Sunday, February 10

Registration

Regency West Foyer

Roundtable Discussion

Regency Center 1/3

This session is intended to give participants an opportunity to exchange information on issues of interest to transit industry attorneys and to raise questions on issues not addressed in detail during the seminar.

Presiding Officer:

Robert Bergen, chair, APTA Legal Affairs Committee, and partner, K&L Gates LLP, New York, NY

Reception

Garden Terrace

Many thanks to our sponsor:

• Akerman Senterfitt
• Wickwire Gavin

Monday, February 11

Registration

Regency West Foyer

Breakfast

Regency West Foyer

Sponsors:

• Ballard Spahr Andrews & Ingersoll, LLP
• Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Welcome to San Antonio & Remarks

Regency Center 1/3

Chair’s Welcome and Remarks:
Robert Bergen, chair, APTA Legal Affairs Committee, and partner, K&L Gates LLP, New York, NY

Welcome:

John M. Milam, president/CEO, VIA Metropolitan Transit, San Antonio, TX

Welcome:

Reba Malone, committee member, American Public Transportation Foundation, APTA Board of Directors Past Chairs Committee and Business Member Board of Governors, Legislative Committee, board of directors, Texas Transit Association, and principal, Reba Malone and Associates, San Antonio, TX

Rulemaking & Case Law Update

Regency Center 1/3

Federal Transit Administration rulemaking under SAFETEA-LU and litigation across the nation has continued to reshape transit law.  This presentation will highlight those changes, including developments in Buy America and Charter Service.

Moderator:

Edward J. Gill, Jr., partner, Thompson
Coburn, LLP, Washington, DC

Speakers:

Richard Wong, attorney-advisor, Federal Transit Administration, Washington, DC

Bruce M. Smith, partner, Apperson, Crump and Maxwell, PLC, Memphis, TN

Nancy-Ellen Zusman, regional counsel, Region V, Federal Transit Administration, Chicago, IL

Dennis C. Gardner, attorney, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Houston, TX

Break

Regency West Foyer

FTA Chief Counsel Update

Regency Center 1/3

FTA’s chief counsel will update us on the key issues FTA envisions developing in the coming year and take your questions.

Speaker:

Severn E.S. Miller, chief counsel, Federal Transit Administration, Washington, DC

Americans with Disabilities Act (ADA) Issues Update

Regency Center 1/3

The U.S. Department of Transportation (DOT) continues to update its American with Disabilities Act (ADA) rules.  Our panel will discuss the status of various rulemaking efforts, guidance issued by DOT, and interpretations by FTA including level boarding and door-to-door paratransit service.

Moderator:

Todd A. Bromberg, partner, Wiley Rein LLP, Washington, DC

Speakers:

James G. Jones, legal counsel, Access Services, Inc., Oxnard, CA

Charles A. Spitulnik, partner, Kaplan, Kirsch & Rockwell LLP, Washington, DC

Patrisha Piras, principal, Pat Piras Consulting, San Lorenzo, CA

Richard Wong, attorney-advisor, Federal Transit Administration, Washington, DC

Creative Financing:  Prerequisites to Public-Private Partnerships

Regency Center 1/3

As the Highway Trust Fund dwindles, government at all levels seeks innovative ways to finance the robust transit program the public has come to expect.  Our panel will discuss the legal prerequisites necessary to take advantage of these 3P and 5P arrangements.

Moderator:

Kathryn H.S. Pett, partner, Ballard Spahr Andrews & Ingersoll, LLP, Salt Lake City, UT

Speakers:

Severn E.S. Miller, chief counsel, Federal Transit Administration, Washington, DC

Adrian R. King, Jr., partner, Ballard Spahr Andrews & Ingersoll, LLP, Salt Lake City, UT

Nancy Lowenthal, attorney, Office of the General Counsel, San Francisco Bay Area Rapid Transit District, Oakland, CA

Do the Right Thing

Regency Center 1/3

It is more than just ethics – our speaker will lead us through the most effective ways to ‘do the right thing.’

