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American Public Transportation Association

 Program at-a-glance

 

Sunday, February 24

Continental Breakfast

7:30 - 8:15 a.m.
Empire A Foyer, 2nd Floor, Hyatt Regency New Orleans

Sponsored by Transdev North America

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Welcome and Overview

8 - 8:15 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

 
Welcome
  • Anthony A. Anderson, Member, APTA Board of Directors; Chair, Legal Affairs Committee; Partner, Thompson Coburn LLP, Washington, DC

Registration

8 a.m. - 3 p.m.
Empire A Foyer, 2nd Floor, Hyatt Regency New Orleans

Conversation with FTA's Acting Chief Counsel

8:15 - 9:30 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

FTA’s Acting Chief Counsel will provide a retrospective summary of significant FTA actions in 2018 and a preview of what’s on the horizon in 2019.
 
Presenter
  • Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC

TRACK 2 - Legislative Update

9:30 - 10 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

A review of current and potential legislative activity affecting the public transportation industry. The midterm elections brought many new faces to Congress and further emphasized the necessity of bipartisan solutions to get things done. Infrastructure funding and authorization legislation will be major topics in the 116th Congress, and APTA will continue to advocate for policies that advance public transportation and benefit the country.
 
Presenter
  • Markus Hybner, Sr. Legislative Representative, American Public Transportation Association, Washington, DC

TRACK 1 - Legal 101/The Basics: Procurement, Grants, Buy America

9:30 - 11:30 a.m.
Bolden 5, 2nd Floor, Hyatt Regency New Orleans

PROCUREMENT: Procurement Basics for New General Counsel: What is General Counsel’s role in transit agency procurements and how can General Counsel best assist a transit agency in carrying out this important function?
 
GRANTS: FTA Grants and What Attorneys Should Know About Them: What grants are available, what they’re for, how to get them, and what requirements attach to them.
 
BUY AMERICA: Buy America ensures FTA grantees’ federally-assisted contracts to support U.S. manufacturing jobs. But that is easier said than done. What requirement applies - 100%, 70%, 60%? And, how does 100% equal less than everything? Buy America 101 will demonstrate the framework for applying the many Buy America standards to your client’s procurements, ensuring compliance, and finding the answers to the inevitable grey area issues that land on your desk.
 
PROCUREMENT
Moderator
  • Steve D. Miller, Partner, Hanson Bridgett LLP, San Francisco, CA
Panelists
  • Samantha Leslie, Staff Attorney-Regulatory Compliance, San Diego Metropolitan Transit System (MTS), San Diego, CA
  • Nicole Witt, Attorney, Hanson Bridgett LLP, San Francisco, CA
GRANTS
Moderator
  • Robin M. Reitzes, Deputy City Attorney, City Attorney's Office, San Francisco, CA
Panelists
  • Timothy Manglicmot, Manager, Budget and Analysis, San Francisco Municipal Transportation Agency (Muni), San Francisco, CA
  • John P. Lynch, Regional Counsel, Region VIII, Federal Transit Administration , Denver, CO
BUY AMERICA
Presenter
  • James P. LaRusch, Secretary, Standards Development Oversight Council; Vice Chair, Business Member Programs Committee; Corporate Counsel, Raul V. Bravo + Associates, Inc., Reston, VA

TRACK 2 - To Lead or Not to Lead (but “Just Manage”): That is the Question

10:15 - 11:30 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

The ability to inspire, motivate, and retain engaged, productive colleagues is not magic, but it does take understanding yourself, others, and certain basic principles of successful leadership. Hear from the “Best of the Best” lawyer leaders on tips and strategies for leading your legal office from “ho-hum” to “AWEsome!”
 
Moderator
  • Shelley Devine, General Counsel, Tri-County Metropolitan Transportation District of Oregon (TriMet), Portland, OR
Panelists
  • Jayme Blakesley, Partner, Hayes Godfrey Bell, P.C., Salt Lake City, UT
  • Eva Kripalani, Co-Founder, Office of General Counsel Network LLC, Portland, OR
  • Mary VanderWeele, Vice President of Strategic Initiatives, Chief Administrative Office, NIKE, Inc. , Beaverton , OR

Working Lunch: Roundtable Discussion

11:30 a.m. - 1 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

The roundtable discussion is intended as a forum for transit agency attorneys and outside counsel or consultants for transit agencies to exchange information in a non-attribution, confidential setting.
 
