Episodios

  • Who Keeps Your Money? Understanding MYBA vs. IYBA Yacht Contracts
    May 1 2025

    Text us your ideas and feedback!

    Yacht deposit disputes are heating up in an industry already feeling the pressure of tariff uncertainties. Michael Moore and Diane Byrne dive into the complex world of deposit recovery, exploring why more buyers are suddenly concerned about getting their money back when yacht deals fall through.

    The conversation reveals a stark contrast between two industry-standard contracts: the Mediterranean Yacht Brokers Association (MYBA) and International Yacht Brokers Association (IYBA). While IYBA offers what Moore calls an "easy in, easy out" approach, allowing buyers to reclaim deposits relatively painlessly, the MYBA contract creates significant hurdles through ambiguous terminology like "operational integrity" – a phrase that has launched expensive legal battles, with no clear definition in maritime law.

    Perhaps most eyebrow-raising is the standard practice of having selling brokers hold substantial deposits while maintaining a direct financial interest in the transaction's outcome. Unlike other industries that employ neutral third-party escrow agents, yacht brokers face inherent conflicts when disputes arise. As Moore warns: "You're sending a million dollars to someone that you've never met, that are in another country... and you're playing with fire if you don't really have an understanding of who's going to be holding these soft and substantial funds."

    For anyone considering a yacht purchase, especially during uncertain economic times, understanding these contract nuances becomes essential protection. Whether dealing with a $200,000 boat or a $20-million superyacht, the fundamental principles remain the same: The devil truly is in the details, and those details can either safeguard or jeopardize your deposit when yacht dreams hit rough waters.

    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.

    Más Menos
    29 m
  • The Legal Battles of Amadea and Alpha Nero: Constitutional Rights, Maritime Law, and Political Fallout
    Mar 31 2025

    Text us your ideas and feedback!

    The high-stakes drama of seized superyachts unfolds as landmark legal rulings reshape our understanding of who truly owns these floating palaces. Following Russia's invasion of Ukraine in 2022, vessels like the $225 million Amadea and Alpha Nero became battlegrounds where constitutional rights, maritime law, and international sanctions collide.

    Judge Ho's recent 80-page ruling on Amadea delivers a masterclass in beneficial ownership principles, cutting through layers of offshore companies to determine that despite a title transfer to Edward Kudanatov, the Karamov family remained the true beneficiaries. The judge's detailed analysis of "dominion and control" establishes precedent for similar cases worldwide, explaining how courts distinguish between mere title holders and those who actually benefit from and control these assets.

    Meanwhile, Alpha Nero's saga continues with yet another lawsuit filed by the daughter of the original owner, this time in US federal court after losing multiple cases in Caribbean jurisdictions. The new filing seeks financial records related to $10 million allegedly "missing" from the yacht's auction proceeds—a claim likely to face dismissal under the doctrine of comity, where courts typically defer to other jurisdictions that have already ruled on substantially similar matters.

    The future of Amadea seems to hang in the balance following the disbanding of the Klepto-Capture Task Force under the new administration. With Amadea costing approximately $1 million monthly to maintain, however, pressure mounts to conduct a proper judicial sale following internationally accepted standards. Importantly, it's worth noting that a successful auction will require not just due process and proper notice, but also clear commission structures for yacht brokers who introduce potential buyers—without whom the pool of qualified purchasers for these extraordinary assets would dramatically shrink.

    Want to learn more about the complex legal issues affecting yacht ownership worldwide? Subscribe to The Yacht Law Podcast for expert analysis and insights from Michael Moore and Diane Byrne.

    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.

    Más Menos
    34 m
  • Superyacht Cruising in Alaska: Navigating the Legal Waters
    Feb 27 2025

    Text us your ideas and feedback!

    Are you eager for extraordinary superyacht cruising experiences in Alaska? This episode offers a comprehensive exploration of the essential regulations, documentation requirements, and environmental considerations that yacht owners must be aware of before navigating these stunning waters. We uncover the increasing popularity of Alaskan cruising, highlighting why this destination has become a sought-after choice for yacht enthusiasts.

    Gain insight into maritime laws that differentiate Alaska from other states, affecting how yacht travel operates in this pristine region. We discuss crucial topics such as pilotage, necessary certifications, and the environmental impact regulations in place. You'll discover the significance of having proper permits and documentation while in the state, which can be the key to avoiding legal pitfalls.

