David is an experienced commercial litigator who has handled hundreds of matters in both federal and state courts from inception thru trial. He has particular experience in resolving international transportation disputes through arbitration or litigation, especially with respect to vessel and aviation casualties. David has often served as an arbitrator in maritime disputes. He regularly provides legal advices to vessel interests based on real world operational concerns and relevant charter party language.
As a valued member of the Business Law Group, he helps a wide range of businesses to assess, manage and resolve transportation-related exposures and to exploit opportunities in the highly dynamic world of transportation and energy law. He counsels companies on new markets, project development and related matters. He promptly helps clients to construct and interpret complex business instruments on a regular basis. He also advises clients on insurance risk, especially with respect to marine and aviation policies.
Before attending law school, David served on active duty in the U.S. Navy as a surface warfare officer, retiring with the rank of lieutenant commander. In law school, David served as executive editor of Boston College Third World Law Journal.
May 14, 2020
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.
September 27, 2019
Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.
August 28, 2019
Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.
April 25, 2019
Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.
September 21, 2018
Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."
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.
April 06, 2018
David Loh, a member of a member of the Firm's Transportation and Trade Practice Group, will moderate a panel, " Recent Developments in the Law- Recoverability and Calculation of Damages" at the Admiralty Regional Meeting 2018 in Houston, Texas.
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.
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.
February 02, 2017
David Loh of the Transportation & Trade Practice Group will moderate a panel titled The Rising Tide of Marine Insurance and its Cornerstone Doctrine of Utmost Good Faith.
October 05, 2016
The 2016 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.
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.
June 09, 2016
David Loh of the Transportation & Trade Practice Group is the program organizer and moderator for this program focusing on recent developments in the Outer Continental Shelf Lands Act and how to respond to the catastrophic casualty.
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.
October 05, 2015
The 2015 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 21 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.
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.
September 23, 2014
The 2014 New York Metro edition of Super Lawyers Magazine, published by Thomson Reuters, has named 16 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.
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.
June 12, 2012
NYCLA Admiralty & Maritime Law Committee CLE
May 01, 2012
AIA 2012 Annual Conference
March 27, 2012
David Loh quoted in Inside Counsel
June 29, 2010
Chicago Marine Cargo Conference
June 29, 2009
David Y. Loh Speaks at Life Sciences Industry Forum
June 24, 2009
Industry Forum: Life Sciences First Party Risks Facing Life Sciences Companies - A Strategic View and Open Forum Discussion
April 28, 2020
David Loh and Chris Raleigh discuss the possibility of the U.S. Supreme Court permitting U.S. discovery in international private arbitration and what that means for foreign companies doing business in the United States.
April 24, 2020
David Loh and Chris Raleigh warn American companies considering doing business in Cuba to investigate whether their operations could arguably constitute “trafficking” in property that was confiscated by the Castro regime and subject them to claims under the Helms-Burton Act.
April 06, 2020
David Loh and John Ho discuss New York's new state budget and the Emergency or Disaster Treatment Protection Act, which protects health care professionals from liability that may result from the treatment of individuals with COVID-19.
April 01, 2020
Chris Raleigh and David Loh discuss the Supreme Court's decision in Citgo Asphalt Refining Co. v. Fescati Shipping Co., Ltd., and what owners, charterers, and shippers should do next.
March 30, 2020
David Loh and Chris Raleigh discuss the importance of investigating a loss promptly and retaining appropriate experts to reasonably preserve the facts and circumstances leading up to the loss.
January 29, 2020
David Loh and Chris Raleigh discuss the Fica Frio, Ltd. v. Jerry Seinfeld v. European Collectibles, Inc., case and New York state's Long Arm statue.
October 22, 2019
U.S. District Judge Marcia Morales Howard of the U.S. District Court for the Middle District of Florida, Jacksonville Division, dismissed sua sponte the complaint filed by plaintiff Sompo Japan Nipponkoa Insurance, Inc. against defendants CSX Corp., CSX Transportation, Inc. and Savage Services Corp. because the district court considered it to be an impermissible “shotgun pleading.”
September 24, 2019
David Loh and Chris Raleigh discuss the Sixth Circuit' decision in Abdul Latif Jameel Transportation Company Ltd. v. FedEx Corp., that relies on the Supreme Court decision in Intel Corp. v. Advanced Micro Devices, Inc.
