Donald J. Kennedy, Partner - Carter Ledyard & Milburn LLP Attorney

Practice Areas

Litigation, Maritime, Insolvency and Creditors' Rights

Practice Description

Commercial Litigation, Admiralty, Bankruptcy, including maritime, bankruptcy, energy and natural resources matters, commercial litigation, arbitration and mergers and acquisitions.

Education

B.A., 1966 Fordham University
J.D., 1972 Fordham University School of Law

Admissions

1973 New York
1974 District of Columbia
1973 U.S. District Courts, Southern and Eastern Districts of New York
1974 U.S. Court of Appeals, Second Circuit
1975 U.S. District Court, District of Columbia
1986 U.S. Court of Appeals, Eleventh Circuit
1987 U.S. Supreme Court
1988 U.S. Court of Appeals, Third Circuit

Affiliations

Maritime Law Association of the United States: Chairman, Arbitration and Mediation Committee (1999-2003); Member, Board of Directors
London Maritime Arbitrators Association
The Association of the Bar of the City of New York: Member, Admiralty Committee (2000-2002; 2006-2007); Member, Arbitration Committee (2003-2005)
United Sates Department of State, Private Sector Adviser on the UNCITRAL Working Group on Arbitration.
Fordham University School of Law: Member, Law Advisory Committee (1998-2006)

Publications Available on this website...

"United States Supreme Court Limits Punitive Awards in Maritime Civil Suits," Client Advisory, June 27, 2008; "Environmental Protection Agency Releases Proposed Permits for Discharges Incidental to the Normal Operation of Vessels," Client Advisory, June 19, 2008; "Proposed Air and Water Regulations in the U.S. Will Establish Greener Standards for Ships," Client Advisory, January 3, 2008; "Forward Freight Agreements," Client Advisory, May 17, 2006; "The Harbor Maintenance Tax and The Arriving Passenger Fee-Application to Passenger Cruise Lines," Client Advisory, January 2000

Presentations

New York City Bar : Moderator: "Forward Freight Agreements- Recent Developments," September 12, 2006.
Association of the Bar of the City of New York: Moderator: "Forward Freight Agreements," Due Diligence in Shipping Hot Topics for the Savvy Investor, September 22, 2005.

Prior Experience

1972-1997 Haight, Gardner, Poor & Havens
1966-69 Transportation Corps Officer, United States Army

Illustrative Matters

Client	Description
Law Firm	Represented foreign liquidators in legal proceedings to obtain control over assets located in the United States for the foreign bankruptcy estate.
Oil Traders	Advised oil, gas and metal traders on matters arising from their trading activities, including contract formation, letters of credit, shipping arrangements, non-performance and damage issues.
Banks	Represented financial institutions in vessel mortgage foreclosure proceedings in the United States and throughout the world. Successfully represented a mortgagee in an action to dismiss a wrongful arrest and lender liability claim by the company’s owner.
Owner of Offshore Drilling Units	Prosecuted arbitrations for owners of offshore drilling units in cases involving performance guarantees, sales contracts, redelivery condition and insurance coverage.
Shipowners and Charterers	Negotiated on behalf of shipowners and charterers, contracts of affreightment, management and pool agreements, vessel sale and purchase agreements, agency agreements, shipbuilding and repair contracts and joint ventures.
Defense Clubs	Represented shipowners and charterers in litigation and arbitration of disputes arising out of charter parties, maritime arrests and attachments, oil pollution and maritime liens.
Shipping Companies	Represented shipowner in sale of its liner operations in the United States and representing a shipowner in acquiring control of Netherlands Antilles partnership from its former partner.
Strategic Investors	Represented purchasers of assets in connections with a private placement memorandum in the waste industry.