4/29/20 - 5/2/20

Omni Amelia Island Plantation Resort
Amelia Island, FL


Committee Meetings

Thursday, April 30, 2020

Friday, May 1, 2020

2:00 p.m. - 3:00 p.m.
Labor and Human Resources
Facilitator: Paul Mello, Hanson Bridgett LLP, Walnut Creek, California

Members of the Labor and Human Resources committee will be discussing legal issues of concern from both an in-house and outside counsel perspective.  Of note, the group will be discussing the impact of medical and recreational marijuana laws on the industry, the never ending misclassification quandary and other issues of common concern.  In addition, we would like to engage the group on ways to improve the committee experience for its members and the possibility of conducting quarterly committee conference calls.
 
 
2:00 p.m. - 4:00 p.m.
Casualty & Motor Carrier Committees
2:30 p.m. - 3:30 p.m.
Bankruptcy and Creditors’ Rights Committee - CLE
The topic of the program will be cross-border insolvency proceedings as they relate to international trade and transportation, with a focus on United States and Canadian insolvency regimes, including Chapter 15 of the U.S. Bankruptcy Code.
 
Presenter(s): Rick A. Steinberg, Of Counsel, Price Meese Shulman & D’Arminio, P.C., Woodcliff Lake, New Jersey
Pierre-Olivier Menard Dumas, Partner, Stein Monast LLP, Quebec City, Quebec, Canada
                                                                                     
 
2:30 p.m. - 3:30 p.m.
Antitrust and Unfair Trade Committee
Presenter(s): Speakers:   
Michael Spurlock, Beery & Spurlock Co. LPA, Columbus, Ohio
Andrew M. DanasGrove, Jaskiewicz and Cobert, LLP, Washington, D.C. 
Jeremy R. Handschuh, Mitchell-Handschuh Law Group, Atlanta, Georgia
 
2:30 p.m. - 3:30 p.m.
Freight Claims Committee
Moderator: Kristen M.J. Johnson, Partner, Taylor & Associates, Attorneys at Law, P.L., Clearwater, FL
3:30 p.m. - 4:30 p.m.
TLA Air Committee - CLE
Let the Sky Fall: The Montreal Convention’s Effect on Ground Carriers and Updates on the 737-MAX
 
Please engage with TLA-Air on two topics at the forefront of today’s air law.  
 
First, opportunities and risks arise at the intersections between any two modes of transport, and the border between air and ground transport is no different.  Article 18 of the Montreal Convention, which came in to force in 2003 and limits carrier liability in international air cargo transport, extends its protection to some ground carriage, including “substitute carriage” by ground.  The first US appellate decision interpreting Article 18’s scope was Underwriters at Lloyds v. Korea Expeditors, a 2018 decision of the Eleventh Circuit.  Join TLA-Air to learn about the Montreal Convention’s cargo provisions and discuss Korea Expeditors with David Smith, counsel for defendants/appellants in that case.
 
Second, the Boeing 737-MAX has been grounded by global aviation regulators since March 2019.  TLA-Air members will update you on the grounding, legal and regulatory developments, and what to expect in the coming year.
 
Moderator: Hans Huggler, Lane Powell PC, Anchorage, Alaska
Presenter(s): David Smith, Roberts & Associates, Coral Gables, Florida
 
2:00 p.m. - 3:00 p.m.
Business & Commercial Litigation Committee
Presenter(s): Speakers:   
Scott D. Carey, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Nashville, Tennessee
Jeremy R. Handschuh, Mitchell-Handschuh Law Group, Atlanta, Georgia
 
2:00 p.m. - 2:30 p.m.
International Trade and Transportation Committee
2:00 p.m. - 3:00 p.m.
Rail Committee
2:00 p.m. - 3:00 p.m.
Federal Regulation Committee - CLE
HOT TOPICS BEFORE FEDERAL AND STATE AGENCIES AND LEGISLATURES INCLUDING (1) FMCSA SAFETY INITIATIVES, ENFORCEMENT AND PENDING RULEMAKING; AND (2) FEDERAL AND STATE LEGISLATIVE INITIATIVES AFFECTING CONTINUED USE OF INDEPENDENT CONTRACTOR IN THE TRUCKING INDUSTRY
 
FMCSA ISSUES
1.  ELD enforcement
2.  Preventability and causation study initiative
3.  Status of “regulatory reform”
4.  Legislative Initiative – Federal Level
5.  FMCSA funding request
6.  Congressional stalemate
7.  Pro labor initiatives
8.  State actions
9.  Independent contractor model under attack
10.  Status of AB-5 and similar state legislation
11.  Federal preemption – be careful what you ask for.
 
POLITICS
1.  IC Model portrayed as “sweatshop on wheels”
2.  Progressive initiative supported by nanny state and union advocates
 
DISCUSSION
1.  Effect of loss of IC model
2.  By niche truckload intermodal, final mile
3.  Application of costly welfare benefits
4.  Worker’s comp
5.  Unemployment insurance
6.  Warren Act
7.  Joint employer status
8.  DOL rules on FLSA exemption, hours of service and overtime
 
Moderator: Henry Seaton, Seaton & Husk, LP, Vienna, VA