Registration9 a.m. - 3 p.m.
DCC Foyer, Desert Conference Center, Riviera Palm SpringsWelcome & Seminar Overview10 - 10:30 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsWelcomes- Marla L. Lien, Kaplan Kirsch & Rockwell LLP
- Paul P. Skoutelas, President and CEO, American Public Transportation Association, Washington, DC
Video Welcome- Nathaniel P. Ford, Sr., Chief Executive Officer, Jacksonville Transportation Authority, Jacksonville, FL
Legislative Update10:30 - 11:30 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsA review of current and potential legislative activity affecting the public transportation industry. Both the Administration and congressional leaders are promising action on a significant infrastructure bill in 2018, and APTA will continue to advocate for our industry priorities. Speaker- Mark Hybner, American Public Transportation Association
Break (pick up lunch)11:30 a.m. - 12 p.m.
DCC Foyer, Desert Conference Center, Riviera Palm SpringsWelcome to Palm Springs12 - 12:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsThe Greater Palm Springs Convention and Visitors Bureau will welcome, and introduce Legal Affairs Seminar attendees to the nine cities of the greater Palm Springs area. Welcome- Jeff Miraglia, VP of Brand Development, Greater Palm Springs Convention & Visitors Bureau, Rancho Mirage, CA
Lunch & Roundtable Discussion 12:30 - 3 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsThis is an informal session for public transit agency attorneys to introduce themselves and share information and strategies for handling legal issues facing their agencies. Come with questions, ideas, and news about the legal challenges your agencies have asked you to solve. (The roundtable discussion is intended as a forum for transit agency attorneys and their outside counsel to exchange information in a non-attribution, confidential setting.) Facilitator- Marla L. Lien, Kaplan Kirsch & Rockwell LLP
Harnessing Data to Benefit the Transit Agency: Real Time, Fare Media, Ridership, and More3 - 4 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsTransit agencies have a valuable asset - data. We will demystify the concept of data for transit attorneys with the goal of understanding what data a transit agency collects and what an agency can do with that data. This session will help transit attorneys spot the legal pitfalls in sharing and acquiring data to better negotiate contract terms that protect and give agencies control of their data. We will tackle the ways a legal team can up its technology game to benefit transit agencies! Moderator- Jenifer M. Ross-Amato, JD, Senior Vice President, Alternative Delivery, WSP USA, Denver, CO
Panelists- Erik Van Hagen, Director, Legal Services, Tri-County Metropolitan Transportation District of Oregon (TriMet), Portland, OR
- Curt Thye, Director of Sales- Midwest, StreetLight Data, Inc., San Francisco, CA
A Conversation with the FTA Chief Counsel 4 - 5 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsFTA’s Acting Chief Counsel will provide a retrospective summary of significant FTA actions in 2017 and a preview of what’s on the horizon in 2018. Speaker- Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
Opening Reception5:30 - 6:30 p.m.
Wexler Garden, Between Buildings 6 and 7, Riviera Palm SpringsSponsored by Kaplan Kirsch & Rockwell Continental Breakfast7:30 - 8:30 a.m.
El Dorado Patio, Desert Conference Center, Riviera Palm SpringsRegistration8 a.m. - 3 p.m.
DCC Foyer, Desert Conference Center, Riviera Palm SpringsTransit Agency Legal Office Management & General Counsel Goals and Performance - Best Practices8:30 - 10 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsWhether you are a law office of one, or have a department of 30 attorneys, managing your law practice efficiently and effectively is critical to your success as general counsel. This session will provide you with “best practices” for law office management from a variety of perspectives, including small office, large office, and managing as outside general counsel. Additionally, you will be given ideas for how to effectively share your general counsel goals and performance with your GM/CEO or board of directors. Moderator- Tim Spangler, Chief Counsel, Sacramento Regional Transit District, Sacramento, CA
Panelists- Dana A. Henderson, Pierce Transit
- James Sanchez, Senior Counsel, Lozano & Smith, Fresno, CA
- Kimon Manolius, General Counsel - Golden Gate Bridge, Highway & Transportation District, Hanson Bridgett LLP, San Francisco, CA
Role of General Counsel in Closed and Open Sessions10 - 11 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsWorking with the CEO, board of directors, management, and even sometimes outside counsel can present challenges and opportunities in your board and committee meetings. This session is designed to provide meaningful insight and information related to the duties, roles, and responsibilities of general counsel in closed and open sessions. Moderator- Bonnie Prosser Elder, General Counsel / Senior Vice President Legal, VIA Metropolitan Transit, San Antonio, TX
Panelists- Rolf G. Asphaug, Esq., Regional Transportation District, Denver, CO
- Jayme Blakesley, Partner, Utah Transit Authority
Break (pick up lunch)11 - 11:15 a.m.