    Additionally, learn about the importance of choosing a knowledgeable yacht agent. Their expertise in local laws and requirements can make your journey smoother and more rewarding. With such vital information at your fingertips, you'll be well-equipped for an unforgettable yachting experience amidst Alaska's breathtaking landscapes.

    Join us, subscribe, share, and leave a review to keep our discussions going! What questions do you have about yachting in Alaska? Your insights are invaluable!

    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.

    Más Menos
    24 m
  • Yacht Salvage: A Salvor's Tale of Saving the Sunken
    Dec 19 2024

    Text us your ideas and feedback!

    Yacht salvage is a complex field that intertwines legal, environmental, and practical challenges. While the subject was a topic for a podcast in our first season, that episode led to more in-depth questions--as did the subsequent sinking iof the superyacht Bayesian. Therefore, in this episode, we explore notable incidents, including that of the Bayesian, and the layers of responsibility and coordination crucial for effective salvage operations with the legendary salvor Nick Sloane.

    A former president of the International Salvage Union, Nick learned early lessons during his first major operation on a Spanish tanker in 1983. He gained further expertise thanks to the staggering complexities of one of the most high-profile cases in modern times, specifically the Costa Concordia salvage, Ever wondered what it takes to tackle marine emergencies and avert disaster in trying to raise a yacht or other vessel? You're about to find out. Nick shares captivating stories and profound insights that reveal the layers of responsibility, coordination, and quick decision-making required.

    This episode explores the procedural and legal intricacies that make or break a yacht salvage operation. Dive into a riveting case where quick action saved a sunken yacht, and unravel the challenges of lifting these colossal vessels from the depths. Learn about how mitigating environmental damage became significantly more important following yet another high-profile salvage. Additionally, you'll hear straight from Nick why mastering buoyancy and preserving structural integrity, all the while monitoring weather windows, is just as crucial.

    Join us for an eye-opening discussion that underscores the essential role of skilled salvors in protecting both the environment and financial assets.

    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.

    Más Menos
    35 m
  • Yacht Collisions at Sea: Navigating Responsibilities
    Jun 3 2024

    Text us your ideas and feedback!

    Embark on a riveting journey as Michael, a veteran maritime lawyer, sheds light on the complexities of maritime law sparked by the collision of the container ship Dali with the Francis Scott Key Bridge in Baltimore. The first chapter of our discussion steers through the legal presumptions and navigational rules that govern the seas, revealing how these centuries-old principles still profoundly impact the resolution of maritime incidents. Michael's narrative intertwines the threads of his professional path with America's rich seafaring past, creating a tapestry that illustrates the depth and influence of admiralty law in modern navigation and litigation.

    As we sail into the murky waters of maritime terminology, Michael clarifies the distinction between 'alision' and 'collision'—terms that might sound synonymous but carry significantly different legal connotations. The conversation anchors on a real-world example, dissecting the responsibilities of a vessel's captain versus those of a state-assigned pilot, and delves into the crucial protocols that must be followed when technical issues arise onboard. Drawing parallels with historic maritime disasters, we explore the enduring question of how crews communicate critical information and the legal ramifications that follow.

    The final chapter of our voyage investigates the aftermath of maritime tragedies, focusing on the role of the NTSB and the interplay between public opinion and the legal system. Through the lens of Captain John Laro's story and the heart-wrenching bridge collision he was involved with, we scrutinize the legal strategies employed and the evidentiary hurdles navigated in courtrooms. Michael's insights offer a beacon of understanding for anyone intrigued by the intricacies of maritime law and the quest for justice on the open seas. Join us for a podcast episode that promises to leave you with a newfound respect for the legal guardians of our waterways.

    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.

    Más Menos
    40 m
  • A Deep Dive Into the Yachting Industry's Class Action Controversy
    Apr 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.

    Más Menos
    34 m
  • David Seal: Anchoring Trust & Ethics in the World of High-End Yacht Sales
    Feb 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.

    Más Menos
    38 m
  • Yacht Charter Regulations: Unlocking the Intricacies for Yacht Owners
    Jan 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.

    Más Menos
    45 m
adbl_web_global_use_to_activate_webcro805_stickypopup