6/23/2021 - 6/26/2021

The Resort at Squaw Creek
Olympic Valley, CA


Program Schedule

Click here to download the full conference brochure.   **Please note that changes that are made to the program (hotel info, travel info, CLE program, Networking, etc.) will be made to this website but not the brochure.**

The 2021 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.
 
Accreditation has been requested for the 2021 TLA Annual Conference from every state with mandatory continuing legal education (CLE) requirements. Please be aware that each state has its own rules and regulations, including the definition of CLE. More information  about CLE is available on the TLA website.

 

Thursday, June 24, 2021

Friday, June 25, 2021

Saturday, June 26, 2021

4:00 p.m. - 7:30 p.m.
Registration
7:00 a.m. - 2:15 p.m.
Registration
7:30 a.m. - 8:15 a.m.
Breakfast
8:15 a.m. - 8:30 a.m.
Welcoming Remarks
Presenter(s):
John F. Wilcox, Jr., Shareholder/Director, Dysart Taylor Cotter McMonigle & Brumitt, P.C., Kansas City, MO; President, Transporation Lawyers Association
Bridgette M. Blitch, Shareholder, Blitch Westley Barrette, Windermere, FL; Co-Chair, TLA Education Program Committee
Jeffrey  M. Pincus,  Partner, Lewis Johs Avallone Aviles, LLP, Islandia, NY; Co-Chair, TLA Education Program Committee

 
8:30 a.m. - 9:30 p.m.
Rooted in Survival: A Biathlon in the Trucking Industry Must Have a Firm Grasp of the Rules of ABCs— Academics, Bots, and Clearing House Rules
The word biathlon originates from the Greek word for two contests. In this panel, the audience will learn about the new FMCSA regulations and the impact of the New Drug and Clearing House Rules. Our expert panel will also discuss updates in the Hours of Service Rules and the effect of national declarations entered during the COVID-19 pandemic. Because our clients are also learning how to survive in the forests of trucking, and develop their own drivers, the panel will also discuss new requirements for CDL driving academies as well as legal and practical issues in setting up a truck driving training school. Combine your skills of skiing and shooting as we journey with the Biathlon speakers in this precision driven panel.
 
Presenter(s): Peggy Smith Bush, Special Counsel, Marshall Dennehey, Orlando, FL
Bobbi Jo Hill, Vice-President, Fleet Compliance, Bryon Center, MI
Leonard C. Leicht, Shareholder, Marshall Dennehey, Roseland, NJ
Harold Moroknek, Shareholder, Marshall Dennehey, Purchase, NY
Carrie C. Wall, Claims Manager, Bill Fralic Insurance Services, Inc., Alpharetta, GA
 
9:30 a.m. - 10:30 a.m.
The Thrill of Victory or Agony of Defeat, Which Will It Be?‎
The late-night call comes in. You’ve had a catastrophic accident. You are now at the starting gate with your skis pointed downhill.  How do you avoid the agony of defeat at the finish line: a nuclear verdict? Our panelists will share their experiences in handling catastrophic cases, with a particular emphasis on how to defend against the current trial techniques being used  by plaintiff’s counsel against the industry.
 
Presenter(s): Mark Barber, Shareholder, Baker Donelson, Atlanta, GA
Clarence C. Easterday, Executive Advisor - Risk Management, Western Express Inc., Nashville, TN
Ashley Winsky, Partner, Gentry Locke, Richmond, VA
10:30 a.m. - 10:45 a.m.
Break
10:45 a.m. - 11:30 a.m.
Ski High
Coach your clients through the potential negative effects of the transportation industry’s developing marijuana rules and practices. Whether conquering the moguls of intrastate transportation or shushing through the Giant Slalom of potential cross state transportation, learn more about the everchanging laws governing the hauling of this still controversial freight.
Moderator: Marshal Pitchford, Partner, DiCaudo, Pitchford & Yoder, Akron, OH
Presenter(s): Ken Bryant, Partner, Burr & Forman, Nashville TN
Jennifer Fisher, Partner, Goodwin, San Francisco, CA
Scott Zackaroff, Staff Attorney, FedEx Custom Critical, Akron, OH
 
