Continental Breakfast 7:30 - 8:15 a.m. Empire A Foyer, 2nd Floor, Hyatt Regency New OrleansSponsored by Transdev North America
Welcome and Overview 8 - 8:15 a.m. Empire A, 2nd Floor, Hyatt Regency New Orleans Welcome- Anthony A. Anderson, Partner, Thompson Coburn LLP, Washington, DC
Registration8 a.m. - 3 p.m. Empire A Foyer, 2nd Floor, Hyatt Regency New OrleansConversation with FTA's Acting Chief Counsel8:15 - 9:30 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansFTA’s Acting Chief Counsel will provide a retrospective summary of significant FTA actions in 2018 and a preview of what’s on the horizon in 2019. Presenter- Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
TRACK 2 - Legislative Update9:30 - 10 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansA review of current and potential legislative activity affecting the public transportation industry. The midterm elections brought many new faces to Congress and further emphasized the necessity of bipartisan solutions to get things done. Infrastructure funding and authorization legislation will be major topics in the 116th Congress, and APTA will continue to advocate for policies that advance public transportation and benefit the country. Presenter- Mark Hybner, American Public Transportation Association
TRACK 1 - Legal 101/The Basics: Procurement, Grants, Buy America9:30 - 11:30 a.m. Bolden 5, 2nd Floor, Hyatt Regency New OrleansPROCUREMENT: Procurement Basics for New General Counsel: What is General Counsel’s role in transit agency procurements and how can General Counsel best assist a transit agency in carrying out this important function? GRANTS: FTA Grants and What Attorneys Should Know About Them: What grants are available, what they’re for, how to get them, and what requirements attach to them. BUY AMERICA: Buy America ensures FTA grantees’ federally-assisted contracts to support U.S. manufacturing jobs. But that is easier said than done. What requirement applies - 100%, 70%, 60%? And, how does 100% equal less than everything? Buy America 101 will demonstrate the framework for applying the many Buy America standards to your client’s procurements, ensuring compliance, and finding the answers to the inevitable grey area issues that land on your desk. PROCUREMENT Moderator- Steven D. Miller, Partner, Hanson Bridgett LLP, San Francisco, CA
Panelists- Samantha Leslie, Deputy General Counsel, San Diego Metropolitan Transit System (MTS), San Diego, CA
- Nicole Witt, Attorney, Hanson Bridgett LLP, San Francisco, CA
GRANTS Moderator- Robin Reitzes, Deputy City Attorney, City Attorney's Office, San Francisco, CA
Panelists- Timothy Manglicmot, San Francisco Municipal Transportation Agency (Muni), San Francisco, CA
- John P. Lynch, Regional Counsel, Region 8, Federal Transit Administration , Denver, CO
BUY AMERICA Presenter- James P. LaRusch, Chief Operating Officer and Corporate Counsel, Raul V. Bravo + Associates, Inc., Reston, VA
TRACK 2 - To Lead or Not to Lead (but “Just Manage”): That is the Question10:15 - 11:30 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansThe ability to inspire, motivate, and retain engaged, productive colleagues is not magic, but it does take understanding yourself, others, and certain basic principles of successful leadership. Hear from the “Best of the Best” lawyer leaders on tips and strategies for leading your legal office from “ho-hum” to “AWEsome!” Moderator- Shelley Devine, General Counsel, Tri-County Metropolitan Transportation District of Oregon (TriMet), Portland, OR
Panelists- Jayme Blakesley, Partner, Hayes Godfrey Bell, P.C.
