The 2023 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 2023 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.
Wednesday, April 26
More details will be sent to EC members directly.
Wednesday, April 26 – 4 p.m. – 7:30 p.m.
Thursday, April 27 – 7:30 a.m. – 2:30 p.m.
Friday, April 28 – 7:30 – 1:00 p.m.
Saturday, April 29 – 7:30 – 12:30 p.m.
Thursday, April 27
Wednesday, April 26 – 4 p.m. – 7:30 p.m.
Thursday, April 27 – 7:30 a.m. – 2:30 p.m.
Friday, April 28 – 7:30 – 1:00 p.m.
Saturday, April 29 – 7:30 – 12:30 p.m.
Christopher Kelly, TLA President, Partner, Gallivan, White & Boyd, P.A., Charlotte, North Carolina, United States
Kristen Johnson, 2023 Annual Conference Program Co-Chair, Chief Legal Officer, Cargomatic, Clearwater, Florida, United States
Stevan Baxter, 2023 Annual Conference Program Co-Chair, Member, Skoubye Nielson & Johansen, LLC, Salt Lake City, Utah, United States
Robin Squires, CTLA President, Partner, Bordon Ladner Gervais LLP, Toronto, Ontario, Canada
Trade wars and a pandemic are sweeping across the galaxy. The Empire’s ships have sailed from their eastern bases resulting in Withhold Release Order and a Food and Drug Administration (FDA) hold. Millions of dollars in demurrage and detention mount as the rebel importers suffer at the hands of the Empire, U.S. Customs Border and Protection, and the FDA. The rebels are hoping for reinforcements from the Ocean Shipping Reform Act 2022 and the Federal Maritime Commission.
Moderators:
Peter Quinter, Shareholder, Gunster, Miami, Florida, United States
Cameron Roberts, Partner, Roberts & Kehagiaras LLP, Long Beach, California, United States
Panelists:
Rui Fernandes, Partner, Gardiner Roberts LLP, Toronto, Ontario, Canada
David Sarrasin, Assistant Director of Field Operations for Trade, San Diego, California, United States
Wilson Fisk is a force that even Dare Devil cannot seem to contain. Just as defense counsel assigned to a negligent hiring claim, no matter how hard Dare Devil tries to contain the criminal underworld, negligent hiring claims against brokers and shippers keep coming back. This session will explore a broker or shipper’s potential liability to a third-party motorist injured by the motor carrier during the transportation. We will focus on ways to navigate away from Wilson Fisks’ spies and the fine line between negligent selection and vicarious liability. Too little oversight can lead to liability for negligent selection, and too much control can give rise to liability as employer/master of truck driver. The attorneys at the law firm of Nelson and Murdock plan to present the perspectives of a broker, shipper, and insurer.
Moderator:
Steve Kennedy (playing- Karen Page), Regional Managing Partner- Mississippi, Wilson Elser Moskowitz Edelman & Dicker LLP, Jackson, Mississippi, United States
Panelists:
Lisa Reeves (playing – Dare Devil) Senior Partner, Reeves McEwing LLP, Philadelphia, Pennsylvania, United States
Hillary Booth (playing – Foggy/Nelson), Managing Partner, Booth, LLP, Los Angeles, California, United States
Be the hero, not a joker or villain, by better understanding insurance terminology and coverage and tying contract language to insurance coverage. Learn how to bridge gaps and avoid impasse in shipper-carrier, shipper-broker and broker-carrier agreements and make sure that your clients’ broker-carrier agreements are consistent with their obligations/liabilities to customers and that the contract supports (rather than nullifies) insurance coverage in the event of a loss or casualty. Use your super-powers to leverage insurance coverage with indemnification, additional insured, primary/secondary and/or contingent coverage provisions.
Moderator:
Matthew C. Koch, Shareholder, Marwedel, Minichello & Reeb, P.C., Chicago, Illinois, United States
Panelists:
Brett McGinnis, Executive Vice President, McGriff Insurance Services, Inc., Portland, Oregon, United States
Bryan Nelson, Partner, Taylor Johnson PL, Winter Haven, Florida, United States
Justin Olsen, VP Legal & Risk, England Logistics, Inc., Salt Lake City, Utah, United States
Over the years, Batman, a vigilante, and Superman, a hero, have appeared in many courtrooms as witnesses, defendants, and even lawyers. Using comic book covers and panels, Jim Dedman of Gallivan, White, & Boyd, P.A. (our own Chris Kelly’s partner in the opposite of crime) will explore what Bats and Supes can teach us about the law and legal procedure. Life imitates art, and we expect all participants will don their capes and join some of the great superheroes in comic-book history set the court record straight and deliver the justice the transportation industry works so hard to deserve.
