May 1-4, 2019

Omni Barton Creek
Austin, TX


Program Schedule

Click here to download the full conference brochure.

The 2019 program schedule is jam-packed with CLE sessions, dining, networking, and other fun activities. This year's educational sessions will feature timely topics of interest for attorneys practicing all modes of transportation law. Topics have been chosen based on suggestions received from past attendees as well as recent developments in the law that affect the transportation industry.
 

Wednesday, May 1

Thursday, May 2

Friday, May 3

Saturday, May 4

4:00 p.m. - 7:30 p.m.
Registration Open
7:00 a.m. - 5:00 p.m.
Registration Open
7:15 a.m. - 8:15 a.m.
Breakfast
8:15 a.m. - 8:30 a.m.
Opening Remarks
Speakers:
Hillary Arrow Booth, TLA President, Booth LLP, Los Angeles, CA
Israel A. Ludwig, DD West LLP; President, Canadian Transportation Lawyers Association, Winnipeg, MB, Canada
8:30 a.m. - 9:30 a.m.
Blockchain Unleashed!
Will blockchain technology's brave new world require changes in the doctrines of contract law? How do smart contracts fit within our existing legislative and regulatory framework? What impact will this revolution have on lawyers and other middlemen? Our panel of industry and legal experts will tackle these and other emerging issues as they describe the current and projected applications of blockchain technology.
Presenter(s):
Moderator:
Wesley S. Chused, Preti Flaherty Beliveau & Pachios LLP, Boston, MA
Speakers:
Marc S. Blubaugh, Benesch, Friedlander, Coplan & Aronoff, LLP, Columbus, OH
Greg Carter, GlobalTranz, Scottsdale, AZ
9:30 a.m. - 10:30 a.m.
Keep Austin Weird—But Not Your Mediations
Almost 97% of all civil lawsuits settle rather than go to trial. This panel will help your clients achieve better results in private or court-affiliated mediations. Gain new insights for effective preparation, techniques, and strategies from the perspectives and real-world experiences of the mediator, the client, and participating attorneys.
Presenter(s):
Moderator:
Gordon D. McAuley, Williams & Gumbiner LLC, Greenbrae, CA 
Speakers:
Kathleen C. Jeffries, Scopelitis, Garvin, Light, Hanson & Feary, PC, Pasadena, CA
Jeffrey Simmons, GlobalTranz, Scottsdale, AZ
10:30 a.m. - 10:45 a.m.
Refreshment Break
10:45 a.m. - 11:15 a.m.
The Art of Using Digital Media to Grow Your Business
Jennifer B. Gardner is a trial lawyer and marketing/growth strategist who helps lawyers master powerful influence, persuasion, and communication skills, hone the craft of storytelling, and create compelling content to use online so that they can nurture their referral sources and grow their businesses using digital media. As social media blurs the lines between social and business relationships, lawyers need to master this form of communication to stay competitive and thrive. Ms. Gardner teaches messaging strategies that are the key to all successful organic and paid marketing campaigns.
Presenter(s):
Moderator: 
Jeffrey M. Pincus, Lewis Johs Avallone Aviles, LLP, Islandia, NY
Speaker:
Jennifer B. Gardner, Gardner + Associates, and RoamHowl Creative, Los Angeles, CA
11:15 a.m. - 12:15 p.m.
The Fate of Independent Contractors
Explore and understand the newest multifaceted attacks on the use of independent contractors in transportation. Legal and industry experts will discuss the remaining defenses to misclassification claims, including the status and viability of FAAAA preemption, and business strategies aimed at preserving the use of independent contractors in the industry.
Presenter(s):
Moderator: 
Paul B. Mello, Hanson Bridgett, Walnut Creek, CA
Speakers:
Jennifer M. Martinez, Hanson Bridgett, San Francisco, CA
Coby T. Page, Knight-Swift Transportation Holdings, Phoenix, AZ
12:30 p.m. - 1:30 p.m.
TLA Business Meeting Luncheon
1:30 p.m. - 2:00 p.m.
TLA Committee Chair Orientation
2:00 p.m. - 5:00 p.m.
CTLA Executive and Directors Meeting
2:00 p.m. - 5:00 p.m.
Committee Meetings Offering CLE
2:00 p.m. - 3:00 p.m.
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
Presenter(s):
Speakers:
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

