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The Yacht Law Podcast

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The Yacht Law Podcast answers your legal questions about buying, selling, and owning superyachts; working aboard them; and more. Hosted by maritime attorney Michael Moore and yachting journalist Diane Byrne, each episode provides insight into how to better navigate the luxury yachting lifestyle. While we discuss common legal issues, the information shared is not intended as legal advice or as a substitute for the personalized advice of your own attorney. Consider The Yacht Law Podcast as a starting point to better educate yourself about the superyacht world.

Location:

United States

Description:

The Yacht Law Podcast answers your legal questions about buying, selling, and owning superyachts; working aboard them; and more. Hosted by maritime attorney Michael Moore and yachting journalist Diane Byrne, each episode provides insight into how to better navigate the luxury yachting lifestyle. While we discuss common legal issues, the information shared is not intended as legal advice or as a substitute for the personalized advice of your own attorney. Consider The Yacht Law Podcast as a starting point to better educate yourself about the superyacht world.

Language:

English


Episodes
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A Deep Dive Into the Yachting Industry's Class Action Controversy

4/11/2024
Text us your ideas and feedback! Navigate the seas of high-stakes litigation with us as maritime attorney Michael Moore and journalist Diane M. Byrne dissect a recently filed class action lawsuit that's a topic of conversation throughout the yachting industry. Discover the allegations of price-fixing among the elite brokerage firms and listing platforms. Michael's expertise illuminates the parallels with real estate commission controversies, offering a look at the legal strategies and implications for the yachting world's most prominent players. The episode takes you through broker commissions and what the lawsuit describes as buyer-broker commissions. Uncover the misconceptions clouding yacht sales and the debate over the necessity of listing yachts on digital platforms like YATCO and Boats.com. This episode promises an in-depth analysis that challenges preconceived notions about the yacht brokerage industry and its practices, providing insight into the potential outcome of a case that could redefine the landscape of niche market litigation. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:33:30

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David Seal: Anchoring Trust & Ethics in the World of High-End Yacht Sales

2/26/2024
Text us your ideas and feedback! From the humble beginnings of window cleaning to navigating the complex high seas of yacht brokerage, David Seal, the host and creator of the famous YouTube channel Yachts for Sale, plus a broker with Northrop & Johnson, joins us to share his remarkable journey. Discover the serendipitous path that led a young man from Wolverhampton, England to become a pivotal figure in the luxurious world of yachts, all beginning with a leap of love to Italy, where selling novelty items opened the door to an industry where passion reigns supreme. David's story is not just about ambition, but a vivid illustration of how drive and entrepreneurial spirit can carve out a place among the titans of yacht brokerage. Peek behind the curtain of yacht sales with our deep dive into the ethical framework that underpins every successful deal. As we navigate through the stories and insights, you'll learn about David's creation of a masterclass that's revolutionizing the industry. It's doing so by equipping the next generation of brokers with the knowledge to conquer the waves of sales, law, and client satisfaction. David and podcast hosts Michael Moore and Diane M. Byrne dissect the importance of fostering longevity in client relationships, emphasizing that in the intricate dance of yacht brokerage, trust and integrity are your most reliable compass. Finally, we set our sights on the horizon of yacht building and the intricate craftsmanship that goes into every vessel. Amid tales from the shipyard and the perils of social media's flashy veneer, we underscore the invaluable role of a broker's expertise in ensuring the quality their clients expect. David's masterclass becomes a beacon for those sailing into the yacht brokerage waters, teaching the importance of diligence and ethics. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:38:04

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Yacht Charter Regulations: Unlocking the Intricacies for Yacht Owners

1/4/2024
Text us your ideas and feedback! Set sail with us as we celebrate the first anniversary of The Yacht Law Podcast, with over 600 downloads from 44 different countries! We couldn't be prouder of our enlightening nine-episode journey, and we're thrilled to share insights that have resonated deeply with the yachting community. For this new episode, maritime attorney Michael Moore and yachting journalist Diane M. Byrne once again unravel the complexities of maritime law. The focus this time is why American yacht owners may be missing out on legal waivers to offer their foreign-flagged yachts for charter in U.S. waters. Together, we demystify yacht charter in the United States, including the confusion over the legal term bareboat chartering and what bareboat charter contracts require of charter guests. Along the way, we further untangle misconceptions that have long clouded the industry. Michael and Diane specifically chart a course through the century-old Jones Act, unveiling its critical role in protecting U.S. maritime commerce and how it impacts everything from commercial fishing to superyachts. We then cast a spotlight on the Small Vessel Waiver Program, a little-known lifeline for non-U.S. built yachts wishing to conduct yacht charter activities in U.S. waters. Listen closely as we discuss the Act's implications on shipping routes and the challenging, but achievable, process for larger vessels to obtain the waivers. In the final leg of our journey, we explore why so many American superyacht owners mistakenly believe their foreign-built yachts cannot charter stateside. Part of the problem certainly stems from brokerage listing disclaimers and the 1.5% customs duty, a critical tariff that fuels the U.S. economy. Whether you're a maritime enthusiast or a seasoned sailor, this episode equips you with the knowledge to navigate legal seas with confidence. Join us as we provide clarity on the charter nuances of these vessels, ensuring you're well-prepared to tackle the legal storms ahead. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:44:38

