money and aggravation to address those risks before, not after, they lead

to claims and lawsuits,” he explained. Goldstein added that sometimes these issues present not only legal considerations but also insurance and accounting concerns that will involve his working with a company’s marine insurance broker and other professionals to find an effective solution. Minimizing risk by identifying vulnerabilities and taking action to mitigate impacts in advance of trouble is a central theme in Goldstein’s practice and one that speaks to the mandate of the APP to provide guidance on best practices. We look forward to putting Goldstein’s expertise to good use through articles in Pacific Ports Magazine as well as opportunities to present his ideas and advice to the membership. Welcome to the APP, Alan! For more information: www.alankgoldsteinlaw.com

NEW MEMBER PROFILE

APP welcomes Port & Maritime Business Management as newest member

T

he Association of Pacific Ports welcomes Port & Maritime Business Management (PMBM) as our newest Associate Member. While the company was formally incorporated last year, the team of highly seasoned professionals have been working together since 2012, providing board advisory and interim management services for both private and public companies in the industrial, ports, logistics, maritime, energy and manufacturing sectors. “Our complimentary skills and technical and operational expertise have provided very successful results for many organizations around the world,” said Emmanuel Polman, Head of Strategy and Transactions. With a notable track record, the PMBM team engages with companies to take ownership of the full project

life cycle, from concept to implementation. “We have the technical expertise to undertake feasibility studies, strategies, business case development, etc., but what distinguishes us from other consultancy firms is our operational expertise,” said CEO George Gourlay and Emmanuel Polman. Indeed, a quick review of team bios shows affiliations with some of the largest companies in the oil and energy, and maritime

logistics supply chain sectors, including Saudi Aramco, Global Energy Group, Hutchison Ports, Sapura Energy, Aker Solutions, and Port of Rotterdam to name just a few. The best way to describe the services of PMBM is to use their projects as examples. In 2012 — the first time the team started working together — they undertook a strategic initiative to May 2022 — PACIFIC PORTS — 47


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