Program Schedule

Speakers:
John F. Wilcox Jr., Shareholder/Director, Dysart Taylor Cotter McMonigle & Montemore, P.C., Kansas City, MO, TLA President
G. Clark Monroe II, Member, DunbarMonroe, P.A., Jackson, MS, 2020 TLI Program Co-Chair
Charles E. Riley IV, Partner, Simon, Peragine, Smith, & Redfearn, L.L.P., New Orleans, LA, 2020 TLI Program Co-Chair
 

International trade has faced unprecedented challenges in the wake of COVID-19, and the “past doesn’t pass away so quickly here.”  While trade routes may never be the same, one thing is certain – we can all benefit from “lessons learned” as transportation users and service providers emerge from global trade disruption.  From demurrage recovery to cargo abandonment, storing containers in third-party yards while having to divert shipments to Canada (or elsewhere), cries of “force majeure” met with blank sailings, deliveries amidst stay-in-place orders, and vessels unable to call to port.  “Around the corner, there’s a promise of something daring and ideal and things are just getting going.”  Each panelist will address emerging international legal issues affecting the transportation industry post-pandemic, including best practices, e.g., in drafting contracts and shipping document terms and conditions, insurance coverage and litigation considerations, and what the global supply chain will look like post-COVID-19.  (Quotations from Bob Dylan’s “Chronicles, Volume One” about the time he spent in New Orleans in the late 1980s).
 
 

The cross-border trade panel will consider the shipment of goods between the United States and Canada along with the conflicts of law that apply to contract negotiations, cargo claims, and unpaid freight.
 

The passage of AB5, a now notorious and progressive law passed in California which changes the dynamic of worker classification for the ground transportation sector, the transportation industry generally, and many other industries, was already slated to have a profound impact on the transportation industry.  This was especially true for the bus, trucking, TNC, taxi, and for-hire vehicle industries – even before the COVID-19 pandemic.  Now, the future application of this expansive law, and the desire of other states, such as New York, to follow California’s lead, may change. This session will track the history of AB5, its application to different transportation business models, and the various legal and political challenges in California to this sweeping law.  Similarly, New York State was fast tracking various AB5-like versions of legislation for swift passage.  Like many things, the COVID-19 pandemic placed these efforts on hold.  Because the for-hire industry in New York City is very different from California, the debate in New York was shaping up to be a battle between highly regulated downstate interests versus less regulated upstate interests.  Also, different viewpoints among driver groups that are pro-union and pro-independent contractor have emerged to frame the debate.  COVID-19 had immediate and tragic public health impacts on our nation, and it will continue to have lasting economic impacts on the transportation industry.  So too will many of the laws that were passed in hopes of mitigating the economic crisis caused by the pandemic.  Some of the laws, including the CARES Act, have provisions that may continue to confuse classification issues as certain of its unemployment enhancements are being provided to independent contractor drivers.  The panelists will also explore and debate whether laws like the CARES Act will change or impact the outcome of the AB5 debate for other states contemplating the protection of gig workers.  Speakers will also discuss the future direction of such laws and the potential litigation that may follow.  
 

Join Jeff Simmons, Immediate Past President of TLA, to celebrate the 2020 TLA Award Winners as he presents the Distinguished Service and Lifetime Achievement Awards.

The panelists will review the efforts of four law firms that compete for business but came together to share knowledge, information, and strategy which ultimately led to the exposure of a large fraud ring setting up accidents with commercial vehicles.  They will also discuss the efforts to defeat the medical funding companies that inflated the special damages resulting in far greater damages being paid by carriers and insurers on the claims. In addition, the panelists will also explore the benefits of collaboration with lawyers/firms from other countries.  For example, and in particular, in fraud cases, if a Canadian aspect can be identified, its laws (based on the English common law) offer extraordinary and very effective remedies not generally available in the United States – specifically with respect to the gathering of evidence and the freezing of assets. Attendees will be exposed to the methods utilized in identifying the fraud claims as well as the benefit of the collaborative efforts to both the industry and the firms involved.  A change in attitude toward working with competitive firms for the betterment of the industry is not just a lofty goal but a real bottom line benefit. 
 

The presenter will address the ethical considerations associated with the exponential increase in computing power and artificial intelligence being adopted by the transportation industry, including but not limited to, privacy concerns, retention of data, preemptive terminations of drivers, and the use of predictive analytics as a means to reduce accident frequency and severity.
 

After attending this session, participants should be able to properly evaluate their client’s corporate structure through the lens of risk mitigation. In addition, once participants have identified their client’s risk exposures, they should be able to advise and implement proper methods to reduce these risks.