Speaker:
Jim Dedman, Partner, Gallivan White Boyd, Charlotte, North Carolina, United States
Hot Topics in Canadian Transportation Law
AGENDA
- Supply Chain issues :
Detention and demurrage across Canada (emphasis on marine) Andrea Fernandes, Gardiner Roberts LLP - Truck and bus:
Electronic logging devices in commercial motor vehicles Jaclyne Reive, Miller Thomson LLP - Rail Update from Quebec:
Review of recent rail case law from Quebec, including the CP decision re Megantic Pascale De Meyer, Stein Monast - Bus:
Deregulation in Ontario and update on the situation in Canada Louis Amato-Gauci, Miller Thomson LLP
Obligatory electrification of school bus in Quebec Pierre-Olivier Dumas, Stein Monast - COVID:
COVID as an act of God in transportation contract Roger Watts, Lindsay LLP - Transportation-related employment issues:
Driver Inc. – ESDC and CRA crackdown Carole McAfee Wallace, Gardiner Roberts LLP
10 paid sick days under the Canada Labour Code Carole McAfee Wallace, Gardiner Roberts LLP
More information can be found on the Committee Meetings Tab
Friday, april 28
Wednesday, April 26 – 4 p.m. – 7:30 p.m.
Thursday, April 27 – 7:30 a.m. – 2:30 p.m.
Friday, April 28 – 7:30 – 1:00 p.m.
Saturday, April 29 – 7:30 – 12:30 p.m.
The TLA’s own Committee on Diversity, Equity and Inclusion is ready to brief our transportation member heroes on how micro-villains known as Microassaults, Microinsults, and Microinvalidations can undermine networking and professional relationships. Unchecked, they infect our surroundings with snubs and insults, whether intentional or unintentional, communicating hostile, derogatory, or negative messages to target persons. The Committee’s panel of in-house counsel will provide examples of micro aggressions and how they undermine professional relationships and infect workplaces. They will provide examples of microaggressions regularly experienced but no longer tolerated and explain the applicable rules of professional conduct. The panel will also explore ways to vanquish these micro-villains before they ruin relationships by strategically responding with indifference, diffusion, humor, or confrontation.
Moderator:
Beata Shapiro, Wilson Elser LLP, Boston, Massachusetts, United States
Panelists:
Margo O’Donnell, Partner, Benesch, Friedlander, Coplan & Aronoff LLP, Chicago, Illinois, United States
Christine Pham, Associate General Counsel, Cowen Systems, LLC, Indianapolis, Indiana, United States
Stephanie Penninger, Senior Director, Legal Counsel, RXO, Charlotte, North Carolina, United States
If you listen to Bruce Wayne tell it, Batman, and his defense of shippers and brokers presented with freight charge claims, is the White Knight in this story. But isn’t it true that Batman also collects freight charge claims? And why do we assume those collecting freight charges are the villains? Isn’t Joker just looking out for the motor carriers driven mad by non-payment? Isn’t Bane just looking to build a better Gotham for the unpaid Gothamites? Oh! The confusion and madness! Come hear about freight charges, collection and defense, from the villains themselves, with counterpoints and argument from the caped crusader. You ever dance with the devil in the pale moonlight?
Moderators:
Richard L. Grant, Esq., Grant Law, A Professional Law Corporation, 15375 Barranca Parkway, Suite A-208, Irvine, California, United States
Thomas C. Martin, Esq., Partner, Price, Meese, Shulman & D’Arminio P.C., Woodcliff Lake, New Jersey, United States
Panelists:
Craig Helmreich, President & Founder, Helmreich Law LLC, Fishers, Indiana United States
Edgar Davison, Esq., Owner/Attorney, Davison Law Firm, Memphis, Tennessee, United States
Sometimes the transportation industry faces challenges too great for any one company to contend against. When that happens, companies unite to form industry superhero teams, capable of saving the day with regulatory advocacy, government lobbying, and strategic litigation. Associational counsel are the leaders of the Justice League, surveying the landscape and coordinating the companies that comprise associations to protect the industry against significant threats. Learn how these Justice League leaders navigate the transportation industry helping to protect our clients and the world from threats that could destroy transportation humanity.
Moderator:
Greg Reed, Executive Director, National Star Route Mail Contractors Association Vienna, Virginia, United States
Panelists:
Callie Castillo, Shareholder, Lane Powell Seattle, Washington, United States
Hank Seaton, Partner, Seaton & Husk, LP Vienna, Virginia, United States
Chris McNatt, Partner, Scopelitis Garvin Light Hanson & Feary Los Angeles, California, United States
Our San Diego based colleagues know a thing or two about ethics. They will guide us in exploring Dr. Bruce Banner, a soft-spoken genius physicist who, when confronted with emotional stress, can transform into the raging Hulk at or against his will. The Transportation Lawyers Association is full of Superheroes who are regarded as having some of the highest professionalism and civility in the practice of law. But all of us have a Hulk inside…. This seminar will focus on how to prepare and remain professional, civil, and calm in the presence of Thanos the Supervillain opposing counsel and avoid our own Hulk transformation. Only you can impact your obligation to zealously protect and advocate for your client, within the bounds of the law, while maintaining a professional, courteous and civil attitude towards all persons. As TLA superheroes, do not let lack of preparation be your kryptonite and never let a Thanos change who you are.
