Skip Ribbon Commands
Skip to main content
American Public Transportation Association

 Program

 

Sunday, February 25

Registration

9 a.m. - 3 p.m.
DCC Foyer, Desert Conference Center, Riviera Palm Springs

Welcome & Seminar Overview

10 - 10:30 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs
Welcomes
  • Marla L. Lien, Member, APTA Board of Directors; Chair, Legal Affairs Committee; Partner, Kaplan Kirsch & Rockwell LLP, Denver, CO
  • Paul P. Skoutelas, President and CEO, American Public Transportation Association, Washington, DC
Video Welcome
  • Nathaniel P. Ford, Sr., Chair, APTA; Chief Executive Officer, Jacksonville Transportation Authority, Jacksonville, FL

Legislative Update

10:30 - 11:30 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

A review of current and potential legislative activity affecting the public transportation industry. Both the Administration and congressional leaders are promising action on a significant infrastructure bill in 2018, and APTA will continue to advocate for our industry priorities.
  
Speaker
  • Markus Hybner, Sr. Legislative Representative, American Public Transportation Association, Washington, DC

Break (pick up lunch)

11:30 a.m. - 12 p.m.
DCC Foyer, Desert Conference Center, Riviera Palm Springs

Lunch & Roundtable Discussion

12 - 3 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

This is an informal session for public transit agency attorneys to introduce themselves and share information and strategies for handling legal issues facing their agencies. Come with questions, ideas, and news about the legal challenges your agencies have asked you to solve.
 
(The roundtable discussion is intended as a forum for transit agency attorneys and their outside counsel to exchange information in a non-attribution, confidential setting.)
 
Facilitator
  • Marla L. Lien, Member, APTA Board of Directors; Chair, Legal Affairs Committee; Partner, Kaplan Kirsch & Rockwell LLP, Denver, CO

Harnessing Data to Benefit the Transit Agency: Real Time, Fare Media, Ridership, and More

3 - 4 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Transit agencies have a valuable asset - data. We will demystify the concept of data for transit attorneys with the goal of understanding what data a transit agency collects and what an agency can do with that data. This session will help transit attorneys spot the legal pitfalls in sharing and acquiring data to better negotiate contract terms that protect and give agencies control of their data. We will tackle the ways a legal team can up its technology game to benefit transit agencies!
  
Moderator
  • Jenifer M. Ross-Amato, Deputy General Counsel, Regional Transportation District, Denver, CO
Panelists
  • Erik Van Hagen, Senior Deputy General Counsel, Tri-County Metropolitan Transportation District of Oregon (TriMet), Portland, OR
  • Curt Thye, Director of Sales- Midwest, StreetLight Data, Inc., San Francisco, CA
  • Ryan Croft, COO, TransitScreen, San Francisco, CA

FTA Chief Counsel Session

4 - 5 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

FTA’s Acting Chief Counsel will provide a retrospective summary of significant FTA actions in 2017 and a preview of what’s on the horizon in 2018.
  
Speaker
  • Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC

Opening Reception

6 - 7 p.m.
Wexler Garden, Between Buildings 6 and 7, Riviera Palm Springs

Sponsored by Kaplan Kirsch & Rockwell
company logo
 

Monday, February 26

Continental Breakfast

7:30 - 8:30 a.m.
El Dorado Patio, Desert Conference Center, Riviera Palm Springs

Registration

8 a.m. - 3 p.m.
DCC Foyer, Desert Conference Center, Riviera Palm Springs

Transit Agency Legal Office Management & General Counsel Goals and Performance - Best Practices

8:30 - 10 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Whether you are a law office of one, or have a department of 30 attorneys, managing your law practice efficiently and effectively is critical to your success as general counsel. This session will provide you with “best practices” for law office management from a variety of perspectives, including small office, large office, and managing as outside general counsel. Additionally, you will be given ideas for how to effectively share your general counsel goals and performance with your GM/CEO or board of directors.
 
Moderator
  • Tim Spangler, Chief Counsel, Sacramento Regional Transit District, Sacramento, CA
Panelists
  • Dana A. Henderson, General Counsel, Pierce County Public Transportation Benefit Area Authority Corporation (Pierce Transit), Lakewood, WA
  • James Sanchez, Senior Counsel, Lozano & Smith, Fresno, CA
  • Kimon Manolius, Partner, Hanson Bridgett LLP, San Francisco, CA

Role of General Counsel in Closed and Open Sessions

10 - 11 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Working with the CEO, board of directors, management, and even sometimes outside counsel can present challenges and opportunities in your board and committee meetings. This session is designed to provide meaningful insight and information related to the duties, roles, and responsibilities of general counsel in closed and open sessions.
  
