Sunday, February 11

Registration

Pick-up Lunch

Welcome Remarks

• William R. Moseley, Chair, APTA Legal Affairs Committee; Principal, Jackson Lewis, Jacksonville, FL
• Michele Wong Krause, Chair, APTA; Past Chair, DART Board of Directors 2021-2023, Dallas Area Rapid Transit, Dallas, TX
• Paul P. Skoutelas, President and CEO, American Public Transportation Association, Washington, DC

Diversity, Equity, and Inclusion: What Happens Now?

With many states enacting anti-diversity, equity and inclusion (DEI) laws, and the Supreme Court’s recent decision on affirmative action admissions policies in higher education having indirect consequences for DEI efforts, what does this mean for transit agencies and businesses who value DEI? What should lawyers know about counseling their clients in these deeply turbulent times? How can lawyers ensure that DEI work continues with as little risk as possible? This session is designed to share strategies and tactics for advancing DEI in uncertain times and in a manner that does not run afoul of State laws and Constitutional rulings.

• Fred Wagner, Partner, Venable, LLP, Washington, DC

• Dorval R. Carter, Jr., Immediate Past Chair, APTA; and President, Chicago Transit Authority, Chicago, IL
• Cleveland Ferguson, III, EVP/CAO, Jacksonville Transportation Authority, Jacksonville, FL
• David Eldred, Esq., General Counsel, King County Metro , Seattle, WA
• Gene Gamez, General Counsel, Dallas Area Rapid Transit, Dallas, TX

Break

In House Counsel as Leader: Balancing Work Relationships and Best Practices

In house counsel plays a complex role in an organization. This panel will discuss the complexities of advising various leaders within the organization, including board members and senior staff, who may have competing ideas and perspectives. It will also discuss how to be an effective leader within the organization, providing legal advice in a manner that serves the organization’s strategic goals.

• Ben Schweigert, Senior Assistant County Attorney, Hennepin County, Minneapolis, MN
• David M Wilkins, Assistant Attorney General-Director of Transit Section, Utah Transit Authority, Salt Lake City, UT
• Casey Burack, Executive Vice President Business and Legal Affairs, Austin Transit Partnership, Austin, TX
• Gino Benedetti, General Counsel, Southeastern Pennsylvania Transportation Authority (SEPTA), Philadelphia, PA

Tales from the Construction Site – A Conversation

Construction projects do not have to be a huge headache for transit agencies. This panel will be an engaging conversation between attorneys for transit agencies, their funding partners and their trial counsel about ways in which attorneys can lead transit agencies through contentious relationships, manage expectations for outcomes of construction projects, identify pragmatic ways to avoid claims entirely and get ahead of disputes before they turn into a costly mess. The panel will also identify the basics of construction law including the latest in construction agreement clauses and the basics of construction claims.

• Jenifer M. Ross-Amato, JD, Senior Vice President, Alternative Delivery, WSP USA, Denver, CO

• Ben Schweigert, Senior Assistant County Attorney, Hennepin County, Minneapolis, MN
• Jocelyn Knoll, Partner, Dorsey & Whitney LLP, Minneapolis, MN
• Kenneth M. Roberts, Chair of the Construction Law Group, Venable, LLP, Chicago, IL

Break

Build America, Buy America – What Does it Mean?

When the Infrastructure Investment and Jobs Act (IIJA) was enacted on November 15, 2021, the Build America Buy America Act (BABA) included in IIJA introduced a new emphasis on Buy America principles throughout the federal system.  Even FTA’s Buy America program, probably the most comprehensive and well-defined in any federal program, was not immune to the uncertainty introduced in BABA.  After extensive rulemaking activities conducted by the US Department of Transportation and the Office of Management and Budget, we have final OMB guidance to federal agencies on application of BABA.  How is it working?  How do we comply?  Our panel will help us make sense of the new requirements within the context of FTA Buy America practice.

• James P. LaRusch, Chief Operating Officer and Corporate Counsel, Raul V. Bravo + Associates, Inc., Reston, VA

• Allison Ishihara Fultz, Chief Counsel, Federal Railroad Administration, Washington, DC
• Jason Luebbers, Attorney Advisor, Federal Transit Administration, Columbus, OH
• Richard A. Juliano, IOM, CAE, General Counsel, American Road & Transportation Builders Association, Washington, DC

Legal Affairs Committee Meeting

Welcome Reception

Monday, February 12

Continental Breakfast

Registration

FTA Acting Chief Counsel Update

• Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC

FRA Administrator and Chief Counsel Update

• Hon. Amit Bose, Administrator, Federal Railroad Administration, Washington, DC
• Allison Ishihara Fultz, Chief Counsel, Federal Railroad Administration, Washington, DC

Break

Trends in FTA Compliance: Vehicle Procurements and Triennial Reviews

Transit agency counsel are helping clients respond to the availability of new federal financial assistance, especially for zero emissions rolling stock, and adjustments to grant requirements and post-COVID FTA compliance procedures.  This session will provide guidance and lessons learned from your peers’ varied experience, with a focus on bus procurements and Triennial Reviews.

• Jane Sutter-Starke, Partner, Thompson Coburn LLP, Washington, DC

• Dorval R. Carter, Jr., Immediate Past Chair, APTA; and President, Chicago Transit Authority, Chicago, IL
• Yolanda Williams Favors, ESQ, PMP, TSSP, Senior Project Director, Atkins, Avondale Estates, GA
• Nicole Witt, Attorney, Hanson Bridgett LLP, San Francisco, CA

Growth on the Horizon – What Smaller Agencies Can Do to Avoid Growing Pains

With an influx of federal funding, transit agencies – big or small - are pursuing growth opportunities. For smaller agencies, growth presents unique challenges with governance and legal compliance that transit attorneys inevitably play a leadership role in resolving. This panel will identify some of those challenges, talk through lessons learned, and give some insights into how agencies can plan for growth to avoid those growing pains.