Facilitator
  • Anthony A. Anderson, Member, APTA Board of Directors; Chair, Legal Affairs Committee; Partner, Thompson Coburn LLP, Washington, DC

Labor Panel – Collective Bargaining, 13(c), and the Janus Case

1 - 2:30 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

The labor panel will feature speakers on a variety of issues including the Supreme Court’s Janus decision on public employees’ union dues, perspectives of a transit services contractor on bargaining, and a primer and updates on section 13(c) labor protection.
 
Panelists
  • Jane Sutter-Starke, Partner, Thompson Coburn LLP, Washington, DC
  • Patricia A. Day, Senior Director for Labor Relations, Transdev North America, Moosic, PA
  • Cliff Godiner, Partner, Thompson Coburn LLP, St. Louis, MO

Break

2:30 - 2:45 p.m.
Empire A Foyer, 2nd Floor, Hyatt Regency New Orleans

Sponsored by Jackson Lewis PC 
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Alternate Modes of Transportation

2:45 - 3:30 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

This session will feature two presentations on growing developments in the world of public transit. The first presentation will focus on the growing provision of public commuter ferry transportation and some of the issues with such specialized service that are of interest to all public transit attorneys. The second presentation, titled “Smart cities and smart transit agencies,” will focus on autonomous vehicles and issues regarding who should collect and control data, whether government agencies are best-positioned to gather and disseminate user data, or whether independent bodies are best positioned to serve as a clearinghouse for shared data. Legal issues such as privacy, liability, and control of intellectual property rights will be discussed.
 
Presenters
  • Steve D. Miller, Partner, Hanson Bridgett LLP, San Francisco, CA
  • Michael N. Conneran, Partner, Hanson Bridgett LLP, San Francisco, CA

Clean Transportation: Electric Buses

3:30 - 4:30 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

This session will discuss zero emission bus projects, including regulatory, contract and performance issues that should be taken into consideration. Panelists will describe best practices for evaluating how zero emission buses can fit into your agency’s operations, and identify performance issues that legal counsel may need to consider when drafting various contracts and advising your clients about the full cost and impact of a zero emission bus project. An update on California’s new Innovative Clean Transit Regulation will also be provided.
 
Moderator
  • Karen Landers, Vice Chair, Legal Affairs Committee; General Counsel, San Diego Metropolitan Transit System (MTS), San Diego, CA
Panelists
  • Dan Raudebaugh, Executive Director, Center for Transportation and the Environment, Atlanta, GA
  • Bill Spraul, Chief Operating Officer, Bus, San Diego Metropolitan Transit System (MTS), San Diego, CA

Legal Affairs Committee Meeting

4:45 - 5:15 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans
Chair, Anthony A. Anderson


Break

5:15 - 6 p.m.
Empire A Foyer, 2nd Floor, Hyatt Regency New Orleans

Opening Reception

6 - 8 p.m.
Empire C, 2nd Floor, Hyatt Regency New Orleans

Sponsored by Kaplan Kirsch and Rockwell 
 
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Monday, February 25

Continental Breakfast

7:30 - 8:15 a.m.
Empire A Foyer, 2nd Floor, Hyatt Regency New Orleans

TRACK 1 - Legal 101/The Basics Continued: Rail

8:15 - 8:45 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

In this continuation of the primer on “the basics” of the legal structures that affect the transit industry, the panelists will walk through the key issues that inform the regulatory structure and the agencies affecting railroads – the ICC Termination Act of 1995 and the Surface Transportation Board that it created to replace the ICC, the federal rail safety acts and the Federal Railroad Administration, the Railway Labor Act and the Railroad Retirement system, and some key issues that arise under that regulatory and statutory regime, with emphasis on preemption and quiet zones. All of this in ½ hour! Come one, come all!
 