Moderator
  • Bonnie Prosser Elder, General Counsel / Senior Vice President Legal, VIA Metropolitan Transit, San Antonio, TX
Panelists
  • Rolf G. Asphaug, Deputy General Counsel, Regional Transportation District, Denver, CO
  • Jayme L. Blakesley, General Counsel, Utah Transit Authority, Salt Lake City, UT

Break (pick up lunch)

11 - 11:15 a.m.
DCC Foyer, Desert Conference Center, Riviera Palm Springs

Working Lunch

11:15 a.m. - 12 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Lauren Skivers is the CEO of SunLine Transit Agency that provides bus service to the greater Palm Springs Area. She will discuss new technologies, environmentally friendly practices and procurements, and service issues and challenges among a diverse resident and visitor population.
 
Sponsored by Hanson Bridgett, LLP 
company logo 
  
Guest Speaker
  • Lauren Skiver, CEO/General Manager, SunLine Transit Agency, Thousand Palms, CA

Security Session: Update on Physical & Cyber Security Developments

12 - 1:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

The physical and cyber threats and actual intrusions faced by transit agencies requires vigilance, preparation, an emergency response plan with the capability to act quickly, and ongoing proactive training. Nevertheless, the skill of those who seek to breach security and seemingly daily improvements in technology make the challenges of the agency more difficult. Lawyers play a critical role in the agency's comprehensive security program.
  
Moderator
  • Bruce M. Smith, Member, Apperson Crump PLC, Memphis, TN
The Golden Gate Bridge Security Breach
  • Kimon Manolius, Partner, Hanson Bridgett LLP, San Francisco, CA
Dealing with A Ransomware Attack—The Muni Experience
  • Susan Cleveland-Knowles, Deputy City Attorney, City Attorney's Office, City & County of San Francisco, San Francisco, CA
Federal Oversight of Transit Security
  • Bonnie Graves, Attorney Advisor, Office of Chief Counsel, Federal Transit Administration, San Francisco, CA
Security Sensitive Information & Practice Pointers as to Cyber Security Issues
  • Catherine J. Groves, Associate, Hanson Bridgett LLP, San Francisco, CA

Detroit Department of Transportation: A Case Study in Procurement and Civil Rights Challenges

1:30 - 2:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

In 2013 the City of Detroit declared bankruptcy, making it the largest-ever municipal bankruptcy filing. Because of budget cuts, the Detroit Department of Transportation (DDOT) had to pare back its service by as much as 50%. In addition, the Federal Transit Administration (FTA) raised alarm bells about DDOT’s procurement practices, which led FTA to put draw-down restrictions in place.
 
Hear from DDOT, FTA, staff about how DDOT was able to turn things around to increase its on-time performance, improve procurement practices, and exceed federal standards for bus maintenance.
  
Moderator
  • Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
Panelists
  • Angelica Jones, Deputy Director, Detroit Department of Transportation, Detroit, MI
  • Nancy-Ellen Zusman, Assistant Chief Counsel for Litigation and Regional Operations, Federal Transit Administration, Chicago, IL

P3s/Infrastructure Development

2:30 - 3:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Best practice for major transportation infrastructure projects now often includes consideration of public-private partnerships (P3s) and similar alternative project delivery methods alongside more traditional approaches. Panelist will discuss current legal and commercial issues relevant to practitioners who are involved in, or asked to consider, the use of P3s and similar approaches. Particular attention will be given to recent federal rulemaking, including the FTA’s proposed Private Investment Project Procedures (PIPP) and various environmental review streamlining initiatives, the evolution of the USDOT credit programs, potential new federal legislation, and lessons learned from recent and ongoing U.S. public transit and rail projects using a P3 approach. 
 
Moderator
  • Adam Giuliano, Partner, Kaplan Kirsch Rockwell, New York, NY
Panelists
  • Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
  • Fred Wagner, Partner, Venable, LLP, Washington, DC
  • Colin F. Peppard, Manager-Outreach and Strategic Relationships, Office of Extraordinary Innovation, Los Angeles County Metropolitan Transportation Authority, Los Angeles, CA

Break

3:30 - 3:45 p.m.
El Dorado Patio, Desert Conference Center, Riviera Palm Springs

Sponsored by Venable, LLP
company logo

Collaboration Between Transit Agencies and Transportation Network Companies: Opportunities and Challenges

3:45 - 4:45 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Panelists from a Transportation Network Company (TNC) and two transit agencies (that have successfully initiated pilot programs) will address legal and operational challenges to the collaborations, how those challenges were resolved for the pilots, and the potential to continue the benefits of the pilots through long-term implementation.
   
Moderator
  • Kathleen E. Kraft, Partner, Thompson Coburn LLP, Washington, DC
Panelists
  • Ted Mariscal, Assistant City Attorney, City of Phoenix, Phoenix, AZ
  • Bonnie Graves, Attorney Advisor, Office of Chief Counsel, Federal Transit Administration, San Francisco, CA
  • Paige Tsai, Senior Associate, Uber Technologies Inc., New York, NY

Reception - Palm Springs Art Museum

5:30 - 7:30 p.m.

