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2020 Legal Affairs Seminar - Program

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

 

Sunday, February 23

Registration

10 a.m. - 5 p.m.

Welcome Remarks and Introductions

12 - 1 p.m.

FTA Chief Counsel - The View from Washington D.C.

1 - 2 p.m.

Legislative Update

2 - 2:45 p.m.

A review of current and potential legislative activity affecting the public transportation industry. Overview of APTA’s principles for Surface Transportation Authorization urging Congress to significantly increase publictransportation infrastructure investment and provide the necessary resources to build, maintain, and operate public transportation.

Presenters
  • Ward W. McCarragher, Vice President-Government Affairs and Advocacy, American Public Transportation Association, Washington, DC
  • Stacie Tiongson, Senior Director, Government Affairs, American Public Transportation Association, Washington, DC
  • Mark Hybner, Sr. Legislative Representative, American Public Transportation Association, Washington, DC

Next Generation Fare Systems: All Cashed Out!

3 - 4 p.m.

The Evolution of Transit Oriented Development and Joint Development: Coexistence or Synergy between Transit and Communities?

4 - 5:30 p.m.

The transit industry continues to pursue transit-oriented development (TOD) and joint development (JD) as tools to generate investment in transit facilities and encourage land use that promotes transit use. An experienced panel of transit experts will examine multiple case studies to highlight best practices, lessons learned and the latest trends as TOD/JD evolves. The panel will compare legal issues facing legacy transit systems along the spectrum to newly expanded transit systems. The panel will evaluate the differences in types of projects to help practitioners understand the varied options for planning, financing, designing and building projects to benefit both transit agencies and the communities in which they operate. The panel will provide practical guidance on structuring transactions, managing interest and proposals from developers and stakeholders, and in developing processes that allow transit boards to formulate policy.

Moderator
  • Jenifer M. Ross-Amato, Secretary, Legal Affairs Committee; Deputy General Counsel, Regional Transportation District, Denver, CO
Panelists
  • Karen Landers, Vice Chair, Legal Affairs Committee; General Counsel, San Diego Metropolitan Transit System (MTS), San Diego, CA
  • Jay Mitchell Fox, Deputy General Counsel, Southeastern Pennsylvania Transportation Authority (SEPTA), Philadelphia, PA
  • Jonathan J. Hunt, Chief of Corporate Law & Real Estate, Metropolitan Atlanta Rapid Transit Authority, Atlanta, GA
  • Aimee Beckwith, Associate General Counsel, Regional Transportation District, Denver, CO
  • Eric R. Daleo, Senior Vice President, New Jersey Transit Corporation (NJ TRANSIT), Newark, NJ
  • Scott H. Baker, Senior Consulting Manager, AECOM, Arlington, VA
  • Kathryn Loster, Regional Counselor, Federal Transit Administration, Chicago, IL

Welcome Reception

6 - 7:30 p.m.
 

Monday, February 24

Registration

8 a.m. - 3 p.m.

Capital Project Life Cycle in Two Acts-Transit 101 (and so much more)—Act I

8:30 - 9:30 a.m.

In this two-part session, panelists will identify and discuss key legal issues that arise in the life of a capital project where General Counsel will inevitably need to be involved. The sessions will provide both an introduction for new attorneys as well as more in-depth analysis of hot topics for experienced attorneys. Act I of the session will focus on site selection and site acquisition issues.

Moderator
  • Steve D. Miller, Partner, Hanson Bridgett LLP, San Francisco, CA
Panelists
  • Fred Wagner, Partner, Venable, LLP, Washington, DC
  • Michael N. Conneran, Partner, Hanson Bridgett LLP, San Francisco, CA

Capital Project Life Cycle in Two Acts-Transit 101 (and so much more)—Act II

9:30 - 10:30 a.m.

In the continuation of this two-part session, panelists will identify and discuss key legal issues that arise in the life of a capital project where General Counsel will inevitably need to be involved. The sessions will provide both an introduction for new attorneys as well as more in-depth analysis of hot topics for experienced attorneys. Act II of the session will focus on Issues related to Procurement and Contract Administration, including Project Delivery Methods, Contract Administration/Claims, DBE, and of course that all-time favorite topic, Buy America.