Moderator
  • Charles A. Spitulnik, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Panelists
  • Michael N. Conneran, Partner, Hanson Bridgett LLP, San Francisco, CA
  • Eric M. Hocky, Partner, Clark Hill PLC, Philadelphia, PA

Rail Session: Modernizing the Passenger Rail System Requires Playing the Long Game

8:45 - 10 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Over ten years has passed since Congress endorsed legislation to improve Amtrak on-time performance and mandated passenger and freight railroads to implement Positive Train Control safety technology, but neither measure has been fully implemented. The Class I Railroads’ attempt to strike down the Amtrak on-time performance law has resulted in a circuitous journey through the DC Circuit, but that journey may be nearing an end. Meanwhile, many railroads have implemented Positive Train Control, but most will have availed themselves to one last extension. Although these efforts to improve Amtrak on-time performance and railroad safety are getting closer to full implementation, additional delays may yet occur.
 
In Texas, private developers of a high-speed rail line between Houston and Dallas certainly understand how to play the long game as they attempt to introduce Japanese high-speed rail technology into the United States.
 
Moderator
  • Charles A. Spitulnik, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
Panelists
  • Stephanie Anderson, Attorney-Adviser, Federal Railroad Administration, Washington, DC
  • Allison I. Fultz, Partner, Kaplan Kirsch & Rockwell LLP, Washington, DC
  • Justin J. Marks, Attorney, Nossaman LLP , Washington, DC
  • Jennifer Hu, Director-Railroad Legal & Regulatory Affairs, Texas Central High-Speed Railway, LLC, Washington, DC

Navigating the Buy America Landscape – New Technologies, Vehicles, and Tariffs

10:15 - 11:15 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Just when you thought you knew your way around Buy America, the map has changed. Accounting for new, expensive, and usually foreign technology has brought renewed emphasis into the always elusive definition of component and subcomponent ‘manufacturing.’ Evolving systems such as vehicle components, tariffs, and trade protection legislation have further changed the landscape. You’ll need a map just to find your next bus!
  
Moderator
  • James P. LaRusch, Secretary, Standards Development Oversight Council; Vice Chair, Business Member Programs Committee; Corporate Counsel, Raul V. Bravo + Associates, Inc., Reston, VA
Panelists
  • Steven S. Policar, Superintendent, Transit Fleet Contract Management Group, King County Metro , Seattle, WA
  • Emmanuelle Toussaint, Vice President Legal, Regulatory and Public Affairs, Nova Bus, Plattsburgh, NY

Lunch

11:15 - 11:45 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Sponsored by Hanson Bridgett LLP

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Transit in Uncertain Times and the Role of Legal Counsel

11:45 a.m. - 12:45 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

A conversation with the President and CEO of the Chicago Transit Authority, Dorval Carter, and the New Orleans Regional Transportation Authority Vice President, Justin Augustine, regarding how they are handling the uncertainties of funding, infrastructure and procurement challenges in this administration.  Each will highlight specific challenges they are facing and how legal counsel is helping them navigate these shifting realities.
  
Guest Speakers
  • Justin T. Augustine, III, Chief Executive Officer, Regional Transit Authority, New Orleans, LA
  • Dorval R. Carter, Jr., Member, APTA Executive Committee; President, Chicago Transit Authority, Chicago, IL

TOD Joint Development Projects and P3s

12:45 - 1:45 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

P3s as Instruments of Public Policy: Opportunities for Joint Development, TOD, Intermodal Connectors and Innovation Alternative structures for involving the private-sector in major transit project delivery, often broadly referred to as public-private partnerships (P3s), promise the opportunity for improvements relative to the status quo – improved risk allocation, improved quality, improved outcomes. Any offered improvements should however be measured against public policy objectives to ensure project delivery methods and public goals align. This panel will discuss current legal and commercial issues in using P3s to deliver projects that align with prominent transit public policy goals, such as the encouragement of TOD and joint development, the establishment of intermodal connectors, and the delivery of innovation in all its forms.
 