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Navigating the Stormy Waters of Yacht Insurance: A Comprehensive Guide

11/20/2023
Text us your ideas and feedback! Ever wondered why yacht insurance premiums have hit the roof? Does the frequency of named storms have everything to do with it, or is there more to the story? Here's a promise: By the end of this episode, you'll become well-versed in the complex world of marine insurance and the important role of an experienced insurance broker. It's a crucial education to help prevent you from making a costly mistake--even multiple costly mistakes. We dive deep into the legalities surrounding marine insurance. For instance, did you know your insurer may include a captain's warranty clause - necessitating an insurer-approved captain? How about the possible repercussions of breaching policy terms? You’ll learn about a Supreme Court showdown, too, that could forever change the marine insurance game. Could you imagine the implications of a ruling that upholds the underwriters' freedom to choose contract language from another state's law in their contracts when the yacht isn't even in that state? As the old saying goes, the devil is in the details, and that certainly holds true for insurance when it comes to yacht-transport contracts, a.k.a. contracts of carriage. Not only do we dissect landmark legislation, but we also explore the important yet often misunderstood domain of NBOCCs (non-vessel owning common carriers) and the limitations of liability. You will learn why obtaining the right insurance for yacht transport is more crucial than ever. Finally, did you know your policy may exclude yard periods, and why a shipyard's insurance certificate matters as much as a contractor's? We further discuss a unique case where a yard contract had insurance with a limitation of liability clause, but a court ruling toppled the tables in favor of a superyacht owner. This episode is a wake-up call to all yacht owners - highlighting the absolute necessity of understanding insurance cover notes and policies thoroughly. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:46:33

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The Impact of Classification Societies on Superyachts

8/23/2023
Text us your ideas and feedback! Do you understand the vital role that classification societies have in securing safety in the construction of superyachts? If you're an owner, chances are you don't, and that's a mistake. Even with smart advisors around you, it's crucial that you educate yourself and therefore avoid making expensive mistakes by opting out of classification society recommendations. This episode of the Yacht Law Podcast unveils the integral functions of classification societies in the yachting world. Join us, as we put the spotlight on esteemed bodies including the American Bureau of Shipping (ABS), Registro Italiano Navale (RINA), Lloyd's Register, and Bureau Veritas. We also shed light on how a society's reputation can either bolster or tarnish its industry standing, and why the top classification societies are held in such high esteem. The conversation takes an intriguing turn as we examine why superyacht owners have bypassed building to class and the repercussions of this decision. We'll probe the part surveyors play in guaranteeing owners get the vessel they paid for, too. Moreover, we delve into the chilling account of the OceanGate sinking, a submersible whose builder deliberately chose not to construct it to class standards, and how it has cast a shadow over yacht submersibles. Whether you are a yacht enthusiast or an industry insider, this episode will satisfy your curiosity and enrich your knowledge. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:41:24

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How Consolidation is Reshaping the Yachting World

7/6/2023
Text us your ideas and feedback! Are you ready to navigate the intricate waters of the yachting industry's recent merger and acquisition wave? We dissect the angles of this fascinating development, starting with the superyacht industry's consolidation and its implications. We discuss the big deals rocking the boat, like MarineMax's acquisition of IGY Marinas, Northrop & Johnson, and Frasier Yachts, as well as Safe Harbor's purchase of Savannah Yacht Center. We also unpack the exciting, yet often uneasy, process of these acquisitions, particularly when iconic companies get swallowed up. Join renowned maritime attorney Michael Moore and journalist Diane M. Byrne as they share invaluable insight into previous mergers and acquisitions in yachting--ones likely overlooked in today's climate. We also tap into the role of 'blank check' companies, discuss the potential perks of merging Fraser and Northrop & Johnson with MarineMax, and contemplate the customer's perspective and the captain's role in decision-making. This episode is a must for anyone eager to understand the ebbs and flows of the thriving yacht industry. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:38:11

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Navigating Sanctions in Yachting: A Guide for Superyacht Owners and Professionals

6/15/2023
Text us your ideas and feedback! Have you ever wondered how to navigate the complex world of sanctions, and what it means for you as a yacht owner or yachting professional? Join us as we shed light on the implications of US, EU, and UK sanctions against Russia and Russian citizens. With Michael Moore's deep knowledge in maritime law, we discuss the importance of staying informed about sanctions lists, and how to handle situations involving sanctioned individuals or superyachts. Dive deeper into the legalities surrounding sanctions and the crucial role of understanding the Fifth Amendment and its relation to due process. We delve into the challenges faced when dealing with an ultimate beneficial owner or a yacht on a sanctions list, and how to avoid potential legal consequences. Learn from real-life examples of navigating sanctions and the importance of carefully evaluating a client's situation, such as those of Bernie Madoff and Alfa Nero. Don't miss this informative and engaging conversation that will leave you better prepared to navigate the murky waters of sanctions and their implications in your world. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:41:31