Sponsored by Thompson Coburn, LLP
company logo
 

Tuesday, February 27

Continental Breakfast

7:30 - 8:30 a.m.
El Dorado Patio, Desert Conference Center, Riviera Palm Springs

Legal Affairs Committee Meeting

8 - 9 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs
Chair, Marla L. Lien
 

Registration

8:30 - 11 a.m.
DCC Foyer, Desert Conference Center, Riviera Palm Springs

Labor & 13c Panel

9 - 10 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

The labor panel will address two issues of interest – contracting and bargaining. Panelists will discuss the contracting of rail operations to improve service efficiencies and the challenge made under section 13(c) labor protection in the transition of contractors, culminating in an arbitration award. On the bargaining side, panelists will present one transit authority’s experience and innovative approach using financial incentives in collective bargaining agreements.
  
Moderator
  • Jane Sutter-Starke, Partner, Thompson Coburn LLP, Washington, DC
Panelists
  • William R. Moseley, Of Counsel, Jackson Lewis, Jacksonville, FL
  • Cleveland Ferguson, III, Vice President of Administration, Jacksonville Transportation Authority, Jacksonville, FL
  • Lori Winfree, General Counsel, North County Transit District, Oceanside, CA

FTA’s Top Ten Triennial Review Findings

10 - 11 a.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Been through a Triennial Review recently? Expecting one soon? The panelists will provide insights from the perspective of both the FTA and the agency on how to prepare for a Triennial Review, what to expect, and how, perhaps, to help prevent an agency from receiving a particular finding.
  
Moderator
  • Robin M. Reitzes, Deputy City Attorney, City Attorney's Office, San Francisco, CA
Panelists
  • Scott Giering, Acting Director, Office of Program Oversight, Federal Transit Administration, Washington, DC
  • Micah M. Miller, Regional Counsel, Region 4, Federal Transit Administration, Atlanta, GA
  • Rolf G. Asphaug, Deputy General Counsel, Regional Transportation District, Denver, CO

Break

11 - 11:15 a.m.
El Dorado Patio, Desert Conference Center, Riviera Palm Springs

Co-sponsored by Apperson Crump PLC
company logo

Rail Session: The Times They Keep a' Changin'…

11:15 a.m. - 12:15 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Railroads may have been the first industry to have its own regulatory agency in 1887, but constant changes in operations, technology, and safety regulations have kept the professionals in the rail industry focused on the evolving regulatory environment and on the need for making substantial improvements in aging infrastructure to keep pace with increasing demand. The panelists will discuss: issues presented by implementation and operation of the new commuter rail lines in Denver; the continuing debate created by the FRA’s system safety plan rule that imposes regulatory responsibilities and burdens on states that provide financial support for short distance intercity rail passenger service; and on the continuing efforts to satisfy the 2008 statutory mandate to create metrics for on-time performance for Amtrak services that use freight rail carriers’ networks.
  
Moderator
  • Allison I. Fultz, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Panelists
  • Jenifer M. Ross-Amato, Deputy General Counsel, Regional Transportation District, Denver, CO
  • Justin J. Marks, Attorney, Nossaman LLP , Washington, DC
  • Steven Osit, Associate, Kaplan Kirsch & Rockwell LLP, Washington, DC

Ethics & Professional Responsibility

12:15 - 1:15 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs

Agency attorneys are regularly called upon to conduct internal investigations of agency matters and/or agency personnel. The dynamics change significantly when the agency is the subject of an external investigation—and so do the duties and professional responsibilities of the agency’s lawyers (both in-house and outside counsel).  
 
Part 1: Discusses the agency’s general counsel’s responsibilities to the agency, and duties involving both the agency’s response to the external investigation and as to the agency’s internal investigation. Significant conflict of interest issues arise. Agency personnel involved in or the subject of the external investigation may request representation by the agency or at the expense of the agency. In most instances, the investigation arrives with little or no notice, events break rapidly, the landscape changes frequently, and invariably the agency and its attorneys must make many significant decisions very quickly.

Part 2: Addresses post-governmental employment ethics issues for attorneys. A lawyer who leaves federal, state, or local government service and becomes employed by a law firm, a state, local government, or a consultant, the limitations on using information learned in government service or as part of one’s government employment for the benefit or as part of one’s private sector employment creates boundaries that are hard to define and difficult to apply. Notwithstanding any “quiet period” imposed by federal or state law, the issues arise and recur years after the lawyer changed from public sector employment to private sector employment—particularly as to P3s, other innovative financing projects and environmental reviews/studies. While many of the problems are fact specific, the presenters will discuss frequently occurring issues and practical solutions.
  
Presenters
  • Bruce M. Smith, Member, Apperson Crump PLC, Memphis, TN
  • Fred Wagner, Partner, Venable, LLP, Washington, DC

Closing Session

1:15 - 1:30 p.m.
El Dorado Room, Desert Conference Center, Riviera Palm Springs
Facilitator
  • Marla L. Lien, Member, APTA Board of Directors; Chair, Legal Affairs Committee; Partner, Kaplan Kirsch & Rockwell LLP, Denver, CO
Copyright © 2018 American Public Transportation Association
1300 I Street NW
Suite 1200 East
Washington, DC 20005
Telephone (202) 496-4800 | Fax (202) 496-4324
Logo Usage | Staff Intranet