Cozen O’Connor: Loh, David Y.

David Y. Loh

Member

New York

(212) 908-1202

(646) 239-8314

(866) 790-1914

Recent Publication:

The Supreme Court Finds International Organizations Are Entitled to Limited Immunity [Alert]

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.

David Y. Loh focuses his practice on international transportation matters, with an emphasis on the international purchase and sale of goods and commodities throughout the world.

David has extensive experience in successfully litigating marine, aviation, intermodal & logistics, inland marine, yacht and other transportation matters. In addition to handling various trade and transportation matters, he has extensive experience with insurance coverage matters with an emphasis on transportation-related risks.

David earned his undergraduate degree from Brown University and his law degree from Boston College Law School, where he was the executive editor of the Boston College Third World Law Journal. Prior to attending law school, he served on active duty in the U.S. Navy as a surface warfare officer. He also served after law school as a member of the Selected Reserves and as commanding officer of NR Destroyer Squadron 18. He retired with the rank of lieutenant commander. 

News

18 Cozen O'Connor Attorneys Named New York Metro Super Lawyers and Rising Stars

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."

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.

Admiralty Regional Meeting 2018

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.

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.

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.

ABA Regional CLE Workshop: Current Topics in Marine Insurance Coverage

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.

19 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

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.

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.

ABA Regional CLE Workshop: New York Admiralty Regional Meeting

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.

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.

21 Cozen O'Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

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.

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.

16 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

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.

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.

NYCLA Admiralty & Maritime Law Committee CLE

June 12, 2012

NYCLA Admiralty & Maritime Law Committee CLE

AIA 2012 Annual Conference

May 01, 2012

AIA 2012 Annual Conference

David Loh quoted in Inside Counsel

March 27, 2012

David Loh quoted in Inside Counsel

Chicago Marine Cargo Conference

June 29, 2010

Chicago Marine Cargo Conference

David Y. Loh Speaks at Life Sciences Industry Forum

June 29, 2009

David Y. Loh Speaks at Life Sciences Industry Forum

Industry Forum: Life Sciences First Party Risks Facing Life Sciences Companies - A Strategic View and Open Forum Discussion

June 24, 2009

Industry Forum: Life Sciences First Party Risks Facing Life Sciences Companies - A Strategic View and Open Forum Discussion

Publications

The Supreme Court Finds International Organizations Are Entitled to Limited Immunity [Alert]

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.

Recent Supreme Court Decision Will Likely Affect the Taxability of Personal Injury Settlements [Alert]

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.

Designation of Witnesses under Rule 30(b)(6) May Change [Alert]

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.

U.S. Supreme Court Takes Another Look at Maritime Punitive Damages [Alert]

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.

Fire on Water [Best's Review]

December 14, 2018

David Loh,a member of the firm's Transportation & Trade Group, authored, "Fire on Water" for Best's Review.

What Is a “Mary Carter” Agreement? [ABA Practice Points]

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.

Piercing Limitation of Liability in the Admiralty and Maritime Context

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.

Shipowner Who Tried to Skirt Club Rules Runs Aground in Court

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.

The COGSA $500 Package Limit Does Not Apply to On-Deck Cargo [ABA Section of Litigation]

February 29, 2016

David Loh of the Transportation & Trade Practice Group wrote this article for the Admiralty Committee, ABA Section on Litigation.

Du coté de Quimper [Review of Transportation Law]

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.

Développements récents en droit américain des transports [Revue de Droit des Transports et de la Mobilité] (In French)

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.

Legal Ease [The Beacon 6]

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.

Second Circuit Overturns its Prior Decision in Winter Storm [Maritime Alert!]

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.

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!]

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.

2009 American Recovery and Reinvestment Act Amends Longshore and Harbor Workers Compensation Act [Maritime Alert!]

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”).

Buyers Should Beef Up Coverage, With Food Exposures Expanding [National Underwriter]

September 01, 2008

Buyers Should Beef Up Coverage, With Food Exposures Expanding - National Underwriter -

U.S. Cargo Security [Cozen O'Connor Presentation]

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

US Toughens Up [Maritime Risk International]

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.

Insurance Coverage Observer [Winter 2008]

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.

2007 Insurance Coverage Seminar - New York City [Seminar Presentation - Program Book]

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

Sompo vs. Altadis/COGSA vs Carmack [Maritime Alert!]

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.

Navigating – And Working To Reconcile – A Sea Of Conflicting Cargo Laws [Maritime Risk International]

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
of carriage.

Hot Topic: Insurers must be ready to defend lawsuits blaming global warming on greenhouse gas emissions. [BEST'S REVIEW]

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.

US court applies the doctrine of equitable estoppel [Insurance Day]

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.

Education

  • Boston College Law School, J.D., 1992
  • Brown University, A.B., 1985

Awards & Honors

Chambers & Partners USA: Transportation: Shipping/Maritime: Litigation 2016-2018

Who's Who Legal: Transport 2015, 2016

New York Super Lawyers: Transportation & Maritime (New York) 2009-2018

Best Lawyers in America  2013-2019

Martindale-Hubbell AV Preeminent Peer Review Rated

Judge John R. Brown Admiralty Moot Court Competition Brief Judge since 2008

  • Massachusetts
  • New York
  • U.S. Bankruptcy Court -- Massachusetts
  • U.S. Bankruptcy Court -- Southern District of New York
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Massachusetts
  • U.S. District Court -- New Jersey
  • ABA, Section of Litigation, Sub-Committee Chair on Hull & Machinery/Cargo
  • Federal Bar Association
  • Maritime Law Association of the United States, Chair of Subcommittee on Freight Forwarders
  • New York County Lawyers Association, Chair of Admiralty and Maritime Committee 2010 - 2014
  • Transportation Lawyers Association

Additional Language Biographies