 
 
 
3:00 p.m. - 4:00 p.m.
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
Presenter(s):
Moderator:
Michael Spurlock, Beery & Spurlock Co. LPA, Columbus, OH

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

 
4:00 p.m. - 5:00 p.m.
Freight Claims Committee - Educational
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.
 
Presenter(s):

Moderators:
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

Speakers:
Ian Culver, Booth LLP, Los Angeles, CA
Stephen T. Dennis, Clark Hill Strasburger, San Antonio, TX
7:30 a.m. - 12:45 p.m.
Registration Open
7:30 a.m. - 8:30 a.m.
Past President's Breakfast
7:30 a.m. - 8:30 a.m.
Breakfast
8:30 a.m. - 9:30 a.m.
Web-Based Transportation Intermediaries and Other Service Providers Hammer Down!
Recent years have seen the rapid rise to prominence of internet freight brokerages and other providers. Often well-funded by high-profile investors, their momentum in garnering business market share is grabbing headline attention. This panel, comprised of representatives from groundbreaking companies, will address the unique legal, regulatory, and business challenges digital platforms present, with attention to their expected role in shaping our industry’s future.
Presenter(s):
Moderator:
Steven W. Block, Foster Pepper, Seattle, WA
Speakers:
Lauren Corva, Amazon, Seattle, WA
Diankha Linear, Convoy, Seattle, WA
Jason Traff, Shipwell, Austin, TX
9:30 a.m. - 10:30 a.m.
Girl Walks Out of a Bar
Lisa Smith gives a darkly comedic, honest, and completely relatable inside look at high-functioning addiction in the world of corporate law. Lisa is a recovery advocate, writer, podcast host, and lawyer in New York City. Lisa has appeared on Megyn Kelly TODAY and BBC World News discussing alcoholism and addiction.
Presenter(s):
Moderator: 
Scott D. Carey, Baker Donelson, Nashville, TN
Speaker: 
Lisa F. Smith, Author/Lawyer, New York, NY
10:30 a.m. - 10:45 a.m.
Refreshment Break
10:45 a.m. - 11:45 a.m.
The Ties That Bind: Tariffs and Trade Wars and Their Impact on Supply Chains and the Transportation Industry
The NAFTA - an agreement now called the USMCA - has finally been renegotiated after a roller coaster year plus of negotiations amongst the three countries. The fate of USMCA now rests in the hands of legislators in the three countries for final approval. Meanwhile, the escalating rhetoric between allies and trading partners, rising tariffs and a virtual trade war with China have sent shock waves through global supply chains in key industries, triggering legal challenges in the United States and at the World Trade Organization. Where do we go from here? What can business do to weather such turmoil?
Presenter(s):
Moderator:
Kurt Gerstner, Lee International, Seoul, South Korea
Speakers: 
Evelyn Suarez, The Suarez Firm, Washington, D.C.
Alejandro García Seimandi, García Seimandi, Flores & Villeda, Mexico City, Mexico
Louis Amato-Gauci, Miller Thompson LLP, Toronto, ON, Canada
11:45 a.m. - 12:45 p.m.
2000 Miles: Through Multimodal
Through an interactive series of questions and answers, panelists will present and analyze concepts, topics, and emerging issues relevant to transportation when a shipment is moved by rail, sea, land, and air, and explore related considerations such as liability, transshipment, applicable law, and jurisdiction.
Presenter(s):
Moderator: 
Arturo Rivera, Sesma, Sesma & McNeese, Mexico City, Mexico
Speakers:
Eric L. Zalud, Benesch, Friedlander, Coplan & Aronoff LLP, Cleveland, OH
Greg E. Summy, Norfolk Southern Corporation, Norfolk, VA
Marco G. Remiorz, Arnecke Sibeth Dabelstein, Hamburg, Germany
Hans N. Huggler, Lane Powell PC, Portland, OR
12:45 p.m. - 2:00 p.m.
Lunch (on your own)
2:00 p.m. - 3:00 p.m.
Committee Meeting Offering 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?

