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2022 Legal Affairs Seminar - Program

This page is an overview of the conference schedule and subject to change.

 

Sunday, April 3

Registration

10 a.m. - 5 p.m.

Welcome

1 - 2 p.m.
Greetings & Introduction
  • Karen Landers, Chair, Legal Affairs Committee; General Counsel, San Diego Metropolitan Transit System (MTS), San Diego, CA
Welcome Remarks
  • Jeffrey A. Nelson, Chair, APTA; CEO/Managing Director, Rock Island County Metropolitan Mass Transit District (MetroLink), Moline, IL

Legislative Update

2 - 2:45 p.m.

A review of current and potential legislative activity affecting the public transportation industry by providing an overview of infrastructure funding and authorization legislation as well as discuss APTA’s advocacy strategy to advance public transportation in 2022 and beyond.

Moderator
  • Karen Landers, Chair, Legal Affairs Committee; General Counsel, San Diego Metropolitan Transit System (MTS), San Diego, CA
Speaker
  • Fred Wagner, Partner, Venable, LLP, Washington, DC

Break

2:45 - 3 p.m.

ADA Accessibility Issues

3 - 4 p.m.

The panel will discuss ongoing ADA Accessibility issues facing public transit agencies — from legacy rail stations, to everyday bus stops, websites, and other issues. The solutions are rarely easy.  This session will provide an update on the ADA related hot topics that the FTA is working on; discuss bus stop accessibility on local streets and sidewalks; and provide a brief overview of emerging ADA issues (e.g. providing curb to curb complementary paratransit service on “Complete Streets”, developing route maps for blind or limited vision individuals). 

Panelists
  • John Day, Program Manager for Policy & Technical Assistance, Office of Civil Rights, Federal Transit Administration, Washington, DC
  • Samantha Leslie, Deputy General Counsel, San Diego Metropolitan Transit System (MTS), San Diego, CA
  • Shayna van Hoften, Partner, Hanson Bridgett LLP, San Francisco, CA

P3s: The Opportunities and Implications of Working with Private Partners and the US DOT to Deliver Transit Capital Projects

4 - 5 p.m.

As more transit agencies consider using P3s, there are opportunities and obligations for their legal advisors to understand. The P3 model is no longer for mega projects; it can be used to deliver transit station facilities, rail and bus corridors, and other capital improvements of varying sizes. This panel will explore the increased opportunities for grant funding under the IIJA and favorable financing from the Build America Bureau. The panel also will discuss the tradeoffs of using Federal funding and property with a Federal interest in a P3 project. The panel will cover typical phasing of P3 projects, both large and small, and the practical issues that legal counsel must be prepared to address as well as helpful lessons learned. The panel will include three case studies from Florida, Maryland and California that illustrate both the opportunities and implications when a transit agency brings together Federal funds and private partners to deliver a transit project.

Moderator
  • Jenifer M. Ross-Amato, JD, Director, Alternative Delivery Advisory Services, WSP USA, Denver, CO
Panelists
  • Jenny Barket, Director, Alternative Delivery Advisory Services, WSP USA, Washington, DC
  • Evelynn Tran, General Counsel, Santa Clara Valley Transportation Authority, San Jose, CA
  • Julie Sweeney, Principal Counsel, Maryland Transit Administration, Baltimore, MD
  • Yukiko Kojima, Partner, Nossaman LLP, Los Angeles, CA

Legal Affairs Committee Meeting

5 - 5:30 p.m.
Chair, Karen Landers

Welcome Reception

6 - 7:30 p.m.

Sponsored by  Kaplan Kirsch Rockwell
 
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Monday, April 4

Continental Breakfast

8 - 9 a.m.

Sponsored by  Thompson Coburn LLP
 
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Registration

8 a.m. - 3 p.m.

FTA Chief Counsel Update

8:30 - 9 a.m.

FTA’s Chief Counsel will provide a retrospective summary of significant FTA actions in 2021, discuss IIJA implementation issues, and give a preview of what’s on the horizon in 2022.

Presenter
  • Subash Iyer, Chief Counsel, Federal Transit Administration, Washington, DC

Perspectives on Current Developments in Transit and Equity/Environmental Justice Initiatives

9 - 10 a.m.