- Eva Kripalani, Co-Founder, Office of General Counsel Network LLC, Portland, OR
- Mary VanderWeele, Vice President of Strategic Initiatives, Chief Administrative Office, NIKE, Inc. , Beaverton , OR
Working Lunch: Roundtable Discussion 11:30 a.m. - 1 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansThe roundtable discussion is intended as a forum for transit agency attorneys and outside counsel or consultants for transit agencies to exchange information in a non-attribution, confidential setting. Facilitator- Anthony A. Anderson, Partner, Thompson Coburn LLP, Washington, DC
Labor Panel – Collective Bargaining, 13(c), and the Janus Case 1 - 2:30 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansThe labor panel will feature speakers on a variety of issues including the Supreme Court’s Janus decision on public employees’ union dues, perspectives of a transit services contractor on bargaining, and a primer and updates on section 13(c) labor protection. Panelists- Jane Sutter-Starke, Partner, Thompson Coburn LLP, Washington, DC
- Patricia A. Day, Transdev
- Cliff Godiner, Partner, Thompson Coburn LLP, St. Louis, MO
Break2:30 - 2:45 p.m. Empire A Foyer, 2nd Floor, Hyatt Regency New OrleansSponsored by Jackson Lewis PC Alternate Modes of Transportation2:45 - 3:30 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansThis session will feature two presentations on growing developments in the world of public transit. The first presentation will focus on the growing provision of public commuter ferry transportation and some of the issues with such specialized service that are of interest to all public transit attorneys. The second presentation, titled “Smart cities and smart transit agencies,” will focus on autonomous vehicles and issues regarding who should collect and control data, whether government agencies are best-positioned to gather and disseminate user data, or whether independent bodies are best positioned to serve as a clearinghouse for shared data. Legal issues such as privacy, liability, and control of intellectual property rights will be discussed. Presenters- Steven D. Miller, Partner, Hanson Bridgett LLP, San Francisco, CA
- Michael N. Conneran, Partner, Hanson Bridgett LLP, San Francisco, CA
Clean Transportation: Electric Buses3:30 - 4:30 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansThis session will discuss zero emission bus projects, including regulatory, contract and performance issues that should be taken into consideration. Panelists will describe best practices for evaluating how zero emission buses can fit into your agency’s operations, and identify performance issues that legal counsel may need to consider when drafting various contracts and advising your clients about the full cost and impact of a zero emission bus project. An update on California’s new Innovative Clean Transit Regulation will also be provided. Moderator- Karen Landers, Immediate Past Chair, Legal Affairs Committee; General Counsel, San Diego Metropolitan Transit System (MTS), San Diego, CA
Panelists- Dan Raudebaugh, Executive Director, Center for Transportation and the Environment, Atlanta, GA
- Bill Spraul, San Diego Metropolitan Transit System (MTS)
Legal Affairs Committee Meeting4:45 - 5:15 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansChair, William R. Moseley
Break5:15 - 6 p.m. Empire A Foyer, 2nd Floor, Hyatt Regency New OrleansOpening Reception 6 - 8 p.m. Empire C, 2nd Floor, Hyatt Regency New OrleansSponsored by Kaplan Kirsch and Rockwell Continental Breakfast7:30 - 8:15 a.m. Empire A Foyer, 2nd Floor, Hyatt Regency New OrleansTRACK 1 - Legal 101/The Basics Continued: Rail8:15 - 8:45 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansIn this continuation of the primer on “the basics” of the legal structures that affect the transit industry, the panelists will walk through the key issues that inform the regulatory structure and the agencies affecting railroads – the ICC Termination Act of 1995 and the Surface Transportation Board that it created to replace the ICC, the federal rail safety acts and the Federal Railroad Administration, the Railway Labor Act and the Railroad Retirement system, and some key issues that arise under that regulatory and statutory regime, with emphasis on preemption and quiet zones. All of this in ½ hour! Come one, come all! Moderator- Charles A. Spitulnik, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Panelists- Michael N. Conneran, Partner, Hanson Bridgett LLP, San Francisco, CA
- Eric M. Hocky, Partner, Clark Hill PLC, Philadelphia, PA
Rail Session: Modernizing the Passenger Rail System Requires Playing the Long Game8:45 - 10 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansOver ten years has passed since Congress endorsed legislation to improve Amtrak on-time performance and mandated passenger and freight railroads to implement Positive Train Control safety technology, but neither measure has been fully implemented. The Class I Railroads’ attempt to strike down the Amtrak on-time performance law has resulted in a circuitous journey through the DC Circuit, but that journey may be nearing an end. Meanwhile, many railroads have implemented Positive Train Control, but most will have availed themselves to one last extension. Although these efforts to improve Amtrak on-time performance and railroad safety are getting closer to full implementation, additional delays may yet occur. In Texas, private developers of a high-speed rail line between Houston and Dallas certainly understand how to play the long game as they attempt to introduce Japanese high-speed rail technology into the United States. Moderator- Charles A. Spitulnik, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Panelists- Stephanie Anderson, Attorney-Adviser, Federal Railroad Administration, Washington, DC