Presented by the Casualty Litigation and Motor Carrier Committees

The full committee meetings schedule is available under the "Committee Meetings" tab.
Presenter(s):
Moderator: 
David B. Hall, Baker Donelson, Birmingham AL
Speakers:
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
 
7:30 a.m. - 12:00 p.m.
Registration Open
7:30 a.m. - 8:30 a.m.
Breakfast
8:30 a.m. - 9:30 a.m.
Flip the Script: Changing the Playing Field with the Words We Choose, or Top 10 Words to Avoid When Actually Defending Our Clients
Learn how the use of certain words and phrases, taken for granted in the casualty trucking industry, are making the plaintiffs’ cases for them. Presenters will explore the viability and efficacy of changing the terms witnesses use. When is a Safety Director not a Safety Director? Almost always. 1984 is over but the double speak lives on in the plaintiffs’ attacks.
Presenter(s):
Moderator: 
Miriam Tepperman, Isaacs & Co., Toronto, ON, Canada
Speaker:
David B. Hall, Baker Donelson, Birmingham, AL
9:30 a.m. - 10:30 a.m.
The Challenges Inherent in Arctic Navigation: How the Shipping Community Is Responding to the New Opportunities in the North
With shipping activity in Polar Regions increasing due to receding sea ice, commercial marine activity is significantly increasing, with new, and potentially faster, routes for the carriage of goods and increased demand for eco-tourism.  In particular, after several years in the development stage, the International Maritime Organization has recently adopted the Polar Code, a new instrument regulating mandatory standards to apply to the design and construction, equipment, training, operational and environmental protection concerns that affect vessels operating in Arctic and Antarctic waters. The panellists will discuss the efforts taking place to modernize and adapt the regulatory and marine insurance environments to meet these new challenges.
Presenter(s):
Moderator:
Peter G. Pamel, Borden Ladner Gervais LLP, Montréal, QC, Canada
Speakers: 
Timothy W. Pavilonis, Office of Maritime and International Law, U.S. Coast Guard Headquarters, Washington, DC
David S. Côté, Office of the Administrator of the Ship-source Oil Pollution Fund, Ottawa, ON, Canada
 
10:30 a.m. - 10:45 a.m.
Refreshment Break
10:45 a.m. - 11:45 a.m.
“Broken Seal” Appeal: FSMA v. Carmack Liability
Attendee “appellate judges” will observe and decide—after hearing appellate arguments by two outstanding transportation lawyers, Cameron Roberts and Craig Helmreich—the issue of whether a shipper’s rejection and destruction of a shipment based on a broken seal under the Food Safety Modernization Act equates to motor carrier liability under the Carmack Amendment. You decide.
Presenter(s):
Moderator: 
Wesley S. Chused, Preti Flaherty Beliveau & Pachios LLP, Boston, MA
Speakers:
Cameron Roberts, Roberts & Kehagiaras LLP, Long Beach, CA
Craig J. Helmreich, Scopelitis, Garvin, Light, Hanson & Feary, P.C., Indianapolis, IN
11:45 a.m. - 12:15 p.m.
Membership Committee Presentation
Our TLA Membership Committee will lead a discussion on TLA’s diversity goals, ways to achieve the goals, and how our association can embrace diversity to the benefit and advantage of all members.
12:30 p.m. - 2:00 p.m.
Lunch (on your own)