AGENDA


Monday, June 21

   
1:00 pm – 1:55 pm EDT Strategically Defending a FELA Toxic Tort Case  

This presentation discusses the new FELA threat posed by toxic
tort cases claiming diesel exhaust and other exposures caused
cancer, plaintiffs’ law firm business models in filing such lawsuits,
and how to strategically defend the claims from inception to
defense verdict. We focus on various aspects of the litigation
process important to defending the liability and damages issues.
This includes taking effective depositions of plaintiffs, neutralizing
plaintiffs’ co-worker witnesses, utilizing liability and damage
experts, implementing an aggressive motion practice, and overall
defensive strategy to avoid liability. Presented by David Schmitt,
Partner and Anne Marie O’Brien, Lamson, Dugan & Murray LLP
 
     
2:00 pm - 2:55 pm EDT  STB, Hot, Hot, Hot!!!  
  In this session, David Rifkind, Partner, Stinson LLP, will cover
new Board members, new dynamics, and old merger rules.
This session will take a look back at some of the Board's key
decisions this past year and a look forward to what is likely
on the Board's agenda for the coming year.
 
     
2:55 pm - 3:10 pm EDT  Networking Break  
     
3:10 pm - 4:05 pm EDT  Appellate Advocacy and the In-House Lawyer  
  This session focuses on how to approach appellate advocacy
as an in-house lawyer. Covering topics from the inception to
the conclusion of litigation, the session provides guidance on
how to best position trial and appellate litigation to obtain
favorable outcomes on appeal, when to consider engaging an
appellate specialist, and the value of amicus briefs. Presented
by Kermit Kendrick and E. Travis Ramey, Partners of Burr &
Forman LLP
 
     
4:10 pm - 5:05 pm EDT  National Transportation Safety Board (NTSB) Investigations  
  The National Transportation Safety Board investigates only
approximately 20 rail calamities each year. Tom Tobin and Dan
Braude
of the Wilson Elser Law Firm have represented railroads
and other transportation providers in dozens of NTSB
investigations and will take some of the mystery out of the process.
Their presentation will provide insight into which rail accidents the
NTSB is most likely to investigate, who will likely be invited to
participate as a “party”, what happens in the days the NTSB is on
scene, interaction with other stakeholders (including the press,
your management, plaintiffs’ attorneys & judges), how to
anticipate and prepare for NTSB interviews, the importance of
vetting draft NTSB documents, the preparation of party
submissions and preparation for in-person meetings with the
five Presidentially-appointed NTSB “Members.” They will
actively solicit the thoughts, ideas and experience of those
attending that have been through an NTSB investigation.
 
     
5:00 pm – 6:30 pm EDT   Opening Reception with Regional Meeting Attendees and
Sponsors
 
     

 

Tuesday, June 22

7:30 am – 8:00 am EDT  Networking Breakfast with Regional Meeting Attendees and
Sponsors
 
     
8:00 am – 8:55 am EDT 
Utility Crossings and the State Model Code for Accelerating
Broadband Deployment
 
  David Drach, Railroad Real Estate Consulting, LLC and Matthew
Hammer
, Daley Mohan Groble, PC will examine the FCC’s
Broadband Deployment Advisory Committee’s State Model Code
for Accelerating Broadband Deployment and existing state
statutes governing utility crossings.  We also will discuss legal
challenges to crossing statutes and offer opinions and
suggestions for railroad responses to requests to cross railroad
real estate and rights-of-way.
 
     
9:00 am - 9:55 am EDT  Section 889: Protecting the Security of the Railroad Supply
Chain
 
  Many short line and regional railroads handle freight to and
from federal government facilities.  Even more apply for and
receive federal grants for infrastructure and other projects.
Section 889 of the National Defense Authorization Act of FY
2019, and implementing regulations (the "Huawei Ban"), now
directly impact the materials, equipment, and services that
can be delivered or used by railroads in connection with
federal contracts. In addition, federal grant applicants/recipients
must take steps to ensure compliance with the Huawei Ban. 
Susan Warshaw Ebner, Esq., Stinson LLP, and Mark Sidman,
General Counsel & Corporate Secretary, Anacostia Rail Holdings
Co., will explain the new requirements and discuss the
challenges faced by railroads as they must implement Section
889 requirements.
 
     
10:00 am - 10:30 am EDT  Beverage Break with Sponsors  
     
10:30 am - 11:35 am EDT  Encroachments and Trespass: On the Railroad, It's All About
the Property! What you can do to ensure that your property
rights are secure.
 
  The presentation provides actions, and how to deal with
encroachers and trespassers on railroad property using both
court and non-court remedies. Presented by John Fiorilla and
Greg Peterson, partners in the firm of Dyer & Peterson in NJ.
 
     
12:00 pm – 1:00 pm EDT Networking Lunch with Regional Meeting Attendees and
Sponsors 
 
     
1:00 pm - 1:55 pm EDT  Environmental Update - Who's on First Base?  
  This session will provide an update of current environmental
regulations and how they potentially impact the freight rail
industry. Presented by Kevin Keller, Vice President & Sr.
Professional Associate, HDR
 
     
2:00 pm - 3:00 pm EDT  General Counsel Committee Meeting   
     

 

Wednesday, June 23

11:30 am EDT Buses depart for Golf - please meet in the Galt House Lobby   
     
1:00 pm – 6:00 pm EDT   Golf Tournament - Covered Bridge Golf Course 
Our Golf Tournament kicks off with Regional Meeting
Attendees at the beautiful Covered Bridge Golf Course. 
Additional costs and separate registration required; lunch
will be provided.
 
     
1:30 pm - 4:30 pm EDT  SLSI Safety Train Tour   
  Join the staff of the Short Line Safety Institute onboard the
Safety Train to hear more about the Hazardous Materials
programs offered including training, Emergency Preparedness,
Reporting and Response exercises, Functional Drills and
Transportation Emergency Response Plans – all provided at no
cost to railroads. Hosted by the Louisville & Indiana
Railroad.
 
     
     
 

CLE credit approval provided by ATLP


PLEASE NOTE - Schedule is subject to change.

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