11:30 a.m. - 12:15 p.m.
Perfect 10‎
Come hear the top 10 things you need to know about how the Food  Safety Modernization Act has changed cargo claims.  Will you score a 10.00 or net a 5.6 for sloppy style?  This panel will help you earn those crucial technical points with your clients as they skate through the ever-changing law in this arena.
Moderator: Marshal Pitchford, Partner, DiCaudo, Pitchford & Yoder, Akron, OH
Presenter(s): Emily Chiarizia, General Counsel, Armstrong Transport Group, LLC, Charlotte, NC
Stephen Dennis, Member, Clark Hill, PLC, San Antonio, TX
Megan Early-Soppo, Partner, Moseley Marcinak Law Group, Greenville, SC
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. - 5:15 p.m.
Committee Meetings
7:30 a.m. - 12:30 p.m.
Registration
7:30 a.m. - 8:30 a.m.
Past Presidents' Breakfast
7:30 a.m. - 8:30 a.m.
Breakfast
8:30 a.m. - 9:30 a.m.
Land, Sea, Air: We All Arrived at the Games in Our Own Manner
Whether it be cross country, downhill, half-pipe, or freestyle we all have our own transportation modes to conquer. What issues are most compelling to each practitioner in maritime, over-land, air, and rail. The panelists will discuss the newest trends in these practice areas.
Moderator: M. Gordon Hearn, Partner, Fernandes Hearn LLP, Toronto, ON, Canada
Presenter(s): Alan Polivnick, Partner, Watson, Farley & Williams (Thailand) Ltd., Bangkok, Thailand
Marco Remiorz, Managing Partner, Arnecke Sibeth Dabelstein, Hamburg, Germany
Jameson Rice, Partner, Holland & Knight LLP, Tampa, FL
Robert C. Rogers, Partner, Moseley Marcinak Law Group, LLP, Greenville, SC
9:30 a.m. - 10:30 a.m.
Toe Loop or Triple Lutz? Complex Maneuvers for Level One, Roadside Inspections?‎
Figure skating requires dedicated training to achieve precision  on ice. This panel of legal and industry experts will discuss the common pitfalls for motor carriers during DOT roadside inspections. Executed with grace and skill, this panel will explain what motor carriers can expect during DOT roadside inspections and the impact of DOT violations on motor carriers for future litigation. The panel will also guide us through sticking the landing while discussing best practices to proactively identify, mitigate, and prevent violations during roadside inspections.
 
Moderator: Melissa T. Richardson, Member, Walters Richardson, Lexington, KY
Presenter(s): Lesley Sachs, Partner, Taylor & Associates, Winter Haven, FL
Nicholas A. Rauch, Attorney, Larson King, St. Paul, MN
Darrell Flesner, Senior Claims Attorney, Vanliner, St. Louis, MO
Captain Arnold Hardy, California Highway Patrol
Sergeant David Kelly, California Highway Patrol
 
10:30 a.m. - 10:45 a.m.
Break
10:45 a.m. - 11:45 a.m.
Plummeting Headfirst Down a Steep Track: When Cargo Is Detained, ‎Retained, or Abandoned
Skeleton Racing is not for the faint of heart. Unfortunately, our clients slide down a treacherous ice track when their cargo (or their customer’s cargo), is no longer in control. The juxtaposition of the movement of goods, and the payment for those movements, frequently causes friction in the supply chain.  Often, the flow of funds does not “catch up” to the actual shipment schematic. The consequent failure to pay freight charges, or failure to locate freight, regularly results in situations where freight is improperly (or properly) “held hostage” by towing companies, storage yards, warehouses, and other entities in the transport continuum.  Also, as the supply chain becomes more complex, sometimes freight is misplaced or abandoned, and legal rights need to be ascertained by the possessor.

This panel will thoroughly analyze the case law, regulations, and practicalities of hostage freight situations and abandoned freight situations, both in terms of surface transportation involving motor carriers, rail carriers, and brokers, and also maritime transportation involving NVOCCs and steamship and drayage companies.
 
Moderator: Stephanie S. Penninger, Senior Director, Legal Counsel, ‎XPO Logistics, Charlotte, NC
Presenter(s): Casey M. O’Brien, Attorney, Hill Rivkins LLP, New York, NY
Sarah Routhier, Attorney, Stein Monast, s.e.n.c.r.l., Quebec City, QC, Canada
Eric Zalud, Partner, Benesch, Friedlander, Coplan & Aronoff, LLP, Cleveland, OH

 
11:45 a.m. - 12:45 p.m.
On Ice: Curling with Russia and China (and other Teams)— Trade and Transportation Collide at the Border
Akin to its nickname, “The Roaring Game,” parties in the supply chain work elaborate schemes to move a 44 pound granite stone on ice. Unlike the game, these players are trying to minimize or avoid the payment of customs duties. The speakers will examine U.S. Customs and Border  Protection’s and other federal agencies’ penalties assessed against officers, directors, importers, exporters, and intermediaries for schemes involving misclassification, undervaluation, country of origin, anti-dumping, and false duty-free preference claims. Participants will come away informed about the hottest topics of the U.S.-China Trade War, Trump’s Section 201, 232, and 301 Extra Tariffs for ‘National Security’, Trump’s proposed extra tariffs against Mexico, the USMCA Free Trade Agreement, the First Sale doctrine, and enforcement of intellectual property rights which all lead to radical changes in international supply chains.
 