September 19, 2019
David Loh and Chris Raleigh discuss the Third Circuit's decision, ordering the district court to allow discovery to determine if Uber drivers belongs to a class of transportation workers engaged in interstate commerce.
June 25, 2019
David Loh discusses U.S. v Citigo and what it means that the U.S. Supreme Court will be hearing this appeal from the Third Circuit.
June 25, 2019
David Loh discusses the U.S. Supreme Court — in a 6 to 3 decision — holding in Dutra Group v. Batterton that a seaman may not recover punitive damages on a claim of vessel unseaworthiness.
April 29, 2019
David Loh discusses how a recent SCOTUS decision could impact the maritime industry.
March 19, 2019
David Loh discusses the Supreme Court's recent decision in Jam v. International Finance Corp., and how it impacts international organizations governed by the IOIA.
March 19, 2019
David Loh discusses how a recent Supreme Court ruling will impact the calculation of damages in any personal injury action governed by the FELA, including personal injury actions governed by the Jones Act.
February 11, 2019
David Loh and Chris Raleigh discuss what changes were made to this rule, who is objecting, and how you can still voice your concerns.
December 18, 2018
David Loh discusses the Ninth Circuit’s decision in Dutra, how it contradicts the 2014 Fifth Circuit decision in McBride v. Estis Well Service LLC, and how the Supreme Court, by granting certiorari, will revisit the issue of maritime punitive damages and resolve the conflict between the Ninth and Fifth Circuit.
December 14, 2018
David Loh,a member of the firm's Transportation & Trade Group, authored, "Fire on Water" for Best's Review.
November 09, 2018
David Loh, a member in the firm's Transportation & Trade Practice, and Willliam Lesser, an associate in the firm's Commercial Litigation Department, co-authored, "What Is a “Mary Carter” Agreement?" for the American Bar Association Practice Points.
November 22, 2017
David Loh, a member of Cozen O'Connor's Transportation and Trade Group, published, "Piercing Limitation of Liability in the Admiralty and Maritime Context," with Ethan Price-Livingston for Best Lawyers.
June 21, 2017
David Y. Loh and Hallie McDonald discuss a recent ruling that a shipowner member was bound to a P&I Club’s board of directors' decision denying coverage for that member’s losses arising from a maritime casualty.
February 29, 2016
David Loh of the Transportation & Trade Practice Group wrote this article for the Admiralty
Committee, ABA Section on Litigation.
December 16, 2013
Cozen O'Connor lawyers in New York and Washington author an article for French Lexis Nexis Transportation Law newsletter. For the second year in a row, Christopher Kende, Christopher Raleigh and David Loh of the New York office and Marc Atwood and Wayne Rhode of the D.C. office have co-authored an article providing a summary review of developments in transportation law for the French Lexis Nexis publication Review of Transportation Law, which is distributed electronically to approximately 4000 registered readers in France.
December 01, 2012
Published by LexisNexis
Notre chronique de droit américain des transports prévoit une brève explication du système américain, très différent d’un système juridique régi par le Code civil. Nous aborderons un certain nombre de points concernant les récents développements de la règlementation et de la jurisprudence en droitmaritime, droit aérien et droit terrestre des transports. Ces développements ne sont pas exhaustifs, nous avons donc essayé de commenter les arrêts ainsi que l’évolution de la réglementation qui pourraient intéresser les Européens.
September 21, 2010
Legal Ease - The Beacon 6 - The Deepwater Horizon Oil Spill in the
Gulf of Mexico, potentially one of the most
devastating oil spills in U.S. history, will no
doubt cause the government to re-examine
the legal and regulatory scheme governing
oil pollution in U.S. waters. Until then, we
should consider the current legal regime
governing civil and criminal liability for oil
pollution under U.S. law.
October 19, 2009
Second Circuit Overturns its Prior Decision in Winter Storm - Maritime Alert! - On October 16, 2009, the U.S. Court of Appeals for
the Second Circuit in a case entitled “The Shipping Corporation of India v. Jaldhi Overseas Pte Ltd.” filed under Case No. 08-3477-cv, held that electronic fund transfers (“EFTs”) being processed by an intermediary bank are not property subject to attachment under Rule B, and with the consent of all active judges of the Second Circuit, overruled Winter Storm Shipping, Ltd. v. TPI, 310 F.3d 263 (2nd Cir. 2002)and all of its progeny.