The connection between public transportation, equity, and civil rights has a long and impactful history in the United States. Agencies across the Biden administration, including the United States Department of Transportation, have emphasized the importance of equity and environmental justice in all of its initiatives, as reflected in multiple executive orders and subsequent guidance documents.  In addition to these policy objectives, the Bipartisan Infrastructure Law also reflects a comprehensive approach to advancing equity concerns in the planning and development of transportation infrastructure. This panel will review current developments in this important area and help prepare public transportation lawyers to address evolving equity and civil rights initiatives in implementing the full range of federal transit programs. 

Presenters
  • Fred Wagner, Partner, Venable, LLP, Washington, DC
  • Subash Iyer, Chief Counsel, Federal Transit Administration, Washington, DC
  • Jarred Johnson, Executive Director, TransitMatters, Inc., Boston, MA

Break

10 - 10:15 a.m.

Procurements Role in Managing Cybersecurity Risk In Transit

10:15 - 11:15 a.m.

This panel will explore the procurement departments role in identifying and reducing cybersecurity risk to a transit agency.
 
Moderator
  • William R. Moseley, Principal, Jackson Lewis, Jacksonville, FL
Panelists
  • Jonathan J. Hunt, Esq., Deputy Chief Legal Counsel, Metropolitan Atlanta Rapid Transit Authority, Atlanta, GA
  • Dr. Cleveland Ferguson, III, Senior Vice President/Chief Administrative Officer, Jacksonville Transportation Authority, Jacksonville, FL
  • Brad J. Cummings, Vice President, Procurement, Dallas Area Rapid Transit, Dallas, TX
  • Mary T. Costigan, Of Counsel, Jackson Lewis, Berkeley Heights, NJ

Relocating Utilities – The Bane of Every Project Planner’s Existence

11:15 a.m. - 12:15 p.m.

To be sure, utilities are an essential part of every community’s infrastructure.   When undertaking a new construction or right-of-way rehabilitation project, one of the first things that will show up in due diligence is the existence of easements, licenses or other rights held by utility companies. Sometimes those rights are decades old, sometimes they are more recent.  But whatever their vintage, the project planner have to account for both how to manage and possibly relocate the utilities’ pipes, wires, poles or other facilities, and also ensure that the relocation or replacement meets applicable federal regulations regarding the source of materials used in federally funded projects. The panelists will share their experiences and thoughts about how best to manage the complex scenarios that inevitably arise.

Moderator
  • Charles A. Spitulnik, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Panelists
  • Tamara Lesh, Legal Counsel, Hatch LTK, Ambler, PA
  • Suzanne Silverman, Partner, Kaplan Kirsch Rockwell, New York, NY

Break/Pick Up Lunch

12:15 - 12:45 p.m.

Sponsored by Hanson Bridgett
 
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Roundtable Discussion

12:45 - 1:30 p.m.

 This is an informal session for public transit agency attorneys to 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.
 
 (Please note that the round-table discussion is intended as a forum for transit agency attorneys and their outside counsel to exchange information and seek advice in a non-attribution, confidential setting. To maintain this opportunity for transit agency counsel, attendees representing the FTA, vendors, unions and advocacy organizations will be asked to leave the room during this session.)
 

Break

1:30 - 1:45 p.m.

Grants 101: FTA (and related) Grants and What Attorneys Should Know About Them

1:45 - 2:30 p.m.

This session will dive into what grants are available; what they’re for; how to plan for them; and how attorneys can help ensure that their clients remain eligible to receive them.

Presenters
  • Robin Reitzes, Deputy City Attorney, City Attorney's Office, San Francisco, CA
  • Shayna van Hoften, Partner, Hanson Bridgett LLP, San Francisco, CA

Moving to a Zero-Emission Reality

2:30 - 3:30 p.m.

This session will discuss lessons learned, planning strategies, and contract concerns as we relinquish natural gas in favor of electric and hydrogen alternatives for transit.