DCC Foyer, Desert Conference Center, Riviera Palm SpringsWorking Lunch11:15 a.m. - 12 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsLauren Skiver is the CEO of SunLine Transit Agency that provides bus service to the greater Palm Springs Area. She will discuss new technologies, environmentally friendly practices, and service issues and challenges among a diverse resident and visitor population. Sponsored by Hanson Bridgett, LLP Guest Speaker- Lauren Skiver, Chief Operating Officer, Transdev, Thousand Palms, CA
Security Session: Update on Physical & Cyber Security Developments12 - 1:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsThe physical and cyber threats and actual intrusions faced by transit agencies requires vigilance, preparation, an emergency response plan with the capability to act quickly, and ongoing proactive training. Nevertheless, the skill of those who seek to breach security and seemingly daily improvements in technology make the challenges of the agency more difficult. Lawyers play a critical role in the agency's comprehensive security program. Moderator- Bruce M. Smith, Member, Apperson Crump PLC, Memphis, TN
The Golden Gate Bridge Security Breach- Kimon Manolius, General Counsel - Golden Gate Bridge, Highway & Transportation District, Hanson Bridgett LLP, San Francisco, CA
Dealing with A Ransomware Attack—The Muni Experience- Susan Cleveland-Knowles, Deputy City Attorney, General Counsel, SFMTA, City Attorney's Office, City & County of San Francisco, San Francisco, CA
Federal Oversight of Transit Security- Bonnie Graves, Attorney Advisor, Office of Chief Counsel, Federal Transit Administration, San Francisco, CA
Security Sensitive Information & Practice Pointers as to Cyber Security Issues- Catherine J. Groves, Senior Counsel, Hanson Bridgett LLP, San Francisco, CA
Detroit Department of Transportation: A Case Study in Procurement and Civil Rights Challenges1:30 - 2:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsIn 2013 the City of Detroit declared bankruptcy, making it the largest-ever municipal bankruptcy filing. Because of budget cuts, the Detroit Department of Transportation (DDOT) had to pare back its service by as much as 50%. In addition, the Federal Transit Administration (FTA) raised alarm bells about DDOT’s procurement practices, which led FTA to put draw-down restrictions in place. Hear from DDOT, FTA, staff about how DDOT was able to turn things around to increase its on-time performance, improve procurement practices, and exceed federal standards for bus maintenance. Moderator- Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
Panelists- Angelica Jones, Detroit Department of Transportation
- Nancy-Ellen Zusman, Chief Safety & Security Officer, Chicago Transit Authority, Chicago, IL
P3s/Infrastructure Development2:30 - 3:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsBest practice for major transportation infrastructure projects now often includes consideration of public-private partnerships (P3s) and similar alternative project delivery methods alongside more traditional approaches. Panelist will discuss current legal and commercial issues relevant to practitioners who are involved in, or asked to consider, the use of P3s and similar approaches. Particular attention will be given to recent federal rulemaking, including the FTA’s proposed Private Investment Project Procedures (PIPP) and various environmental review streamlining initiatives, the evolution of the USDOT credit programs, potential new federal legislation, and lessons learned from recent and ongoing U.S. public transit and rail projects using a P3 approach. Moderator- Adam Giuliano, Partner, Kaplan Kirsch Rockwell, New York, NY
Panelists- Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
- Fred Wagner, Partner, Venable, LLP, Washington, DC
- Colin F. Peppard, Senior Director, P3 & Innovation, Office of Extraordinary Innovation, Los Angeles County Metropolitan Transportation Authority, Los Angeles, CA
Break3:30 - 3:45 p.m.
El Dorado Patio, Desert Conference Center, Riviera Palm SpringsSponsored by Venable, LLP Collaboration between Transit Agencies and Transportation Network Companies: Opportunities and Challenges3:45 - 4:45 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsPanelists from a Transportation Network Company (TNC) and two transit agencies (that have successfully initiated pilot programs) will address legal and operational challenges to the collaborations, how those challenges were resolved for the pilots, and the potential to continue the benefits of the pilots through long-term implementation. Moderator- Kathleen E. Kraft, Partner, Thompson Coburn LLP, Washington, DC
Panelists- Ted Mariscal, Assistant City Attorney, City of Phoenix, Phoenix, AZ
- Bonnie Graves, Attorney Advisor, Office of Chief Counsel, Federal Transit Administration, San Francisco, CA
- Paige Tsai, Uber Transit, San Francisco, CA
Reception at Palm Springs Art Museum5:30 - 7:30 p.m.Sponsored by Thompson Coburn, LLP Continental Breakfast7:30 - 8:30 a.m.