- Allison Ishihara Fultz, Chief Counsel, Federal Railroad Administration, Washington, DC
- Justin J. Marks, Clark Hill PLC, Washington, DC
- Jennifer Hu, Director-Railroad Legal & Regulatory Affairs, Texas Central High-Speed Railway, LLC, Washington, DC
Navigating the Buy America Landscape – New Technologies, Vehicles, and Tariffs10:15 - 11:15 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansJust when you thought you knew your way around Buy America, the map has changed. Accounting for new, expensive, and usually foreign technology has brought renewed emphasis into the always elusive definition of component and subcomponent ‘manufacturing.’ Evolving systems such as vehicle components, tariffs, and trade protection legislation have further changed the landscape. You’ll need a map just to find your next bus! Moderator- James P. LaRusch, Chief Operating Officer and Corporate Counsel, Raul V. Bravo + Associates, Inc., Reston, VA
Panelists- Steven S Policar, Owner & Principal, Steve Policar LLC , Issaquah, WA
- Emmanuelle Toussaint, Nova Bus, Plattsburgh, NY
Lunch11:15 - 11:45 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansSponsored by Hanson Bridgett LLP
Transit in Uncertain Times and the Role of Legal Counsel11:45 a.m. - 12:45 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansA conversation with the President and CEO of the Chicago Transit Authority, Dorval Carter, and the New Orleans Regional Transportation Authority Vice President, Justin Augustine, regarding how they are handling the uncertainties of funding, infrastructure and procurement challenges in this administration. Each will highlight specific challenges they are facing and how legal counsel is helping them navigate these shifting realities. Guest Speakers- Justin T. Augustine, III, Vice-President, Vice -President, Transdev, Lombard, IL
- Dorval R. Carter, Jr., Immediate Past Chair, APTA; and President, Chicago Transit Authority, Chicago, IL
TOD Joint Development Projects and P3s 12:45 - 1:45 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansP3s as Instruments of Public Policy: Opportunities for Joint Development, TOD, Intermodal Connectors and Innovation Alternative structures for involving the private-sector in major transit project delivery, often broadly referred to as public-private partnerships (P3s), promise the opportunity for improvements relative to the status quo – improved risk allocation, improved quality, improved outcomes. Any offered improvements should however be measured against public policy objectives to ensure project delivery methods and public goals align. This panel will discuss current legal and commercial issues in using P3s to deliver projects that align with prominent transit public policy goals, such as the encouragement of TOD and joint development, the establishment of intermodal connectors, and the delivery of innovation in all its forms. Moderator- Suzanne Silverman, Partner, Kaplan Kirsch Rockwell, New York, NY
Panelists- Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
- Adam Giuliano, Partner, Kaplan Kirsch Rockwell, New York, NY
- T. Byron Smith, General Counsel, Go Triangle, Durham, NC
Break1:45 - 2 p.m. Empire A Foyer, 2nd Floor, Hyatt Regency New OrleansSponsored by Apperson Crump, PLC
Ethics – 2 Hot Topics for the Price of 12 - 3:30 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansThe Role of General Counsel and Staff Attorneys with the Executive Director: General Counsel and Staff Attorneys have regular and ongoing contacts with the Executive Director on a wide range of legal matters. However, the frequently the client is not the Executive Director—a governing board, municipality, county or regional authority. The Executive Director may ask counsel for advice on policy matters; request or “order” counsel to keep certain communications confidential; ask counsel for advice on matters outside the scope of counsel’s engagement or authority; or direct counsel to develop a legal basis or justification as to a matter which is the prerogative or right of the client (not the Executive Director). We’ll examine real world problems and discuss solutions. Crisis Management 101 for the Transit Lawyer: Maintaining Your Professional Ethics in the Midst of a Crisis: Your client finds itself in the midst of a media and political firestorm. Reporters are seeking comment; politicians are calling for resignations; and scandal could lead to potential liabilities. While everyone in and around the Agency seems to be losing their cool, you as their legal counsel must bring order to the situation—and under tight time constraints with ever evolving factual circumstances. As events unfold by the hour, you need to provide sound advice under pressure, but you also must never forget your ethical responsibilities. Important issues to be covered include managing client confidences, the possible need to disclose illegal activity, remembering who you represent (and don’t represent), and the obligation to provide zealous representation. The presenters will examine and give examples of what the Rules of Professional Conduct permit a lawyer to say to the ever present and demanding media. The Rules of Professional Conduct may not get your client out of hot water, but they will keep you out of it. Presenters- Bruce M. Smith, Member, Apperson Crump PLC, Memphis, TN
