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Spill Oil, Kill Birds, Go to Jail: The New Paradigm for Mariners

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Spill Oil, Kill Birds, Go to Jail: The New Paradigm for Mariners

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    1. Spill Oil, Kill Birds, Go to Jail: The New Paradigm for Mariners Presentation to: San Francisco Marine Insurance Seminar May 6-7, 2010 Jeffrey L. Bornstein K&L Gates LLP 4 Embarcadero Center, Suite 1200 San Francisco, CA 94111 Email: jeff.bornstein@klgates.com

    2. The “7 Seas” (or ‘Cs’ in this case) Chain of Errors Accidents involve a Chain of Errors (but someone will be blamed) Criminal If your client spills oil and there is environmental damage, assume there could be Criminal liability Coverage Insurance Coverage for criminal counsel and pollution events is essential – protect your clients – their liberty and assets are at risk Consultation Before making statements to investigators, your client needs to Consult with legal counsel Cooperation The decision to Cooperate with the government (or not) may be different for a company vs. an individual Compliance Rigorous Compliance (and training) is an important key to preventing accidents Communication Effective Communication between maritime professionals is fundamental

    3. The Scene November 7, 2007 A very foggy morning…

    4. The Cosco Busan’s bridge was equipped with radars, electronic chart, and manned by the ship’s Master and two officers and an experienced San Francisco Bar Pilot.

    5. Cosco Busan

    6. Damage to the Cosco Busan

    7. Damage to the Bay Bridge Pier

    8. Oil Slick on SF Bay 53,500 gallons of oil spilled 2,500 birds killed Also delayed opening crab season until after Thanksgiving

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