Moderator
  • Suzanne Silverman, Partner, Kaplan Kirsch Rockwell, New York, NY
Panelists
  • Dana Nifosi, Acting Chief Counsel, Federal Transit Administration, Washington, DC
  • Adam Giuliano, Partner, Kaplan Kirsch Rockwell, New York, NY
  • T. Byron Smith, Assistant Attorney General and Principal Counsel, Maryland Transit Administration, Baltimore, MD

Break

1:45 - 2 p.m.
Empire A Foyer, 2nd Floor, Hyatt Regency New Orleans

Sponsored by Apperson Crump, PLC

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Ethics – 2 Hot Topics for the Price of 1

2 - 3:30 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

The Role of General Counsel and Staff Attorneys with the Executive Director:  
General Counsel and Staff Attorneys have regular and ongoing contacts with the Executive Director on a wide range of legal matters. However, the frequently the client is not the Executive Director—a governing board, municipality, county or regional authority. The Executive Director may ask counsel for advice on policy matters; request or “order” counsel to keep certain communications confidential; ask counsel for advice on matters outside the scope of counsel’s engagement or authority; or direct counsel to develop a legal basis or justification as to a matter which is the prerogative or right of the client (not the Executive Director). We’ll examine real world problems and discuss solutions.

Crisis Management 101 for the Transit Lawyer:
Maintaining Your Professional Ethics in the Midst of a Crisis: Your client finds itself in the midst of a media and political firestorm. Reporters are seeking comment; politicians are calling for resignations; and scandal could lead to potential liabilities. While everyone in and around the Agency seems to be losing their cool, you as their legal counsel must bring order to the situation—and under tight time constraints with ever evolving factual circumstances. As events unfold by the hour, you need to provide sound advice under pressure, but you also must never forget your ethical responsibilities. Important issues to be covered include managing client confidences, the possible need to disclose illegal activity, remembering who you represent (and don’t represent), and the obligation to provide zealous representation. The presenters will examine and give examples of what the Rules of Professional Conduct permit a lawyer to say to the ever present and demanding media. The Rules of Professional Conduct may not get your client out of hot water, but they will keep you out of it.
 
Presenters
  • Bruce M. Smith, Member, Apperson Crump PLC, Memphis, TN
  • Fred Wagner, Partner, Venable, LLP, Washington, DC

Guns on Transit

3:30 - 4:30 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

What happens when a passenger shows up with a firearm on your bus, train, or ferry? We will analyze the implications of the Second Amendment and federal/state laws on transit passenger safety policies and procedures. Our distinguished panelists will share examples of real life situations in California and Texas, and the approaches used by their agencies.
 
Moderator
  • Madeline Chun, Esq., Partner, Hanson Bridgett LLP, San Francisco, CA
Panelists
  • Matthew Burrows, General Counsel, San Francisco Bay Area Rapid Transit District (BART), Oakland, CA
  • Kerri Butcher, Chief Counsel, Capital Metropolitan Transportation Authority, Austin, TX
  • Bonnie Prosser Elder, General Counsel / Senior Vice President Legal, VIA Metropolitan Transit, San Antonio, TX
  • Nicole Witt, Attorney, Hanson Bridgett LLP, San Francisco, CA

Special Event Reception

5 - 7 p.m.

Kushner Restoration Pavilion
National WW II Museum
940 Magazine Street, New Orleans, LA
 
Sponsored by Thompson Coburn, LLP 
 
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Tuesday, February 26

Continental Breakfast

7:30 - 8:30 a.m.
Empire A Foyer, 2nd Floor, Hyatt Regency New Orleans

Legal Affairs and Risk Management: Why Are We Here Together?

8:30 - 9 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Legal Affairs and Risk Management Joint Session

Remarks
  • Paul P. Skoutelas, President and CEO, American Public Transportation Association, Washington, DC
  • Anthony A. Anderson, Member, APTA Board of Directors; Chair, Legal Affairs Committee; Partner, Thompson Coburn LLP, Washington, DC
  • James Keane, Vice Chair, Risk Management Committee; General Manager, Operations Safety, Port Authority of NY & NJ, Jersey City, NJ

Sexual Harassment: Leadership in the #MeToo Era

9 - 10:30 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Legal Affairs and Risk Management Joint Session

This interactive session will ignite an engaging conversation on the opportunities for legal and risk management professionals in the #MeToo era. Diana Wagner-Hilliard, Director EEO & Workforce Diversity for Bi-State Development Agency, will discuss how you can ensure your organization knows the risks of a harassment complaint, as well as how to effectively identify, investigate, and respond.
 