- Fred Wagner, Partner, Venable, LLP, Washington, DC
Guns on Transit3:30 - 4:30 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansWhat happens when a passenger shows up with a firearm on your bus, train, or ferry? We will analyze the implications of the Second Amendment and federal/state laws on transit passenger safety policies and procedures. Our distinguished panelists will share examples of real life situations in California and Texas, and the approaches used by their agencies. Moderator- Madeline Chun, Esq., Partner, Hanson Bridgett LLP, San Francisco, CA
Panelists- Matthew Burrows, General Counsel, San Francisco Bay Area Rapid Transit District (BART), Oakland, CA
- Kerri Butcher, Deputy CEO, Capital Metropolitan Transportation Authority, Austin, TX
- Bonnie Prosser Elder, General Counsel / Senior Vice President Legal, VIA Metropolitan Transit, San Antonio, TX
- Nicole Witt, Attorney, Hanson Bridgett LLP, San Francisco, CA
Special Event Reception5 - 7 p.m.Kushner Restoration Pavilion National WW II Museum 940 Magazine Street, New Orleans, LA Sponsored by Thompson Coburn, LLP Continental Breakfast7:30 - 8:30 a.m. Empire A Foyer, 2nd Floor, Hyatt Regency New OrleansLegal Affairs and Risk Management: Why Are We Here Together? 8:30 - 9 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansLegal Affairs and Risk Management Joint Session Remarks- Paul P. Skoutelas, President and CEO, American Public Transportation Association, Washington, DC
- Anthony A. Anderson, Partner, Thompson Coburn LLP, Washington, DC
- James Keane, Port Authority of NY & NJ, Jersey City, NJ
Sexual Harassment: Leadership in the #MeToo Era9 - 10:30 a.m. Empire A, 2nd Floor, Hyatt Regency New OrleansLegal Affairs and Risk Management Joint Session
This interactive session will ignite an engaging conversation on the opportunities for legal and risk management professionals in the #MeToo era. Diana Wagner-Hilliard, Director EEO & Workforce Diversity for Bi-State Development Agency, will discuss how you can ensure your organization knows the risks of a harassment complaint, as well as how to effectively identify, investigate, and respond. Moderator- Jenifer M. Ross-Amato, JD, Senior Vice President, Alternative Delivery, WSP USA, Denver, CO
Presenters- Diana Wagner-Hilliard, J.D., Bi-State Development Agency (dba Metro)
- Teri R. Fisher, CEO & Managing Partner, Insight Strategies, Inc., Torrance, CA
- James N. Foster, Jr., Partner, McMahon Berger, St. Louis, MO
Insurance and Risk Management: Litigation, Investigation & Public Disclosures 10:30 - 11:30 a.m. Empire A, 2nd Floor, Hyatt Regency New Orleans Legal Affairs and Risk Management Joint Session
Break11:30 - 11:45 a.m. Empire A Foyer, 2nd Floor, Hyatt Regency New OrleansLuncheon Keynote: Cyber Security Risk, Mitigation and Insurance11:45 a.m. - 1:15 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansLegal Affairs and Risk Management Joint Session
Cyber risk management information is important to surface transportation operators because cybersecurity threats are real, and they can have real consequences for an organizations' operations and profitability. Listen to cybersecurity best practices and insurance trends. Moderator- Kenneth Reed, Director of Risk Management, Ohio Transit Risk Pool, Wadsworth, OH
Keynote Speaker- Marlene Brehm, Senior Vice President, Sales & Marketing, @RISK (At Risk) Technologies, Dallas, TX
Panelists- Sean O'Brien, President & CEO, @RISK (At Risk) Technologies, Dallas, TX
- Chris Mee, J.D., AON Risk Services, Chicago, IL
Closing Remarks from Legal Affairs Committee Chair1:15 - 1:30 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansLegal Affairs and Risk Management Joint Session
Remarks- Anthony A. Anderson, Partner, Thompson Coburn LLP, Washington, DC
Opening Remarks and Welcome from Risk Management Committee Chair1:45 - 2 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansRisk Management Seminar Session
Remarks- Mark A. Emmons, Director of Life Safety & Security, Indianapolis Public Transportation Corporation (IndyGo), Indianapolis, IN
ADA Update2 - 3 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansRisk Management Seminar Session
The purpose of the ADA law is to make sure that people with disabilities have the same rights and opportunities as everyone else and that applies to public buses and rail transit systems. Learn what you need to know so that you can abide by ADA requirements. Moderator- Brian Clem, Director of Risk and Safety (CSO), Indianapolis Public Transportation Corporation (IndyGo), Indianapolis, IN
Guest Speaker- David Knight, Trial Attorney, Civil Rights Division, U.S. Department of Justice, Washington, DC
Bus Operator Assaults3 - 4:30 p.m. Empire A, 2nd Floor, Hyatt Regency New OrleansRisk Management Seminar Session
Not a week goes by that we don't hear stories about bus operators and other transit workers being yelled at, spit on, and punched by customers. This panel will help you find resources and information about preventing attacks on transit workers. Moderator- Mark A. Emmons, Director of Life Safety & Security, Indianapolis Public Transportation Corporation (IndyGo), Indianapolis, IN
Panelists- Lisa Staes, Associate Director, Center for Urban Transportation Research, Tampa, FL
- Kevin P. Gaddis, Division Director Surface Operations, Transportation Security Administration, Springfield, VA
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