Moderator/Panelist
  • Steve D. Miller, Partner, Hanson Bridgett LLP, San Francisco, CA
Panelists
  • James P. LaRusch, Secretary, Standards Development Oversight Council; Vice Chair, Business Member Programs Committee; Corporate Counsel, Raul V. Bravo + Associates, Inc., Reston, VA
  • Elaine Richardson, Manager of Small Business Development, San Diego Association of Governments, San Diego, CA
  • Teddy Low, Senior Deputy County Counsel, Office of County Counsel, Los Angeles County Metropolitan Transportation Authority, Los Angeles, CA

First Amendment Issues and Transit: A Discussion of Speech Rights and Recent Developments in Advertising, Use/Filming of Transit Systems, and Customer Speech

10:45 - 11:45 a.m.

Lunch

11:45 a.m. - 12:15 p.m.

Roundtable Discussion

12:15 - 1:45 p.m.

Labor Updates—New Challenges and New Opportunities

2 - 3 p.m.

In this session, panelists will address the labor issues and challenges associated with a large consolidation of service to a single provider, Fair Labor Standards Act issues in collective bargaining, and section 13(c) and labor issues that arise in contracting and transitions.

Moderator
  • Jane Sutter-Starke, Partner, Thompson Coburn LLP, Washington, DC
Panelists
  • Kerri Butcher, Chief Counsel, Capital Metropolitan Transportation Authority, Austin, TX
  • William R. Moseley, Of Counsel, Jackson Lewis, Jacksonville, FL

The Sounds of Silence: Quiet Zones and the Risks and Benefits They Create

3 - 4 p.m.
Moderator
  • Charles A. Spitulnik, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Panelists
  • Jenifer M. Ross-Amato, Secretary, Legal Affairs Committee; Deputy General Counsel, Regional Transportation District, Denver, CO
  • J. Carlos Orellana, Deputy General Counsel, Santa Clara Valley Transportation Authority, San Jose, CA (invited)

Legal Affairs Committee Meeting

4 - 4:30 p.m.
Chair, Anthony A. Anderson

Legal Affairs Reception

6 - 8 p.m.
 

Tuesday, February 25

Registration

8 - 11 a.m.

July 20, 2020 is Right Around the Corner: What Does it Take to Certify Your Agency’s Safety Plan?

8:30 - 9:30 a.m.

Self-certification can be tricky and who will determine whether it was done correctly? The safety rule requires agencies to establish performance targets that reflect the measures, report on progress towards achieving those targets, develop performance-based plans for safety, and implement a performance-based approach to planning and programming. This session will focus on the legal requirements for certifying your agency’s safety plan to ensure any FTA review supports your certification.

Early Claims Assessment—What You and Your Client Need to Know Now

9:30 - 10:30 a.m.

Early tort claim assessment means that claim resolution, which doesn't necessarily include payment, is closer in time to the alleged injury. The session will use data and examples to show how early assessment and litigation planning saves time and expense for claimants and the agency, and how it uses risk management, legal, and judicial resources effectively and achieves good will. The session will also share the impacts of early claim resolution on reserve forecasting, budgeting, and the lessons learned feedback loop.

Presenters
  • David Eldred, General Counsel, King County Metro , Seattle, WA
  • Jennifer Hills, Director of Risk Management, King County Metro , Seattle, WA

Local Initiatives: Success or Bust, Or Is There Something More?

10:45 - 11:45 a.m.

The Appearance of Impropriety—Its Continued Viability in Ethics Compliance

12 - 1:30 p.m.

For years, professional responsibility courses in law schools around the country reminded aspiring lawyers that 'even the appearance of impropriety' was something to be avoided. Yes, one might technically be in compliance with a state’s Rules of Professional Conduct dealing with conflicts of interest, confidences, etc., but conduct should be avoided that created the slightest appearance of failing to live up to the standards to which members of the Bar should adhere. The ABA Model Rules of Professional Conduct have deleted the “appearance of impropriety” standard as a means of enforcing key provisions. But does the concept of the “appearance of impropriety” still live on? Is it an imprecise, but crucial notion for members of the Bar in understanding the full spectrum of a lawyer’s ethical behavior? This session will trace the use of this concept, through evolution and modification of the Model Rules Of Professional Conduct, and scholarly interpretations of the term even the most casual fans of ‘Law and Order’ could most likely recite.

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