Moderator
  • Jenifer M. Ross-Amato, Secretary, Legal Affairs Committee; Deputy General Counsel, Regional Transportation District, Denver, CO
Presenters
  • Diana Wagner-Hilliard, J.D., Director EEO & Workforce Diversity, Bi-State Development Agency, St. Louis, MO
  • Teri R. Fisher, CEO & Managing Partner, Insight Strategies, Inc., Torrance, CA
  • James N. Foster, Jr., Partner, McMahon Berger, St. Louis, MO

Insurance and Risk Management: Litigation, Investigation & Public Disclosures

10:30 - 11:30 a.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Legal Affairs and Risk Management Joint Session

Break

11:30 - 11:45 a.m.
Empire A Foyer, 2nd Floor, Hyatt Regency New Orleans

Luncheon Keynote: Cyber Security Risk, Mitigation and Insurance

11:45 a.m. - 1:15 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Legal Affairs and Risk Management Joint Session

Cyber risk management information is important to surface transportation operators because cybersecurity threats are real, and they can have real consequences for an organizations' operations and profitability. Listen to cybersecurity best practices and insurance trends.
 
Moderator
  • Kenneth Reed, ARM-P, AIC, Secretary, Risk Management Committee; Director of Risk Management, Ohio Transit Risk Pool, Wadsworth, OH
Keynote Speaker
  • Marlene Brehm, Senior Vice President, Sales & Marketing, @RISK (At Risk) Technologies, Dallas, TX
Panelists
  • Sean O'Brien, President & CEO, @RISK (At Risk) Technologies, Dallas, TX
  • Chris Mee, J.D., Assistant Vice President and Team Leader, Cyber Solutions Group, AON Risk Services, Chicago, IL

Closing Remarks from Legal Affairs Committee Chair

1:15 - 1:30 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Legal Affairs and Risk Management Joint Session

 
Remarks
  • Anthony A. Anderson, Member, APTA Board of Directors; Chair, Legal Affairs Committee; Partner, Thompson Coburn LLP, Washington, DC

Opening Remarks and Welcome from Risk Management Committee Chair

1:45 - 2 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Risk Management Seminar Session

 
Remarks
  • Mark A. Emmons, Chair, Risk Management Committee; Director of Safety, Training & Security, Indianapolis Public Transportation Corporation (IndyGo), Indianapolis, IN

ADA Update

2 - 3 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Risk Management Seminar Session

The purpose of the ADA law is to make sure that people with disabilities have the same rights and opportunities as everyone else and that applies to public buses and rail transit systems. Learn what you need to know so that you can abide by ADA requirements.
 
Moderator
  • Brian Clem, Risk and Safety Manager, Indianapolis Public Transportation Corporation (IndyGo), Indianapolis, IN
Guest Speaker
  • David Knight, Trial Attorney, Civil Rights Division, U.S. Department of Justice, Washington, DC

Bus Operator Assaults

3 - 4:30 p.m.
Empire A, 2nd Floor, Hyatt Regency New Orleans

Risk Management Seminar Session

Not a week goes by that we don't hear stories about bus operators and other transit workers being yelled at, spit on, and punched by customers. This panel will help you find resources and information about preventing attacks on transit workers.
 
Moderator
  • Mark A. Emmons, Chair, Risk Management Committee; Director of Safety, Training & Security, Indianapolis Public Transportation Corporation (IndyGo), Indianapolis, IN
Panelists
  • Lisa Staes, Chair, Bus Safety Committee; Director, Transit Safety and Workforce Development Programs, Center for Urban Transportation Research/College of Engineering, Tampa, FL
  • Kevin P. Gaddis, Deputy Chief, Patrol Operations Bureau, Metro Transit Police, Washington Metropolitan Area Transit Authority, Washington, DC
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