Moderator
  • Robin Reitzes, Deputy City Attorney, City Attorney's Office, San Francisco, CA
Panelists
  • Jill Doty Russell, General Counsel, Indianapolis Public Transportation Corporation (IndyGo), Indianapolis, IN
  • Demetrios Hadjis, Legal Counsel, Nova Bus/Prevost, Saint-Eustache, QC
  • Dan Raudebaugh, Executive Director, Center for Transportation and the Environment, Atlanta, GA

Break

3:30 - 3:45 p.m.

Who’s Been Working on the Railroad?

3:45 - 5 p.m.

With the current Administration’s emphasis on infrastructure and the passage of the Infrastructure Investment and Jobs Act, including a laser-sharp focus on rail facilities, we are fortunate to have the new Chief Counsel of the  Federal Railroad Administration joining us to talk about what the legislation means for passenger rail service and what FRA is thinking about implantation of the projects that are coming down the tracks.  While there’s much that’s new and exciting on the federal level, existing passenger operations on two major corridors are facing new opportunities and important challenges. We will hear about life on the Northeast Corridor, where partnership with Amtrak drives a host of issues, challenges and opportunities to the forefront, and about the issues faced by the Commonwealth of Virginia as it engaged in multi-party negotiations with freight railroads, the Virginia Railway Express, and Amtrak to achieve the comprehensive and creative project that is aptly referred to by its proponents as Transforming Rail in Virginia.

Moderator
  • Charles A. Spitulnik, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Panelists
  • Allison Ishihara Fultz, Chief Counsel, Federal Railroad Administration, Washington, DC
  • Ayelet Hirschkorn, Partner, Kaplan Kirsch Rockwell, New York, NY
  • John D. O'Neill, Jr., Partner, Hunton Andrews Kurth LLP, Richmond, VA
 

Tuesday, April 5

Continental Breakfast

8 - 9 a.m.

Registration

8 a.m. - 12 p.m.

Current Issues in Insurance and Indemnification

8:30 - 9:30 a.m.

With ever-increasing litigation threats, mitigating a client’s risk has never been more important. Our panel will explore insurance strategies to optimize coverage, protecting agencies against cyber risks, and balancing protection and costs when requiring insurance and indemnification from agency contractors.

Moderator
  • James P. LaRusch, Chief Operating Officer and Corporate Counsel, Raul V. Bravo + Associates, Inc., Reston, VA
Panelists
  • Scott Baker, Senior Consulting Manager, AECOM, Arlington, VA
  • Matt Darrough, Partner, Thompson Coburn LLP, St. Louis, MO
  • Shane Moylan, RPLU, AINS, Assistant Vice President, Cyber Solutions, AON Risk Services, Philadelphia, PA

101 Session: Section 13(c)

9:30 - 10:15 a.m.

The Section 13(c) 1O1 panel will provide some basics on this labor protection requirement in the Federal Transit Act, as well as a discussion of the Department of Labor grant certification process, dealing with 13(c) claims, and hot topics. In addition, an update will be provided on the Department’s reconsideration decision concerning the California pension reform legislation (PEPRA) and the ongoing 13(c) litigation.

Panelists
  • Jane Sutter-Starke, Partner, Thompson Coburn LLP, Washington, DC
  • Kathleen E. Kraft, Partner, Thompson Coburn LLP, Washington, DC

Break

10:15 - 10:30 a.m.

Ethics Beanpot

10:30 a.m. - 12 p.m.

This Ethics Session features 2 current ethics topics pulled straight from the Professional Responsibility Simmering Beanpot:
  • An update on developments since our last meeting “Can They Really Get Away with That?  Ethical Limitations of Advocacy Under the Model Rules of Professional Conduct: Bringing Claims, Making Arguments, Lawyers’ Representations to Third Parties and Sanctions.”
  • The Legal Ethics of Remote Working and Working Virtually
 
Please note that attendees may also confidentially submit ethics questions to Bruce at bsmith@appersoncrump.com and Fred at frwagner@venable.com.
 
Sponsored by  Venable LLP
 
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Presenters
  • Fred Wagner, Partner, Venable, LLP, Washington, DC
  • Bruce M. Smith, Member, Apperson Crump PLC, Memphis, TN

Closing Remarks

12 - 12:15 p.m.
Committee Chair
  • Karen Landers, Chair, Legal Affairs Committee; General Counsel, San Diego Metropolitan Transit System (MTS), San Diego, CA