Moderator:
Judson H. Price, Partner, Price Pelletier, LLP, San Diego, California, United States
Panelists:
Virginia L. Price, Partner, Price Pelletier, LLP, San Diego, California, United States
Hon. Joan M. Lewis (Ret.), – Judicate West Alternative Dispute Resolution Neutral, California, United States
More information can be found on the Committee Meetings Tab
Saturday, April 29
Wednesday, April 26 – 4 p.m. – 7:30 p.m.
Thursday, April 27 – 7:30 a.m. – 2:30 p.m.
Friday, April 28 – 7:30 – 1:00 p.m.
Saturday, April 29 – 7:30 – 12:30 p.m.
In this presentation, you will attend a full mock legal argument modeled after the briefing in California Trucking Association, Inc. v. Bonta to address California’s AB5 legislation; otherwise known as the ABC Test. Although the AB5 legislation is in California, the fundamental issues at play are national in scope. This roadmap offers key arguments as well as new strategies in support of federal preemption and beyond.
Moderators:
Joelle Nelson, Partner, Lewis Brisbois Bisgaard and Smith; Houston, Texas; United States
Billy Davis, Partner, Bovis, Kyle, Burch & Medlin, LLC; Atlanta, Georgia; United States
Panelists:
Kristen Johnson, Chief Legal Officer, Cargomatic; Clearwater, Florida; United States
Mark Barber, Shareholder, Baker Donelson, Atlanta, Georgia, United States
Corporate gamers will narrate as Fix-it Felix Jr. combats attempts by Wreck-it Ralph to pierce the corporate veil, working tirelessly to keep buildings/corporations from crumbling. The panel will teach us how to “level-up” by discussing the purpose and basis for corporate structure, assessing different forms of challenges to pierce the corporate veil, and teaching us how Felix should respond to said attempts. Discussion will include recent case law and applicable statutes, including but not limited to ADA/FAAAA preemption, jurisdiction, Federal Arbitration Act, and RICO.
Moderators:
Bradley A. Bertkau, Partner, Orleans Canty Novy LLC, Chicago, Illinois United States
Alexander C. Karcher, Of Counsel, Roetzel & Andress, LPA, Columbus, Ohio United States
Panelists:
Andria M. Beckham, Esq., Vice President, Legal, The Scotts Company LLC, Marysville, Ohio, United States
William D. Taylor, Esq., Partner, Hanson Bridgett, Sacramento, California, United States
Kenneth D. Sansom, Esq., Partner, Spotswood Sansom & Sansbury, Birmingham, Alabama United States
Vecna will use the Mind Flayer to his advantage to outsmart Eleven and her team to twist a simple collision into a Company trial by fire. This presentation by some of the most experienced defense attorneys in TLA will delve into combating efforts by plaintiff’s counsel to implement “Vecna’s playbook” by interjecting claims in trucking litigation to drive up the value of their cases. Motor carriers and their counsel will learn innovative strategies to prevent negligent entrustment, hiring, retention, or training claims from being a detonator for punitive damages in the wake of a trucking accident. The panel will also discuss the elements of each claim, defenses, discovery strategies, apportionment of fault issues, the impact of a motor carrier’s admission of vicarious liability, and other best practices. Upon completion you will have the power to close Vecna’s gate between worlds for good.
Moderator:
Chris Merrick, Shareholder, Flaster Greenberg, PC, Philadelphia, PA, United States
Panelists:
Clark Monroe, Partner, Dunbar Monroe, PLLC, Ridgeland, MS, United States
Patrick Foppe, Shareholder, Lashly & Baer, PC, St. Louis, MO, United States
Shannon King, Associate, Lashly & Baer, PC, St. Louis, MO, United States
This panel will discuss and explore the various legal, regulatory and contractual issues that arise from the interrelationship between freight brokers and motor carriers in daily shipping schematics. The panel will also review contract issues between brokers and carriers, including tips on contracting to protect the parties’ interests, and claims and litigation relating to such contracts; liability dynamics in catastrophic value freight loss and damage situations, freight charge disputes, and liability issues in high dollar casualty cases in which brokers and carriers are both named as defendants. Finally, the panel will provide background upon these various scenarios, report on recent legal developments in these areas, and also provide valuable practice pointers to minimize risk in these situations.
Moderator:
Jason Orleans, Contract Attorney Director, Coyote, Chicago, Illinois, United States
Panelists:
Eric Zalud, Partner, Benesch, Friedlander, Coplan & Aronoff LLP, Cleveland, Ohio, United States
Ashley Winsky, Partner, Gentry Locke, Roanoke, Virginia, United States