March 20, 2009
Southern District of Florida Finds 'Fear of Loss' Sufficient to Establish Cargo Arrived in 'Damaged' Condition and Inter-Company Transfer Price is a Proper Measure of Damage - Maritime Alert! - On March 10, 2009, the U.S. District Court for the
Southern District of Florida in a case entitled “Eli
Lilly and Company, et al. v. Air Express International
USA, Inc. d/b/a DHL Global Forwarding, et al.” filed under Case
No. 06-23047-CV-MOORE, found that plaintiffs Eli Lilly and its
insurers could recover full damages, approximately $10
million, from defendant air carrier DHL.
March 05, 2009
2009 American Recovery and Reinvestment Act Amends Longshore and Harbor Workers Compensation Act - Maritime Alert! - In addition to providing for the expenditure of billions of
dollars to stimulate the American economy, the 2009
American Recovery And Reinvestment Act limits the
reach and scope of the Longshore and Harbor Workers
Compensation Act, 33 U.S.C. Sec. 901, et seq. (the “LHWCA”).
September 01, 2008
Buyers Should Beef Up Coverage, With Food Exposures Expanding - National Underwriter -
May 01, 2008
U.S. Cargo Security - Cozen O'Connor Presentation - What is the foremost security
threat from shipping containers?
• Covert nuclear devices & materials
• Prevention of contraband is a side-benefit
• Cargo loss or damage is not a concern
How to inspect without interrupting
commerce? Use of non-intrusive technologies to scan containers, including
March 01, 2008
US Toughens Up - Maritime Risk International - 2 pgs total. This article looks at a wave of recent developments to protect maritime trade and improve both the economy and safety.
February 26, 2008
In this issue, we consider a number of emerging issues and also identify key developments in coverage in 2007. We summarize new court decisions dealing with toxic torts, environmental coverage, insolvency and regulatory issues, and construction defect. We feature a key construction defect coverage case in Illinois with important implications. We address global warming in the context of directors with officers liability coverage. Finally, we discuss the emerging areas of fax blast and food contamination, and the impact of the reauthorization of TRIA.
October 23, 2007
2007 Insurance Coverage Seminar - New York City - Seminar Presentation - Program Book - Speaker profiles, Practical Issues in Enforcement of Claims-Made Policies, Basics of D&O Insurance, Analyzing a Claim with Results Oriented to Your Best Interest in Spite of an Extra-Contractual Twist, "Food Fight!" Who Pays When Good Food Goes Bad?, Maritime Insurance: Recurring Coverage Issues, Managing Discovery of Electronic Information: A Pocket Guide for Judges
October 09, 2007
Sompo vs. Altadis/COGSA vs Carmack - Maritime Alert! - 4 pgs total. In conclusion, despite the U.S. Supreme Court’s efforts in Kirby to adopt a single default rule on cargo liability for intermodal shipments, federal courts throughout the U.S. are nevertheless split on how to apply COGSA and Carmack in a consistent and methodical fashion. Until then, we recommend that our maritime clients take all necessary steps to protect their respective interests under both COGSA and Carmack.
October 01, 2007
Navigating – And Working To Reconcile – A Sea Of Conflicting Cargo Laws - Maritime Risk International - Recent court opinions in the US concerning the geographical boundaries of maritime cargo and land transit law have aimed to work toward uniformity, but have unfortunately achieved the opposite result.
It is beyond debate that vessel and cargo
interests need as consistent and predictable a
framework of law as possible, to give effect to
their expectations under intermodal contracts
August 01, 2007
Hot Topic: Insurers must be ready to defend lawsuits blaming global warming on greenhouse gas emissions. - BEST'S REVIEW - A recent U.S. Supreme Court ruling found the Environmental Protection Agency was obligated to regulate greenhouse gases according to the Clean Air Act and take action to control greenhouse emissions.
The outcome of that case, Massachusetts v. Environmental Protection Agency, could forecast more climate change litigation. While raising awareness about the federal government's role in protecting the environment, this case also has the potential to create a snowball effect.
July 13, 2007
US court applies the doctrine of equitable estoppel - Insurance Day - A recent Southern District of New York court ruling took the rare step of applying the
doctrine of equitable estoppel to grant coverage in contravention of a marine policy’s
express terms. The ruling arguably broadens insurers’ duties of communication to
the insured during the adjustment of a claim, according to Erik Kowalewsky and
David Loh of Cozen O’Connor.