Presenter(s): Peter Quinter, Shareholder, GrayRobinson, P.A., Miami, FL
Cameron Roberts, Partner, Roberts & Kehagiaras, LLP, Long Beach, CA
12:45 p.m. - 2:00 p.m.
Lunch (on your own)
2:00 p.m. - 4:30 p.m.
Committee Meetings
7:30 a.m. - 12:00 p.m.
Registration
7:30 a.m. - 8:30 a.m.
Breakfast
8:30 a.m. - 9:30 a.m.
Putting Together a Dream Team: Formulating a Successful Strategy and Effective Team When Your Driver Is Criminally Charged after a Serious Accident
Much like the perfect bobsled team, a winning defense strategy requires precision and a coordinated effort before the members even jump into the sleigh. When a driver is charged criminally or required to testify at an administrative hearing it is critical that the criminal and civil attorneys work in unison to avoid pitfalls that may not be visible until halfway through the first turn. A slight unanticipated deviation to the right or left could cost the team precious milliseconds or worse yet, a devastating wipe-out.  Our team of experts will discuss how to assure that the brakeman, driver, and crew alight from the starting position with smooth, calculated efficiency to cross the finish line in strong medal contention.
Moderator: James Wescoe, Partner, Weber Gallagher, Philadelphia, PA
Presenter(s): Nathan Lindquist, Senior Vice President, Claims, Protective Insurance Corporation, Carmel, IN
 
9:30 a.m. - 10:30 a.m.
Know Differences, Show Differences: Equality, Diversity, and Inclusion (EDI) in Practice
The Olympic Games are meant to celebrate the unique qualities we all have.  To what extent is our behavior, and the way we assess the behavior of others, culturally embedded? What can lawyers and law firms do to ensure good cross-cultural communication and understanding? Who needs mentoring and micro-affirmations, and why? Why is it so difficult to talk about race, disability, sexual orientation, and cultural differences?  This moderated discussion will explore the harmful effects of a lack of diversity for legal organizations, the profession, and legal system, while taking a look at some of the best EDI-friendly practices and procedures that are emerging within the profession. Discussion will also focus on ABA Model Rule 8.4(g), adopted in 2016, which specifically prohibits harassment and discrimination in a lawyer’s conduct “related to the practice of law.”
 
Moderator: Louis Amato-Gauci, Partner, Miller Thomson, Toronto, ON, Canada
Presenter(s):
Sue-Lynn Noel, Vice President, General Counsel and Corporate Secretary, Purolator Inc., Mississauga, ON, Canada
H. Sandra Bang, Chief Diversity and Talent Strategy Officer, Shearman & Sterling LLP, New York, NY

 
10:30 a.m. - 10:45 a.m.
Break
10:45 a.m. - 11:45 a.m.
There’s No Protection in the Luge, as Transportation Clients Hurtle Down the Slippery Track – Have You Secured Your Client’s Trademark and Logo from Appropriation?‎
Rely on the reflexes of experienced trademark attorneys to learn how to protect your client’s name and good will. Understand the potential outcomes and risks that could result from an improper trademark protection filing. Avoid being the subject of a cease and desist letter from some party’s claim use of the mark. Do not get in the luge until you have heard this presentation. Unlike a bobsleigh, errors in the luge are unforgiving.
Moderator: Richard Westley, Partner, Blitch Westley Barrette, Madison, WI
Presenter(s): Emily A. Bayton, Partner, Faegre Drinker Biddle & Reath LLP, Denver, CO
11:45 a.m. - 12:45 p.m.
Make Sure Your Clients Have the Skill to Compete in the Nordic Combined Sport of Insurance and Business Law
As a means of survival, communities relied on skis to chase game and gather firewood in wintertime. Transportation companies rely on their counsel to understand both their business and risk exposures when evaluating their corporate structure, reviewing contracts, and evaluating insurance policies prior to renewal. Your clients are in it for the long haul, so be prepared to jump high and ski hard when it is time for your client to make important business decisions.
Moderator: Bridgette Blitch, Partner, Blitch Westley Barrette, Windermere, FL
Presenter(s): Tommy Ruke, Founder, Motor Carrier Insurance Education Foundation, Fort Meyers, FL
 
12:45 p.m. - 2:00 p.m.
Lunch (on your own)