• Jenifer M. Ross-Amato, JD, Senior Vice President, Alternative Delivery, WSP USA, Denver, CO

• Bonnie Prosser Elder, General Counsel / Senior Vice President Legal, VIA Metropolitan Transit, San Antonio, TX
• T. Byron Smith, General Counsel, Go Triangle, Durham, NC
• Ronald J. Hartman, Senior Vice President, WSP USA, Washington, DC

Break/Pick Up Lunch

Current Court Cases on ADA

The American with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities in various ways including public services and transportation. This session will discuss ADA basics and explore current court cases on ADA including the 2023 blockbuster case of Acheson Hotels v. Laufer—the Supreme Court case where a self-appointed ADA “tester” sued a hotel chain for not providing disability accessibility information about a hotel on its website despite never intending to visit the hotel. The panelists will also provide their insight and best practices to minimize ADA liability by sharing personal experiences defending ADA litigation against public transportation agencies.

• Cleveland Ferguson, III, EVP/CAO, Jacksonville Transportation Authority, Jacksonville, FL

• David C. Casarrubias, Senior Counsel, Hanson Bridgett LLP, San Francisco, CA
• David Rishel, Executive Director/CEO, Centre Area Transportation Authority (CATA), State College, PA

Break

Commuters, Amtrak and the Freights: Rules of the Road for Sharing the Road

In nearly every location that enjoys the benefit of either intercity rail or commuter rail passenger service or both, those operations share the tracks with freight railroads.  The history and regulatory structure that grew out of changing dynamics in the rail industry provides an intricate web of rights and obligations that require creativity in choreographing the movements of all so that the freights are able to meet their common carrier obligation and the passenger carriers are able to get their customers to their destinations safely and on time.  On this panel, you will hear representatives from each of the three talk about their perspective and about how they strive to work together with the other operators with which they share the road.

• Charles A. Spitulnik, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC

• Ayelet Hirschkorn, Esq., Partner, Kaplan Kirsch Rockwell, New York, NY
• Christopher S. Perry, Associate General Counsel, AMTRAK, Washington, DC
• David T. Rankin, Senior General Attorney II, BNSF Railway Company, Fort Worth, TX

Navigating the Technology Landscape: Privacy, Compliance, Cloud Services, and AI

New technologies can present complicated legal questions for transit agency lawyers.  This panel will discuss strategies, tactics, and tips for dealing with some of the most pressing technological issues.  Topics to be covered will include privacy and compliance, negotiating contracts for cloud services, and advising your agency about AI.

• Catherine J. Groves, Senior Counsel, Hanson Bridgett LLP, San Francisco, CA
• Erik Van Hagen, Director, Legal Services, Tri-County Metropolitan Transportation District of Oregon (TriMet), Portland, OR

Dinner on Your Own

Tuesday, February 13

Continental Breakfast

DBE Compliance

The Disadvantaged Business Enterprise is an important program for advancing minority and women-owned small business in the transit industry. Hear from the Federal Transit Administration regarding current trends and compliance issues with the DBE program as well as where the program might go after the Supreme Court decisions on affirmative action and utilizing race and gender as decision tool for awarding contracts.

• Linda Ford, General Counsel, American Public Transportation Association, Washington, DC

• Scott Pichon, Equal Opportunity Specialist, Office of Civil Rights Policy and Engagement, Federal Transit Administration, Washington, DC
• Paula M. Nash, Executive Director, Diversity & Inclusion, Metropolitan Atlanta Rapid Transit Authority, Atlanta, GA
• Lucy Andre, General Counsel, Chief of Staff, and Corporate Secretary, Stadler US Inc., Salt Lake City, UT

Bipartisan Infrastructure Law Deep Dive: How's It Going?

The Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58), commonly referred to as the Bipartisan Infrastructure Law (BIL), makes historic investments in our nation’s public transportation infrastructure that will shape our future for decades to come. The Bipartisan Infrastructure Law provides more than $108 billion for public transit and $102 billion for commuter rail, Amtrak, other high-performance passenger rail, and freight rail over the next five years. These bold investments in public transportation will help our communities and nation tackle climate change, advance equity, meet growing and evolving mobility demands, and create jobs. With enactment of the IIJA, the public transportation industry is uniquely positioned to address these challenges head on.

• Allison Ishihara Fultz, Chief Counsel, Federal Railroad Administration, Washington, DC
• Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
• Stacie Tiongson, Senior Director - Government Affairs, American Public Transportation Association, Washington, DC

Ethical Considerations Involving the Use of Artificial Intelligence in Legal Practice

The use of Artificial Intelligence (AI) in a wide variety of industry sectors has raised troubling moral and ethical issues.  The legal industry is no different.  As AI inevitably infiltrates the everyday practice of law, the existing rules of professional conduct must quickly adapt to the ethical challenges presented.  This session will discuss the likely uses of AI in legal practice and how foundational ethics standards involving confidentiality, competence, diligence, supervision of legal staff, the unauthorized practice of law and others will be applied to this rapidly evolving technology.

• Fred Wagner, Partner, Venable, LLP, Washington, DC
• Bruce M. Smith, Member, Apperson Crump PLC, Memphis, TN