Attorneys and Professional Staff:
The Partners and Senior Staff:
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LAWRENCE
W. KAYE lkaye@kayerose.com |
| Title
and Office Location: |
Senior Partner. Works extensively in Los Angeles and San Diego Offices and frequently handles or supervises matters in other cities and states. |
| Experience: | Admitted to California Bar, 1979. Previously a partner with Lillick McHose & Charles and Pillsbury Madison & Sutro (which merged). Judicial Law Clerk to former Chief Judge Howard B. Turrentine, U.S. District Court, Southern District of California (1979-80). |
| Specialization: | Mr. Kaye has substantial trial, appellate and mediation experience, having started his career as a litigator. He has defended shipowners in mass casualties, ship repair and construction disputes, and against class actions, labor claims, medical malpractice, discrimination, sexual assault suits and all types of tort, contract and consumer litigation. He interacts with general counsels and other senior management of major shipping lines and related companies, routinely providing advice on complex statutory and regulatory regimes. These have included the Americans with Disabilities Act, federal and state environmental, gambling, pilotage, licensing and wage laws, and countless international conventions governing all aspects of maritime commerce, including operations, employment, manning, security, liability and dispute resolution. He has developed special expertise in the cruise line, marine underwriting and commercial fishing industries. He was a delegate and industry spokesman at the 2002 Diplomatic Conference of the International Maritime Organization and helped draft key provisions of the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea. Mr. Kaye often appears before marine industry groups speaking on a variety of legislative, regulatory and litigation topics. He serves as an industry media spokesman, including in the New York Times, USA Today, the Los Angeles Times and various regional newspapers. He has also appeared on ABC Evening News, CBS This Morning, Inside Edition, Hard Copy, MSNBC Crossfire, The Abrams Report, Fox News Line Up, Rita Cosby, Nancy Grace and Scarborough Country. |
| Legislative Initiatives: |
Mr. Kaye has successfully drafted federal and state legislation concerning maritime issues, including two tort reform bills and The Cruise Ship Revitalization Act, which Congress passed in 1996. He has testified before U.S. Senate and California Senate and Assembly Committees studying revisions to various shipping related statutes. He has routinely drafted position papers for circulation among lawmakers on Capitol Hill in various states, and international bodies on behalf of industry trade groups, ports and others concerning the effect of proposed federal, state and international laws. |
| Professional Affiliations: |
Chairman, Executive Partner Council, Cruise Line International Association, 2007 - present. Chairman, Associate Member Council, International Council of Cruise Lines, 1996 - 2007. Member, CLIA and ICCL Board of Directors, 1996 - present. Member, Maritime Law Association of the United States, Cruise and Passenger Ship Committee. Chairman, Cruise Industry Advisory Committee, Port of San Diego, 1990-2002. Member, Trade Development Committee, Port of San Diego, 1994 - 2001. Judge Pro Tem California Municipal Courts, 1993-1997. Speaker, Admiralty
Law Institute, Tulane Law School, 2001. Speaker, U.K. P&I Club Cruise Operators Conference, 1993 - 2008. Speaker, Seatrade Shipping Conference, 1998. Speaker, World Tourism Summit, 2001, 2003. Member, San Diego County Bar Association |
| Publications: | “Government Regulation of Cruise Ships," 10 Benedict on Admiralty, Chapter 2 (7th ed. 2000); “The Long Reach of U.S. Law Over Crimes Occurring on the High Seas”, University of San Francisco Maritime Law Journal (2008); “A Ripple on the Waters That May Turn the Tide in Favor of Arbitrating Passenger Claims”, University of San Francisco Maritime Law Journal (2005); "Twas the Night Before Regulations: Foreign-Flagged Cruise Ships and the ADA," 75 Tulane Law Review 1571 (2001); “The Innocent Passage of Warships in Foreign Territorial Waters: A Threatened Freedom”, 15 San Diego L. Rev. 573 (1978). |
| Published Cases: | Ponsi v. Magical Cruise Co., Ltd., 2006 U.S. Dist. LEXIS
41150 (N.D. Ca. 2006); Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 (2005) (amicus counsel of record); Schlessinger v. Holland America, N.V., 120 Cal.App.4th 552 (2nd App. Dist. 2004); Schlessinger v. Holland America, N.V., 2003 A.M.C. 892 (Cal. Sup. Ct. 2003); Wallis v. Princess Cruises, Inc., 306 F.3d 827 (9th Cir. 2002); Garofalo v. Princess Cruises, Inc., (2001) 85 Cal. App. 4th 1060; 102 Cal. Rptr. 2d 754; 2001 A.M.C. 623; California Home Brands, Inc. v. Danny Ferreira, 871 F.2d 830 (9th Cir. 1989), 1989 A.M.C. 2099; Access Now, Inc. v. Holland America Line-Westours Inc., 147 F. Supp. 2d 1311(S.D. Fla. 2001); Access Now, Inc. v. Holland America Line-Westours, Inc., 147 F. Supp. 2d 1309 (S.D. Fla. 2001); Bender Shipbuilding & Repair Co., Inc. v. The Vessel DRIVE OCEAN V, 123 F. Supp. 2d 1201 (S.D. Cal. 2000), 2000 A.M.C. 1958; Tady v. Holland America Line-Westours, Inc., 1998 A.M.C. 2922 (Cal. App. 4th 1997); Osborn v. Princess Tours, Inc., 1996 A.M.C. 1481 (C.D. Cal. 1996); Santos v. Royal Cruise Lines, 1996 A.M.C. 773 (Cal. Super. Ct. 1995); Berman v. Royal Cruise Line, 1995 A.M.C. 1926 (Cal. Sup. Ct. 1995); Meyer v. Carnival Cruise Lines, Inc., 1995 A.M.C. 1652 (N.D. CA 1994); Saroza v. Royal Caribbean Corp., et al., 1992 A.M.C. 428 (C.D. CA 1991); aff’d 996 F.2d 1227 (9th Cir. 1993); Hayman v. Sitmar Cruises, Inc., (1993) 14 Cal. App. 4th 1499; 18 Cal. Rptr. 2d 412; Vander Lind v. Superior Court, (1983) 146 Cal. App. 3d 358; 194 Cal. Rptr. 209. |
| Education: | University
of Hartford (B.A., summa cum laude, 1976) University of San Diego School of Law (J.D., cum laude, 1978) |
| Honors: | Honorary Captain of the Port, San
Diego Port Tenants Association, 2004. “AV” rated by Martindale-Hubbell. Member, University of San Diego Law Review, 1977-78. American Jurisprudence Book Award - Conflict of Law, 1977. Member, Alpha Chi Honor Society, 1974-76. Recipient, Copley Press Merit Scholarship, 1976. |
| Admissions: | U.S.
Supreme Court California Supreme Court U.S. Court of Appeals - Ninth Circuit U.S. District Court - Southern, Central, Northern and Eastern Districts of California |