F. Robert Denig

Rob Denig is a litigator in Holland & Knight's New York office. Mr. Denig practices in the areas of admiralty law, complex commercial and maritime disputes, international commercial, and maritime arbitration and litigation, as well as a broad range of general commercial disputes.

Mr. Denig's maritime practice focuses on charter party and contract of affreightment disputes, cargo claims, collisions and other marine casualties, oil spills and environmental damages claims, salvage and general average. He has extensive experience with Rule B maritime attachments, Rule C arrests and Rule F limitation of liability proceedings, and he regularly represents clients in Society of Maritime Arbitrators (SMA) and Houston Maritime Arbitration Association (HMAA) arbitration. He advises clients, including vessel owners and operators, Protection and Indemnity (P&I) Clubs and insurers, on a broad range of maritime issues, including U.S. sanctions, International Maritime Organization (IMO) 2020 regulations and COVID-19-related force majeure issues.

In addition, Mr. Denig frequently represents clients with respect to marine environmental claims arising under the Oil Pollution Act of 1990, Clean Water Act and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and various state environmental laws, and has assisted clients with claim submissions to the National Pollution Funds Center. Mr. Denig also represents clients in all phases of dispute resolution with a focus on international arbitration involving international sale of goods, the raw materials sector and mining operations. He frequently represents public utilities and energy companies with respect to disputes and casualties involving undersea utilities and power transmission systems. He also has extensive experience with foreign sovereign immunity issues, anti-suit injunctions, U.S. discovery in support of foreign proceedings, the recognition enforcement of domestic and foreign arbitration awards, judgement enforcement and veil piercing, alter ego and enterprise liability issues.

Mr. Denig's recent representative experiences include:

• Maritime Attachment: Represented several clients in Rule B actions seeking security in aid of maritime arbitration and foreign proceedings.
  • Obtained Rule B maritime attachment of several bank accounts in multiple jurisdictions as security for vessel owners' claim for breach of contract of affreightment. Successfully defeated a motion to vacate attachments obtaining an important decision with respect to the interpretation of Rule B finding that a foreign corporation's registration to do business in New York is not alone sufficient to preclude attachment of the corporation's property in the district.
  • Obtained Rule B maritime attachment of several bank accounts in multiple jurisdictions as security for breach of maritime claims on behalf of a creditor in Chapter 7 bankruptcy proceedings. Worked with trustee to lift stay to secure the seizure of several accounts holding debtor assets held by several related garnishee corporate entities.
• U.S. Sanctions/Cargo Arrest/International Arbitration: Successfully represented a vessel owner in claims against a charterer related to charterer's violation of U.S. sanctions against Venezuela and breach of the sanctions clause in the parties' charter party agreement. Successfully arrested and exercised owner's lien on the cargo in Rule C proceedings, and oversaw the sale of the cargo at judicial auction, while also obtaining security for the vessel owner's substantive claims in arbitration.
• Vessel Detention: Represented a vessel owner with respect to detention of a vessel in Mexico and successfully negotiated favorable settlement of related claims against charter and cargo interests.
• Charter Party Disputes/Maritime Arbitration and Litigation:
  • Represented a time charterer in Society of Maritime Arbitrators (SMA) arbitration in successful production of breach of contract of fragment claim against coal shipper obtaining award for economic damages.
  • Defended a tanker charterer/pool operator in federal litigation against $28 million market value loss claim allegedly caused by delay in delivering cargo of fuel oil.
  • Represented a charterer in Houston Maritime Arbitration Association arbitration in defense of wrongful termination of charter party claim related to vessel's failure to meet vetting requirements.
  • Represented a vessel owner in SMA arbitration related to wrongful suspension of hire and reputation of supply time charter party for offshore supply vessels in matter involving cross-claims amounting to over $30 million in damages.
  • Represented the underwriters of a marine builders risks policy at trial in a multimillion-dollar dispute over coverage related to extensive hurricane damage to nearly completed commercial fishing vessel.
  • Successfully represented a client in multinational litigation against a foreign state-owned entity with respect to the wrongful cancellation of multiple contracts related to the operation and service of an iron ore mine, including mining supply contracts, sale of goods contract, vessel charters and the operation of an offshore transfer station. The matter involved several actions in the U.S. and Venezuela, maritime arbitration in New York, Miami, London and International Chamber of Commerce (ICC) arbitration in Paris.
• Marine Casualty/Environmental Claims: Successfully represented an owner of mobile offshore drilling unit (MODU) in an allision case involving the largest heavy-lift vessel in the world and resulting in the total constructive loss of the MODU.
  • Successfully represented a public utility in limitation of liability proceeding related to an anchor strike incident damaging a major undersea power transmission system, as well as the prosecution of environmental damages claims in parallel proceedings resulting from the same incident.
  • Represented a vessel owner against salvage indemnity claims related to grounding in Ecuadorian waters.
• Amicus Brief: Submission of amicus brief in the U.S. Supreme Court on behalf of industry leaders concerning important issue related to the interpretation of charterers' safe port warranty in charter party agreements.
• Force Majeure and Supply Chain Disruption: Advised a coal mine operator with respect to force majeure issues related to rail transport delays resulting from wild fires and labor disputes.
  • Advised shippers and Non-Vessel Operating Common Carrier (NVOCC) in related to various shipping disruptions and potential port strikes.
  • Represent shipper in FMC proceedings concerning claims against shippers’ association for violations of the Shipping Act.
• Other Commercial Litigation:  Represent public utility in federal court in defense of breach of capacity agreement resulting from submarine cable operator's claim of force majeure related to equipment failure and resulting outage of convert station.

Prior to his legal career, Mr. Denig served as master on tugs, offshore supply vessels, oil spill response vessels and research vessels.