Port Administration and Legal Issues Seminar April 15-17, 2009 Sheraton Inner Harbor Hotel Baltimore, MD

Transcription

1 (business casual attire) Wednesday, April 15 8:30 9:00 a.m. Port Administration and Legal Issues Seminar April 15-17, 2009 Sheraton Inner Harbor Hotel Baltimore, MD Registration and Continental fast 9:00 9:15 a.m. Welcome and Opening Remarks Kurt J. Nagle President & CEO American Association of Port Authorities Alexandria, VA Tom Tanaka, Esquire Senior Port Counsel Port of Seattle Chairman, AAPA Law Review Committee 9:15-10:45 a.m. 10:45 11:00 a.m. Kathy Broadwater Deputy Executive Director Plenary Session: Closing the Deal on Property and Business Interruption Claims in the Wake of a Catastrophe As many policyholders have learned in the wake of a catastrophe, it is becoming increasingly difficult to amicably resolve complex property and time element claims. This is true no matter what the cause of loss may be. This presentation will take on the daunting task of guiding complex property and business interruption claims to a successful conclusion and will provide tips to enable policyholders to make the right decisions and take the right steps to maximize insurance recovery when disaster strikes. Cindi Heffernan Managing Director Seattle, WA Rhonda D. Orin, Esq. Managing Sponsored by Robert M. Horkovich, Esq. Chair, Insurance Recovery Group New York, NY Peter Potemkin Deputy Director, Disaster Recovery Consulting Adjusters International Talent, OR 11:00 a.m. Noon Plenary Session: Torts, Property Damage and Bodily Injury What steps should a port take to ensure that claims are preserved? A general discussion of tort and property damage issues will be followed the analysis of a hypothetical involving a collision of two vessels, injuring a port employee, an ILA worker and causing damage to a dock and blocking a channel. Lawrence I. Kiern Winston & Strawn LLP H. Allen Black Winston & Strawn LLP

2 Port Administration and Legal Issues Seminar Page 2 Wednesday, April 15 (continued) Noon 1:30 p.m. (Camden Room - 2 nd floor) 1:30 3:00 p.m. 3:00 3:15 p.m. Lunch Plenary Session: The Shipping Act and Federal Maritime Commission Regulation The panelists will discuss how ports must approach issues like negotiations with competing tenants, tug franchises, and truck restrictions/licensing under the Shipping Act. Cathy Orleman Principal Counsel John Longstreth K&L Gates Sponsored by K&L Gates Matthew Thomas Of Counsel Troutman Sanders LLP 3:15 4:00 p.m. 4:00 4:45 p.m. Plenary Session: Labor Law Issues As the economy falters, strikes and other labor law issues will be a rising concern for ports. Paul Heylman Plenary Session: Minimizing/Avoiding Liability in Port Construction Projects Panelists will discuss the pros and cons of various types of construction contracts, alternative dispute resolution/arbitration/litigation, and how to minimize the likelihood of bid protests. William W. Warren, Jr. Harrisburg, PA

3 Port Administration and Legal Issues Seminar Page 3 Wednesday, April 15 (continued) 5:30 7:00 p.m. Welcome Reception Sponsored by Thursday, April 16 The reception will be held at the Law Offices of Saul Ewing - a short walk from the hotel. 8:00 8:30 a.m. Continental fast Sponsored by Jackson Gilmour & Dobbs, PC 8:30 10:30 a.m. 10:30 10:45 a.m. Plenary Session: Environmental Issues Facing Ports This session will address environmental liability and insurance coverage. A fact pattern involving historical pipeline discharges, with resulting property and natural resource damage, will be used to illustrate how ports should respond to environmental emergencies and how insurance coverage may/may not apply. Overview William J. Jackson Shareholder Jackson Gilmour & Dobbs, PC Houston, TX Environmental Compliance Self-Audit Bob Munroe Deputy Counsel Baltimore, MD Sponsored by Winston & Strawn, LLP Navigation and Dredging Issues Mr. Horkovich Water Pollution, Remediation and Liability Steven J. Picco Princeton, NJ 10:45 a.m. Noon Noon 1:30 p.m. (Camden Room - 2 nd floor) Plenary Session: Human Resources/Employment A discussion of employment challenges, including lay-off procedures, workplace challenges (such as employee possession of handguns), and insurance coverage for employment practices liability. Cheryl Taylor, PPM Deputy Port Director, Finance & Administration Port of Stockton Lunch Michael Conley, Esq. Co-Managing Shareholder Philadelphia, PA

4 Port Administration and Legal Issues Seminar Page 4 Thursday, April 16 (continued) 1:30 2:45 p.m. 1:30 2:45 p.m. (Severn I - 2 nd floor) 2:45 3:00 p.m. 3:00 4:30 p.m. Concurrent Session: Planning for Financial Downturns and Bankruptcy Using a simple hypothetical, this session will address how a port can protect its interests, through lease provisions and other means, when one of its tenants faces financial hardships, including possible bankruptcy. Robert Goodstein Goodstein Law Group PLLC Tacoma, WA Margaret J. Lee Goodstein Law Group PLLC Tacoma, WA Concurrent Session: Risk & Exposure Clinic Panel members of this interactive session will present several unique risk and exposure scenarios. Attendees will be asked to identify risks and exposures of each scenario and possible solutions to minimize both. Cindi Heffernan Managing Director Seattle, WA Roy Wilson Senior Vice President Philadelphia, PA Plenary Session: Liability and Risk Transfer with Respect to the Insurance of Others, including Port Service Vendors and Contractors This session will address the importance of transferring risk to third parties utilizing insurance of others and indemnity language. One port's recent experience with a temporary employee services provider will also be discussed. Frank L. McNiff, Esq. Welder Leshin LLP Corpus Christi, TX David L. Alexander Port Attorney Port of Oakland Friday, April 17 8:00 8:30 a.m. Continental fast 8:30 9:45 a.m. Plenary Session: Security Two security incidents will serve as the basis for discussion. Thomas G. Schroeter Associate General Counsel Port of Houston Authority Steve Roberts Attorney at Law Houston, Texas Brian E. Finch Counsel/Head Homeland Security Practice Dickstein Shapiro LLP

5 Port Administration and Legal Issues Seminar Page 5 Friday, April 17 (continued) 9:45 10:00 a.m. Sponsored by Hugh Wood Inc. 10:00 11:15 a.m. 10:00 a.m. 12:15 p.m. (Severn I - 2 nd floor) 11:15 a.m. 12:15 p.m. Concurrent Session: Real Estate Issues This session will examine liability issues in the context of property ownership, lease and/ or intermittent use. Heather M. McCloskey Deputy City Attorney Port of Los Angeles Duane Bennett Port Attorney Port of San Diego Concurrent Session: AAPA Risk Management and Safety Committee Meeting Concurrent Session: Legal Ethics This session will examine the difficult role a lawyer has between competing leadership factions within a port, ultimately asking the question of who is the client. A hypothetical posing this situation will be analyzed using the rules of professional conduct as a guide. The hypothetical will also raise the issue of waiver of attorney-client privilege. Mr. Tanaka 12:15 p.m. Seminar Adjourns