Vincent J. Foley is a New York attorney in Holland & Knight’s Maritime Practice Group. Mr. Foley advises clients on a wide variety of transportation, maritime, intermodal and logistics contracts. He represents clients in high-profile marine casualty litigation and arbitration of charter-party disputes, and he has experience with vessel regulations, environmental liabilities, oil spills, limitation of liability, salvage and general average issues.
Mr. Foley represents marine terminal operators in connection with drafting, analyzing and litigating terminal service agreements, marine schedules (tariffs), maintenance and repair contracts, related vendor and equipment agreements, as well as regulatory and licensing issues and all marine terminal-related operational or support agreements. He also advises foreign and domestic clients on projects for development of offshore wind installations in the Northeast U.S., including development of crossing agreements and potential interference with navigation issues. In addition, Mr. Foley advises clients on Federal Maritime Commission (FMC) regulatory issues, fact-finding and interpretive rulemaking, as well as related issues involving trade and transportation practices.
Mr. Foley represents clients in U.S. Coast Guard Marine Board of Investigation hearings involving marine casualties and oil pollution events, including investigations of shipboard practices involving the International Convention for the Prevention of Pollution from Ships (MARPOL) violations and the Act to Prevent Pollution from Ships (APPS). Mr. Foley also advises clients in connection with joint investigations by the U.S. Coast Guard and other flag state authorities for international casualties. He has prosecuted claims and defended clients in federal litigation matters, including handling trials at the district court level and appeals in the various circuits of the U.S. Court of Appeals. He regularly advises vessel owners, charterers, cargo interests and their insurers and protection & indemnity clubs, and notably was selected for and served as an arbitrator in a London arbitration.
Mr. Foley has experience advising clients in connection with U.S. Maritime Administration (MARAD) transactions, including advising a client on purchasing a U.S. flag carrier and subsequent operation of the surviving U.S. flag operator. A graduate of the U.S. Merchant Marine Academy, prior to his legal career, Mr. Foley worked as a licensed officer for two years as Third Mate (All Oceans/Unlimited Tonnage) and Third Assistant Engineer (Unlimited Horsepower/Steam or Diesel).
In the aftermath of the Deepwater Horizon Gulf Coast oil spill (May 2010), Mr. Foley testified before the U.S. Congress, House of Representatives and Committee on the Judiciary, as an industry expert on the OPA 90 oil spill compensation and liability scheme (See “Legal Liability Issues Surrounding the Gulf Coast Oil Disaster,” page 114, Mr. Foley’s testimony). He also has negotiated long-term time charters, modification and ship construction and repair agreements, as well as participated in development of an offshore oil spill emergency response system.
From 2016-2020, Mr. Foley served as Chair of the International Organizations, Conventions and Standards (IOCS) committee of the Maritime Law Association of the United States, and is active in the Comité Maritime International and International Bar Associations.