El Dorado Patio, Desert Conference Center, Riviera Palm SpringsLegal Affairs Committee Meeting8 - 9 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsChair, William R. Moseley Registration8:30 - 11 a.m.
DCC Foyer, Desert Conference Center, Riviera Palm SpringsLabor & 13c Panel9 - 10 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsThe labor panel will address two issues of interest – contracting and bargaining. Panelists will discuss the contracting of rail operations to improve service efficiencies and the challenge made under section 13(c) labor protection in the transition of contractors, culminating in an arbitration award. On the bargaining side, panelists will present one transit authority’s experience and innovative approach using financial incentives in collective bargaining agreements. Moderator- Jane Sutter-Starke, Partner, Thompson Coburn LLP, Washington, DC
Panelists- William R. Moseley, Chair, APTA Legal Affairs Committee; Principal, Jackson Lewis, Jacksonville, FL
- Cleveland Ferguson, III, EVP/CAO, Jacksonville Transportation Authority, Jacksonville, FL
- Lori Winfree, Chief General Counsel, North County Transit District, Oceanside, CA
FTA’s Top Ten Triennial Review Findings10 - 11 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsBeen through a Triennial Review recently? Expecting one soon? The panelists will provide insights from the perspective of both the FTA and the agency on how to prepare for a Triennial Review, what to expect, and how, perhaps, to help prevent an agency from receiving a particular finding. Moderator- Robin Reitzes, Deputy City Attorney, City Attorney's Office, San Francisco, CA
Panelists- Scott Giering, Director, Office of Program Oversight, Federal Transit Administration, Washington, DC
- Micah M. Miller, Regional Counsel, Region 4, Federal Transit Administration, Atlanta, GA
- Rolf G. Asphaug, Esq., Regional Transportation District, Denver, CO
Break11 - 11:15 a.m.
El Dorado Patio, Desert Conference Center, Riviera Palm SpringsCo-sponsored by Apperson Crump PLC Rail Session: The Times They Keep a' Changin'…11:15 a.m. - 12:15 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsRailroads may have been the first industry to have its own regulatory agency in 1887, but constant changes in operations, technology, and safety regulations have kept the professionals in the rail industry focused on the evolving regulatory environment and on the need for making substantial improvements in aging infrastructure to keep pace with increasing demand. The panelists will discuss: issues presented by implementation and operation of the new commuter rail lines in Denver; the continuing debate created by the FRA’s system safety plan rule that imposes regulatory responsibilities and burdens on states that provide financial support for short distance intercity rail passenger service; and on the continuing efforts to satisfy the 2008 statutory mandate to create metrics for on-time performance for Amtrak services that use freight rail carriers’ networks. Moderator- Allison Ishihara Fultz, Chief Counsel, Federal Railroad Administration, Washington, DC
Panelists- Jenifer M. Ross-Amato, JD, Senior Vice President, Alternative Delivery, WSP USA, Denver, CO
- Justin J. Marks, Clark Hill PLC, Washington, DC
- Steven Osit, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Ethics & Professional Responsibility12:15 - 1:15 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsAgency attorneys are regularly called upon to conduct internal investigations of agency matters and/or agency personnel. The dynamics change significantly when the agency is the subject of an external investigation—and so do the duties and professional responsibilities of the agency’s lawyers (both in-house and outside counsel). Part 1: Discusses the agency’s general counsel’s responsibilities to the agency, and duties involving both the agency’s response to the external investigation and as to the agency’s internal investigation. Significant conflict of interest issues arise. Agency personnel involved in or the subject of the external investigation may request representation by the agency or at the expense of the agency. In most instances, the investigation arrives with little or no notice, events break rapidly, the landscape changes frequently, and invariably the agency and its attorneys must make many significant decisions very quickly.
Part 2: Addresses post-governmental employment ethics issues for attorneys. A lawyer who leaves federal, state, or local government service and becomes employed by a law firm, a state, local government, or a consultant, the limitations on using information learned in government service or as part of one’s government employment for the benefit or as part of one’s private sector employment creates boundaries that are hard to define and difficult to apply. Notwithstanding any “quiet period” imposed by federal or state law, the issues arise and recur years after the lawyer changed from public sector employment to private sector employment—particularly as to P3s, other innovative financing projects and environmental reviews/studies. While many of the problems are fact specific, the presenters will discuss frequently occurring issues and practical solutions.
Presenters- Bruce M. Smith, Member, Apperson Crump PLC, Memphis, TN
- Fred Wagner, Partner, Venable, LLP, Washington, DC
Closing Session1:15 - 1:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm SpringsFacilitator- Marla L. Lien, Kaplan Kirsch & Rockwell LLP
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