May 1-4, 2019

Omni Barton Creek
Austin, TX

Committee Meetings

Thursday, May 2, 2019

Friday, May 3, 2019

2:00 p.m. - 3:00 p.m.
Corporate Counsel & Bankruptcy Committees - CLE
Bankruptcy Basics for Transportation Corporate Counsel

This presentation will explore bankruptcy law and practical application in frequently occurring scenarios for in-house counsel and counsel on behalf of transportation-related entities.  The session will review core nuts and bolts bankruptcy concepts, as well as provide insight into bankruptcy issues common to the transportation industry.  Specific topical areas to be discussed include bankruptcy preference claims and defenses thereto, trustee strong arm provisions allowing extended lookback periods via state statute, constructive trust theory as applied in bankruptcy and venue considerations.

Co-presented by the Bankruptcy and Corporate Counsel Committees
Rick A. Steinberg, Price Meese Shulman & D’Arminio, P.C., Woodcliff Lake, NJ
Sandra K. Hiller, Advantage Management Corporation, St. Paul, MN
Coby T. Page, Knight-Swift Transportation Holdings Inc., Phoenix, AZ
2:00 p.m. - 3:00 p.m.
Young Lawyers Committee
The Young Lawyers Committee will meet to discuss topics its members would like to see included in future TLA programming.  Additionally, the meeting will have a practical segment to aid its members in the business side of the law as it pertains to marketing and networking. The Young Lawyers Committee is committed to expanding resources to lawyers that are not available through traditional research forums, whether you are new to the transportation industry or growing in your practice.
2:00 p.m. - 3:00 p.m.
Labor & Human Resources Committee
As has been our tradition, the Labor and Human Resources Committee will host a roundtable discussion of pertinent labor and employment law issues facing transportation companies. Please plan to attend and take advantage of insights and strategy tips from the top practitioners representing shippers, carriers, and logistics companies.
3:00 p.m. - 4:00 p.m.
Antitrust & Unfair Trade Practices Committee - CLE
Computerizing Contractual Transactions - Legal Issues and Risks in Developing and Using Computer Programs to Create and Enforce Commercial Relationships

New technological developments such as IoT, AI, and data-driven computer analytics are increasingly transforming the logistics and global supply chain industry.  The advent of blockchain creates the tantalizing possibility that multi-party contractual relationships can be created and governed by computer programs and the use of “smart contracts.”
However, developing and implementing such computer programs have their own inherent risks, such as the potential exposure to antitrust liability of companies that jointly participate in the development of such computer programs; possible unfair competition law issues related to the implementation and use of such computer programs; and legal issues arising from the interrelationship of such computer programs with other laws.
Please join this session to discuss the benefits – and possible pitfalls – of the next stage of technological contracting.

Presented by the Anit-trust & Unfair Trade Practices Committee
Michael Spurlock, Beery & Spurlock Co. LPA, Columbus, OH

Andrew M. DanasGrove, Jaskiewicz and Cobert, LLP, Washington, D.C. 
Jeremy R. Handschuh, Mitchell-Handschuh Law Group, Atlanta, GA

3:00 p.m. - 4:00 p.m.
Admiralty & Maritime Committee

The meeting will focus on current developments in maritime transportation law including Circuit Court level updates involving maritime lien claims for fuel supplied to vessels; cruise ship searches, seizures and injuries; clarification of arbitration awards; and multimodal cargo damage liability. We will also address the Federal Maritime Commission rule that entered into effect in August amending its regulations governing Non-Vessel-Operating Common Carrier negotiated rate arrangements and service arrangements.

3:00 p.m. - 4:00 p.m.
Logistics & E-Commerce Committee
The Logistics & E-Commerce Committee will be addressing topics including the role of load-boards in the logistics industry, the rise of “shippers’ / carriers’ agents," and other challenges/options facing brokers, such as the cargo loss conundrum from the broker perspective.