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Superyacht Arrests Part 2: Why They Happen

5/26/2023
Text us your ideas and feedback! Superyacht arrests—which are more accurately called maritime arrests—are under an extra-strong spotlight due to the sanctions against Russian owners purported to have close ties to the Russian government. The arrests have led to a number of people, including one particular listener, to want to better understand why arrests in general occur. In this episode of The Yacht Law Podcast, maritime attorney Michael Moore and yachting journalist Diane M. Byrne walk you through the most commonly asked questions and provide answers. Specifically, they discuss: 1. what exactly "arrest" means, and how it requires a court order (in the United States and many other nations) 2. why unpaid wages for crew is not only taken seriously by the courts, but also a leading reason why a yacht can get arrested 3. how unpaid services provided to a yacht can also lead to an arrest 4. other relatively common reasons why a maritime arrest of a yacht can occur. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:38:05

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Superyacht Arrests Part 1: The Russians

5/12/2023
Text us your ideas and feedback! Following the Russian invasion of Ukraine, the United States, the UK, and the European Union have gone after the assets of those suspected to be close to the Kremlin. Trying to sort facts from rumors when it comes to the superyacht arrests involving Russian owners, though, can be challenging. In this episode of The Yacht Law Podcast, maritime attorney Michael Moore and yachting journalists Diane Byrne address some of the most commonly asked questions, using a few cases of superyacht arrests involving Russians as examples. They explain: 1. why the motoryacht Tango was one of the most significant 2. what led up to the arrest 3. why the owner isn't under arrest, even though he's accused of circumventing U.S. finance laws--but other people associated with him are, one of whom caught the yachting industry by surprise 4. why the arrest of the Russian-owned superyacht Amadea is equally significant, yet a completely different scenario 5. perhaps most important of all, what happens to business owners who get involved in transactions with yachts and owners under sanctions. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:41:21

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Yacht Salvage Explained

4/18/2023
Text us your ideas and feedback! When the 94-foot superyacht Nakoa ran aground on reefs and rocks in Hawaii earlier this year, a tricky salvage operation ensued. The yacht was so firmly stuck that it took three attempts before she was finally freed. But, she sank within minutes of being towed clear. Ultimately, the yacht salvage wasn't successful. The situation raised a host of questions, besides what the owner of Nakoa was doing in the area, and what he should have done to prevent needing assistance in the first place. In this episode of The Yacht Law Podcast, maritime attorney Michael Moore and yachting journalist Diane M. Byrne review some of the most commonly asked questions about yacht salvage. For example, who's responsible for initiating a request for help, and who's responsible for the costs? As you'll learn, matters can get complicated, requiring arbitrators to decide who gets paid what, and whether they get paid certain fees at all. The one thing that all parties in a yacht salvage situation can agree upon, however, is that time is of the essence. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:45:39

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Judicial Sales of Superyachts

3/31/2023
Text us your ideas and feedback! Judicial sales of superyachts--also known as court-ordered sales of superyachts--are hot topics of conversation lately, primarily due to the government of Antigua and Barbuda deciding to seize the superyacht Alfa Nero and auction her to the highest bidder. Therein lies a significant problem: Unlike the customary practice for yacht auctions involving governments, this auction is being pursued without a court order. In this episode of The Yacht Law Podcast, maritime attorney Michael Moore and journalist Diane M. Byrne discuss what yacht buyers need to know if they're considering the judicial sale of a superyacht. For example, even though there's no formal single maritime law governing these sales, countries around the world consider the U.S. Marshal approach the gold standard. Find out what that standard involves, and why there's strong momentum among the United Nations members to establish a single unifying process for all judicial maritime sales, including those of superyachts. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:32:39

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Building a Superyacht

2/27/2023
Text us your ideas and feedback! In this inaugural episode of The Yacht Law Podcast, maritime attorney Michael Moore and journalist Diane Byrne discuss some of the most recent news from superyacht shipyards, then get into the details of what's crucial to keep in mind when building a superyacht. In fact, as you'll learn, a lot can -- and does often -- go wrong when you're signing a contract to build a superyacht for the first time. Understand what's crucial to have in your contract, including delivery dates (left out more often than you might realize). Also discover who needs to be part of the conversation in finalizing the details of the contract. Finally, and especially important if you're working with a yacht broker, know under what circumstances a broker's commission is due. Here's a hint: The mere act of bringing a buyer and seller together means they've actually earned their commission. Have a yacht law question? Email it to info@megayachtnews.com or michael@moore-and-co.com for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected. Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Duration:00:33:03