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Marc J. Fink

Senior Counsel

: Washington, D.C.
1200 19th Street, NW
3rd Floor
Washington, D.C. 20036
P: (202) 463-2503
TF: (800) 540-1355
F: (202) 912-4830

Marc J. Fink

Marc J. Fink has more than 30 years of experience representing companies and organizations involved in the transportation industry before the courts, arbitration panels, boards of contract appeals, federal agencies and Congress. His practice covers the gamut of legal issues which are faced by companies engaged in the transportation of cargo. He frequently provides advice on U.S. trade sanctions and compliance with statutory and regulatory obligations pertaining to transportation that are administered by various U.S. agencies. Marc also has significant experience in dealing with the Federal Maritime Commission, the Maritime Administration, the Department of Homeland Security and the Office of Foreign Asset Control in the Department of Treasury.

Marc has litigated cases in both district and appellate courts in multiple jurisdictions and regularly deals with matters before various regulatory bodies focused on maritime matters. He also counsels many companies and organizations with regard to the application of the antitrust laws to the maritime industry. In addition to many years of litigation, Marc has broad experience in handling corporate and commercial matters, including all aspects relating to the construction of vessels, maritime contracts and charters, and government contract matters.

Marc also provides regulatory, public affairs advocacy, and strategic counseling advice to clients involved in cross-border transactions. In this connection, he has successfully represented clients before the Committee on Foreign Investment in the United States (CFIUS), a multi-agency group with the statutory authority to review and block proposed US investments by non-US sources. He has also assisted clients with related security issues including mitigation of foreign ownership, control or influence (FOCI), and compliance with industrial security rules administered by the Defense Security Service.

Marc has served as president of the Maritime Administrative Bar Association. He has spoken on maritime, transportation, and antitrust compliance and government contract issues before various transportation organizations and testified on maritime related matters before Congress. Marc is listed as a Band 1 lawyer for nationwide shipping regulatory work in Chambers USA America's Leading Lawyers for Business.

Marc's legal career began with a clerkship at the U.S. Court of Claims; he then spent several years as a trial attorney with the U.S. Department of Justice. After entering private practice in 1977, Marc was a partner for two prominent laws firms in the District of Columbia before becoming a founding partner of Sher & Blackwell, which joined Cozen O'Connor in 2010.

Marc earned his Bachelor of Arts from SUNY-Fredonia in 1967 and his J.D. from George Washington University Law School in 1973.

Experience

Represented two large oil companies in a dispute with a port before the Federal Maritime Commission.

Advised a marine terminal operator on regulatory and antitrust issues.

Successfully defended a bid protest before the D.C. Contract Appeals Board.

Handled class action litigation brought against several ocean carriers.

Negotiated an agreement with a bank regarding a mortgage default by an ocean carrier.

Advised a U.S. flag company on issues relating to the construction of a tanker.

Advised a U.S. ocean carrier on joint venture issues and antitrust issues presented.

Represented a marine terminal operator in an action against the Port of Oakland in the U.S. Court of Appeals for the District of Columbia Circuit, whose decision against the immunity of the Port of Oakland permits marine terminal operators to pursue civil complaints at the Federal Maritime Commission.

The Government Accountability Office (“GAO”) sustained a protest brought by Cozen O'Connor challenging technical restrictions in a U.S. Forest Service solicitation for aerial firefighting services. The procurement, structured as a “call when needed” basic ordering agreement, restricted offers to aircraft with a maximum tank size of 5,000 gallons. The restriction would have disqualified Global SuperTanker’s converted 747 aircraft, which has a tank capacity of 19,200 gallons. In sustaining the protest, GAO adopted the arguments advanced by Cozen O’Connor that the tank size restriction was unduly restrictive, detrimental to competition, and was not reasonably necessary to meet the Forest Service’s needs to fight wildfires. In addition to awarding costs incurred in pursuit of the protest, GAO’s decision establishes a clear limit on agency discretion to impose technical restrictions in solicitations. Global SuperTanker Services, LLC, B-414987 et al., 2017 CPD ¶ 345 (Comp. Gen. Nov. 6, 2017).

Represented an international ocean carrier in connection with contract claims made by the U.S. Government pertaining to the transportation of military cargo from the United States to Afghanistan. Assisted the client in reaching a favorable settlement of claims, including claims made under the False Claims Act.

News

Seven Cozen O’Connor Lawyers Named 2019 “Lawyers of the Year” by Best Lawyers in America

August 31, 2018

Cozen O’Connor is proud to announce that seven of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America, one of the oldest and most highly regarded peer review publications in the legal profession.