Speaker:

Michael P. Maslanka, partner, Ford & Harrison LLP, Dallas, TX

Break

Regency West Foyer

Sponsor:

          K&L Gates LLP

Defending Your Agency

Regency Center 1/3

Transit agencies large and small face potentially overwhelming tort claims, fraudulent claims aimed at their public ‘deep pockets,’ and other legal assaults.  Our panel will discuss how they manage and respond to these issues and how their methods can apply to your agency. 

Moderator:

Robert Bergen, chair, APTA Legal Affairs Committee, and partner, K&L Gates LLP, New York, NY

Speakers:

Martin B. Schnabel, vice president and general counsel, MTA New York City Transit, Brooklyn, NY

Bonnie Prosser Elder, general counsel, VIA Metropolitan Transit, San Antonio, TX

Mark Sullivan, deputy general counsel, Washington Metropolitan Area Transit Authority, Washington, DC

Rodeo

Join us at the San Antonio Stock Show and Rodeo, including dinner, rodeo tickets, and entertainment by country star Sara Evans. 

Sponsor:

• Kaplan Kirsch & Rockwell LLP

Tuesday, February 12

Registration

Regency West Foyer

Breakfast

Regency West Foyer

Sponsor:

• Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP

Legal Affairs Committee Business Meeting

Regency Center 1/3

Presiding Officers:

Robert Bergen, chair, APTA Legal Affairs Committee, and partner, K&L Gates LLP, New York, NY

Kenneth C. Scheidig, vice chair, APTA Legal Affairs Committee and general counsel, AC Transit (Alameda Contra-Costa Transit District), Oakland, CA

Lawyering in the Electronic Age

Regency Center 1/3

The legal world has never been as dependent on electronics as it is today.  Learn what you need to know in dealing with electronic discovery, metadata, and the rest of the electronic media world.

Moderator:

Hyattye Simmons, general counsel, Dallas Area Rapid Transit, Dallas, TX

Speakers:

Paul E. Ridley, partner, K&L Gates, Dallas, TX

David R. Cohen, partner, K&L Gates, Pittsburgh, PA

Break

Regency West Foyer

Procurement Standards

Regency Center 1/3

The FTA sponsored procurement standards effort has matured with several standards nearing completion and release.  Our panel will describe the evolving standards, how they will apply to transit practice, and how to get involved in creating the next standard.

Moderator:

Michael A. Gatje, attorney, Akerman Senterfitt Wickwire Gavin, Vienna, VA

Speakers:

Lonnie Mitchell, chief administrative services officer, Los Angeles County Metropolitan Transportation Authority, Los Angeles, CA

Richard J. Wieczorek, procurement department manager, San Francisco Bay Area Rapid Transit District, Oakland, CA

Adjourn

Bonus Session – Rail Issues

Rail 101

Regency Center 1/3

The basics of rail projects for those who represent rail properties, potential rail properties, or the merely curious.

Speakers:

Janie C.I. Sheng, associate, K&L Gates, Washington, DC

Charles A. Spitulnik, partner, Kaplan, Kirsch & Rockwell LLP, Washington, DC

Break

Regency West Foyer

Sponsor:

• K&L Gates LLP

Safety, Security and More

Regency Center 1/3

The unique nature of rail operations and ever increasing emphasis on safety and security has brought these issues into the forefront of railroad issues.  Our speakers will give newcomers the basics and update the old hands.

Speakers:

Kenneth A. Korach, JD, president, Transportation Resource Associates, Inc., Philadelphia, PA

Donald M. Itzkoff, partner, O’Connor & Hannan, LLP, Washington, DC

Thomas Farmer, deputy general manager of mass transit, Transportation Security Administration, U.S. Department of Homeland Security, Washington, DC

Public-Private Partnerships in Rail Projects

Regency Center 1/3

The costs of rail projects and limitations on available public funding have driven agencies to make creative use of private capital.  Building on the prerequisites to creative financing presented in the main conference, our speakers will address FTA’s treatment of public private partnerships, issues that arise, and the parameters of a typical partnership transaction.

Speakers:

Wib Gulley, general counsel, Triangle Transit Authority, Research Triangle Park, NC

Edward J. Fishman, partner, K&L Gates, Washington, DC

Dalton Smith, director, public finance, Merrill Lynch, Houston, TX