The committee plans to brainstorm these issues to determine whether – and in what way – we can present these topics to the TLA membership at large in the coming year. We will also address the practical business of the committee, including the continuing leadership of the committee and committee members’ participation in TLA conference panels, articles, and webinars going forward.  
3:00 p.m. - 4:00 p.m.
Aviation Committee
The Aviation Committee plans to discuss: 

1. Membership Drive
2. Strategic Planning for 2019-2021
3. Proposed panels for 2020 TLA and CTLA Conferences
4:00 p.m. - 5:00 p.m.
Freight Claims Committee
This session will feature a discussion of two reoccurring and ever changing issues in the handling and defense of cargo claims involving all modes of transportation. The topics include: 1) the ever growing and changing role of the freight broker/logistics company in the cargo claim; and 2) the developing trends in claim notice and limitations. Learn from and contribute to a panel discussion moderated by the Freight Claims Committee and led by counsel with insights into the tools of the trade.

Moderator: Jason Orleans, Orleans Canty Novy, LLC, Chicago, IL; Beata Shapiro, Wilson Elser Moskowicz Edelman & Dicker LLP,Boston, MA, C. Fredric Marcinak, III, Moseley Marcinak Law Group LLP, Greenville, SC
Presenter(s): Ian Culver, Booth LLP, Los Angeles, CA
Stephen T. Dennis, Clark Hill Strasburger, San Antonio, TX
2:00 p.m. - 3:00 p.m.
FLAPS Committee
The FLAPS Committee will come together to discuss hot legislative and regulatory topics, including:
  1. The FMCSA’s corrective action plan and its compliance with the FAST Act requirements.
  2. The proposed use of Item Response Theory [IRT] Model proposed by the NAS – How does it address data accuracy and sufficiency? What would be the effect of its publication?
  3. ELD and HOS reform – has the ELD resulted in more compliance and fewer crashes? What HOS improvements does the Agency propose? Should we be measuring fatigue and not productivity?
  4. Federal preemption of state employment related laws – the FMCSA’s pronouncement on the California meal and rest break. Where does this issue go from here?
  5. Preventability – what does that really mean? How can the Agency call balls and strikes on 130,000 crashes and what will the effect be?
  6. True regulatory reform – is anybody listening?
2:00 p.m. - 3:00 p.m.
Casualty Litigation and Motor Carrier Committees - CLE
If They Aren’t Cheating – They’re Not Trying

Some members of the Plaintiff Bar and their Experts have been pointing to the CDL Manual as an authoritative Standard of Care, despite conflicting –and even contrary—State Law. How can defense lawyers best refocus the Judge and Jury on the real Standard of Care?  Should there be a “uniform” CDL Manual?  What use, if any, can the defense bar make of the CDL Manual in its current form?
Presenter(s): Moderator: David B. Hall, Baker Donelson, Birmingham AL
Gene F. Zipperle Jr., Ward Hocker & Thornton, PLLC, Louisville, KY
William B. Pentecost Jr., Cipriani & Werner, Pittsburgh, PA
Steven D. Prelutsky, National Transportation Adjusters, Scottsdale, AZ
2:00 p.m. - 3:00 p.m.
Rail Committee
3:00 p.m. - 4:00 p.m.
Commercial and Business Litigation Committee
Join this year’s Commercial and Business Litigation Committee meeting to share real-world perspectives and collaborate with fellow committee members on emerging and recurring litigation issues confronting transportation companies and their attorneys.  This year’s speakers will guide the Committee through topics ranging from a transportation class action update including unpaid and on-duty rest period class actions, non-reimbursed business expense class actions, unpaid overtime class actions, and multi-plaintiff sexual harassment cases to everyday common insurance pitfalls for the transportation attorney. Come ask questions, share experiences, and engage with fellow commercial and business litigators in the transportation sector.
3:00 p.m. - 4:00 p.m.
International Trade and Transportation Committee
The International Trade Committee will meet to host a roundtable discussion providing an analysis of “The Trump Administration’s Changes to Global Trade.” We expect to include perspectives from the EU, Asia, and the Americas on how these changes are impacting the economy and the transportation industry.
4:00 p.m. - 5:00 p.m.
ADR Committee
The ADR Committee plans to discuss:

1. Introduction to New Website and How to Use it to Communicate with Committee members.
2. Changing of the Guard.  The introduction of the new Chair/Vice Chair.