Sheppard MullinOf Counsel

Charles S Donovan

About Charles S Donovan

Charles S Donovan is a lawyer practicing bankruptcy and restructuring, commercial lending and financial transactions, asset based lending and 8 other areas of law. Charles received a B.A. degree from Haverford College in 1974, and has been licensed for 49 years. Charles practices at Sheppard Mullin in San Francisco, CA.

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Services

Areas of Law

  • Litigation
  • Transportation
  • Business Law
  • Other 8
    • Bankruptcy and Restructuring
    • Commercial Lending and Financial Transactions
    • Asset Based Lending
    • Equipment Leasing
    • Financial Services Litigation
    • International Arbitration
    • International Reach
    • Financial Services

Practice Details

  • Firm Information
    Position
    Of Counsel
    Firm Name
    Sheppard Mullin
  • Representative Cases & Transactions
    Cases
    Experience: Significant Appellate Decisions: APL Co. v. UK Aerosols Ltd., 582 F.3d 947 (9th Cir. 2009)(ocean carrier entitled to indemnity
    attorneys' fees from cargo interests for hazardous cargo clean-up).
    Triton Container Int'l Ltd. v. Di Gregorio Navegacao Ltda., 440 F.3d 1137 (9th Cir. 2006)(equipment lessor who obtained judgment against lessee
    guarantors entitled to injunction preventing them from proceeding with case in Brazil on same issues).
    Galehead, Inc. v. M/V ANGLIA, 183 F.3d 1242 (11th Cir. 1999)(price between charterer
    fuel supplier determines value of maritime lien
    fact that supplier purchased fuel at lower price from company who physically delivered fuel to ship irrelevant).
    Oil Shipping (Bunkering) B.V. v. Sonmez Denizcilik ve Ticaret A.S ., 10 F.3d 176, (3d Cir. 1993) (supplier who unwittingly delivered fuel to ship under arrest not entitled to maritime lien or custodia legis claim).
    Nedlloyd Lines v. Superior Court, 3 Cal. 4th 459 (1992) (Hong Kong choice-of-law clause in shareholders' agreement applies to all causes of action arising out of agreement).
    Seawinds Ltd. v. Nedlloyd Lines, 846 F.2d 586 (9th Cir. 1988) (Shipping Act of 1984 requires that antitrust claims be brought before Federal Maritime Commission, not in U.S. District Court).
    Walsh v. Placido Shipping Corp. (In re Pacific Caribbean Shipping (U.S.A.), Inc.), 789 F.2d 1406 (9th Cir. 1986) (shipowner's charter-party lien on subfreights need not be recorded under UCC Article 9).
    Morgan v. Bender Shipbuilding
    Repair Co. (In re Morgan), 28 Bankr. 3 (Bankr. App. 9th Cir. 1983) (shipyard's arbitration clause enforceable against vessel owner in bankruptcy).
    Representative Maritime Transactions: Advised a U.S.-based investment entity in connection with its purchase of a Vanuatu-flag vessel, release of an Egyptian bank's mortgage, transfer to Mexican registry,
    finance lease to a Mexican operator. Drafted all pertinent sale
    financing documents in co-operation with Mexican attorneys.
    Drafted lease terms
    conditions for Chinese-controlled marine equipment leasing company.
    Prepared st
    ard transportation terms for a manufacturer in connection with a logistics contract it made with a logistics provider.
    Advised an international lender in connection with its purchase
    lease-back of ocean cargo containers to a Korean steamship line.
    For a major ocean cargo container leasing company, established a purchasing program with several Chinese suppliers/manufacturers that allows the client flexibility in ordering as to price, timing
    type of equipment.
    For the same leasing company, drafted leasing terms
    condition, lessee guaranties, letters of credit,
    other documents.
    Negotiated, drafted
    monitored vessel construction contracts for different clients, including financing (both pre-
    post-launch),
    related documentation.
    Negotiated
    drafted charter parties (both time
    bareboat) for several clients for numerous vessels.
    For a non-U.S. client that acquired an American company, arranged sale
    charter back (on a time-charter basis) of vessels the client could not legally own under U.S. law, working closely with U.S. regulatory authorities.
    Advised an international construction products manufacturer regarding its affreightment contract relating to bulk carriers operated by a Canadian concern.
    Advised a European steamship line regarding its terminal services agreements on the U.S.
    Canadian Pacific Coast.
    Teaching Experience: Has served as a member of the adjunct faculty at the University of Southern California Law School since 2003
    Transactions
    Representative Maritime Transactions: Advised a U.S.-based investment entity in connection with its purchase of a Vanuatu-flag vessel, release of an Egyptian bank's mortgage, transfer to Mexican registry, and finance lease to a Mexican operator. Drafted all pertinent sale and financing documents in co-operation with Mexican attorneys.; Drafted lease terms and conditions for Chinese-controlled marine equipment leasing company.; Prepared standard transportation terms for a manufacturer in connection with a logistics contract it made with a logistics provider.; Advised an international lender in connection with its purchase and lease-back of ocean cargo containers to a Korean steamship line.; For a major ocean cargo container leasing company, established a purchasing program with several Chinese suppliers/manufacturers that allows the client flexibility in ordering as to price, timing and type of equipment.; For the same leasing company, drafted leasing terms and condition, lessee guaranties, letters of credit, and other documents.; Negotiated, drafted and monitored vessel construction contracts for different clients, including financing (both pre- and post-launch), and related documentation.; Negotiated and drafted charter parties (both time and bareboat) for several clients for numerous vessels.; For a non-U.S. client that acquired an American company, arranged sale and charter back (on a time-charter basis) of vessels the client could not legally own under U.S. law, working closely with U.S. regulatory authorities.; Advised an international construction products manufacturer regarding its affreightment contract relating to bulk carriers operated by a Canadian concern.; Advised a European steamship line regarding its terminal services agreements on the U.S. and Canadian Pacific Coast.

Experience

  • Bar Admission & Memberships
    Admissions
    1977, Louisiana
    1977, Massachusetts
    1982, California
    U.S. Supreme Court
    Memberships

    Memberships

    • Early Neutral Evaluator, Alternative Dispute Resolution Program of the U.S. District Court in San Francisco

    • Held several positions of leadership in the ABA and the Maritime Law Association of the United States

    • Chair, Marine Finance Subcommittee of the ABA's Business Law Section

  • Education & Certifications
    Law School
    Cornell University
    Class of 1977
    J.D.
    Other Education
    Haverford College
    Class of 1974
    B.A.
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