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Washington, D.C. Super Lawyers Recognizes 15 Cozen O'Connor Attorneys

May 15, 2018

Fourteen Cozen O’Connor attorneys have been named 2018 Super Lawyers or Rising Stars by Super Lawyers Magazine Washington, D.C. edition, published by Thomson Reuters.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Two Practice Areas and Eight Attorneys Named to the Legal 500 United States

June 19, 2017

The Legal 500 United States recommended Cozen O’Connor’s Shipping and Aviation practices and named Mark Atwood, Geoffrey Ferrer, Bruce Ficken, Mark Fink, David Heffernan, Jeffrey Lawrence, Robert Magovern, and Anne Mickey to its 2017 list.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

11 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

May 15, 2017

Selection to Super Lawyers is based on peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Cozen O’Connor Earns Client Recognition in 2016 Chambers USA Rankings

May 27, 2016

Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.

Fifty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 17, 2015

The current edition is based on more than five million detailed evaluations by the top lawyers of the country. This list will be included in dozens of city and regional publications in the United States including The Wall Street Journal, The New York Times, and The Washington Post.

Cozen O’Connor Earns Client Recognition in 2015 Chambers USA Rankings

July 06, 2015

Chambers USA recognized 37 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 10 were ranked in the top band.

Eleven Cozen O'Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

April 27, 2015

Washington, D.C., April 27, 2015 – The 2015 Washington, D.C., edition of Super Lawyers Magazine, published by Thomson Reuters, has named 11 Cozen O’Connor attorneys to its annual list of Super Lawyers and Rising Stars.

Cozen O’Connor’s Transportation & Logistics Practice Highlighted in Bisnow

January 21, 2015

Bisnow interviewed several members of the Transportation & Logistic Practice who are residents in our Washington, D.C., office to get a realistic perspective of transportation and logistics issues coming up in 2015. For the article titled “This Firm Puts Advisors on Seven Continents. Here’s Why,” Bisnow spoke with David Heffernan, Ken Hines, Mark Atwood and Steve Lachter regarding aviation regulatory issues. On the maritime side, Bisnow had discussions with Marc Fink and also interviewed Jeff Lawrence as the chair of the Transportation & Logistics Practice Group.

Cozen O’Connor Earns Client Recognition in 2014 Chambers USA Rankings

May 30, 2014

Chambers USA recognized 29 Cozen O’Connor lawyers as leaders in their respective fields; six attorneys were recognized nationally and eight were ranked in the top band. Stanley Sher was named a “Senior Statesman” in the “Transportation: Shipping: Regulatory (outside New York)” industry, for the pivotal role Sher plays in the firm’s continued success in the transportation industry.

Nine Cozen O’Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

May 01, 2014

Washington, D.C., May 1, 2014 – The 2014 Washington, D.C., edition of Super Lawyers Magazine, published by Thomson Reuters, has named nine Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

46 Cozen O’Connor Lawyers Named to The Best Lawyers in America

August 28, 2013

Forty-six Cozen O’Connor lawyers from eight of the firm’s national offices have been selected for inclusion in The Best Lawyers in America. Attorneys were selected based on a rigorous peer-review of more than 4.3 million detailed evaluations. The list will be included in publications such as The Washington Post, Los Angeles Times, and New York magazine.

Cozen O’Connor Earns Client Recognition in 2013 Chambers USA Rankings

May 26, 2013

PHILADELPHIA – May 26, 2013 – Chambers USA has recognized 29 Cozen O’Connor lawyers as leaders in their fields; five attorneys were recognized nationally and five were ranked in the top band.

Cozen O’Connor Earns Client Recognition in 2012 Chambers USA Rankings

June 11, 2012

Chambers USA has recognized 28 Cozen O’Connor lawyers as leaders in their fields; five attorneys were recognized nationally and three were ranked in the top band.

Cozen O’Connor Earns Client Recognition in 2011 Chambers USA Rankings

June 16, 2011

Chambers USA has recognized 27 Cozen O’Connor lawyers as leaders in their fields.

43 Cozen O’Connor Lawyers Named to The Best Lawyers in America

February 09, 2011

Forty-three Cozen O’Connor lawyers from six of the firm’s national offices have been selected for inclusion in the 2011 edition of The Best Lawyers in America. Lawyers were selected for inclusion in the 2011 edition based on a rigorous peer–review of more than 3.1 million detailed evaluations.

Ninth Circuit Decision Interprets Arbitration Provision Narrowly [Maritime Alert!]

August 22, 2011

Ninth Circuit Decision Interprets Arbitration Provision Narrowly - Maritime Alert! - The U.S. Court of Appeals for the 9th Circuit recently issued a decision, Cape Flattery Limited v. Titan Maritime LLC, Docket No. 09-15682, holding that a dispute pertaining to liability for damage caused during the salvage of a vessel could proceed in court, despite the inclusion of an arbitration provision in the salvage contract. In light of this decision, we recommend reviewing the language of all contractual arbitration clauses