PETROLEUM MARKETING ATTORNEYS MEETING
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1 AMERICAN BAR ASSOCIATION PETROLEUM MARKETING ATTORNEYS MEETING APRIL 14-15, 2016 LOEWS MADISON HOTEL WASHINGTON, DC
2 2016 ABA PETROLEUM MARKETING ATTORNEYS MEETING APRIL 14-15, 2016 LOEWS MADISON HOTEL WASHINGTON, DC SCHEDULE THURSDAY, APRIL 14, :00 P.M. 6:00 P.M. REGISTRATION OPENS 6:00 P.M. 7:30 P.M. RECEPTION 7:30 P.M. 9:30 P.M. DINNER AND REMARKS FRIDAY, APRIL 15, :30 A.M. 8:30 A.M. REGISTRATION AND CONTINENTAL BREAKFAST 8:00 A.M. 8:15 A.M. WELCOME AND OPENING REMARKS 8:15 A.M. 9:15 A.M. PRIVACY AND PAYMENTS AT THE PUMP: WHAT YOU NEED TO KNOW ABOUT DATA SECURITY AND PAYMENT CARDS In the wake of numerous large-scale data breaches, increasing rates of counterfeit card fraud, and evolving security and POS technology, privacy and payment card issues are developing an increasingly high profile in the petroleum marketing industry. Regulatory requirements and civil liability in the industry are highlighted as they relate to data protection, breach and response. Against that backdrop, the switch to EMV cards with microchips means adding new in-store technology and internal processing systems, and knowing and navigating new rules. Payment Card Industry Data Security Standards (PCI DSS) add an additional layer of complexity to the mix and are the subject of some controversy. Our speakers will discuss these regulatory, technology and security trends as well as litigation relating to data security and interchange or merchant fees. Douglas S. Kantor, Steptoe & Johnson LLP, Washington, DC Christopher Loeffler, Kelley Drye & Warren LLP, Washington, DC
3 9:15 A.M. 10:15 A.M. FRANCHISORS AS JOINT EMPLOYERS : IS THERE TOO MUCH PLAY IN THE JOINTS? Recent decisions by the National Labor Relations Board (NLRB) altered the legal landscape in joint employer cases and upended decades of well-established precedent on that issue. As a result, companies that use contract employees may be held liable for labor law violations by the company supplying the labor employees. For example, in one recent NLRB case a Houston company, Browning-Ferris, was found to be a jointemployer for the employees from a staffing company and Browning-Ferris then was held to be responsible for labor law violations by the staffing company. Similar interpretations are being reached by the U.S. Department of Labor in seeking to hold companies legally liable for violations of wage and hour and EEO laws by the staffing companies. These developments pose serious challenges for all companies that use employees from staffing companies, and in particular present challenges to the franchisor-franchises business model. Companies must proceed cautiously when reserving or exercising control or influence over the labor suppliers employees or employment functions. A panel, which includes a former Solicitor of the U.S. Department of Labor and an in-house counsel at a major oil company, will explain this doctrinal shift, explore the risks created by it, identify best practices to mitigate those risks, and discuss recent legislative initiatives designed to reverse this new trend. David S. Fortney, Fortney & Scott, LLC, Washington, DC Tonya Hunter, Marathon Petroleum Company LP, Findlay, OH 10:15 A.M. 10:30 A.M. NETWORKING BREAK 10:30 A.M. 12:00 P.M. COMMERCIAL LITIGATION AND PMPA UPDATE This session will review the court decisions that are of importance to the petroleum marketing attorney, including developments under the Petroleum Marketing Practices Act, state franchise protection statutes, gasoline pricing cases, state enforcement actions, federal agency investigations, and state law claims. The session will also explore other litigation developments relevant to the petroleum marketing arena. Abby L. Risner, Greensfelder, Hemker & Gale, P.C., St. Louis, MO Karen T. Staib, Shipman & Goodwin LLP, Hartford, CT 12:00 P.M. 1:00 P.M. LUNCHEON 1:00 P.M. 2:00 P.M. ANTITRUST: WHAT DO PETROLEUM MARKETING ATTORNEYS NEED TO KNOW? As the petroleum industry faces new challenges with low crude prices, will more antitrust issues arise? Will industry consolidation moves be closely scrutinized? Will there be more conspiracy accusations? What can we learn from other industries that are being reviewed in the EU and the U.S.? What is the
4 latest guidance on the conflicting jurisdictions over market manipulation and antitrust for the FTC, CFTC, FERC and DOJ? Will the FTC s new teaching on Section 5 of the FTC Act alleviate any enforcement concerns in the petroleum industry? Are there new FTC investigations waiting in the wings? These are a few of the hot topics to be covered. SPEAKER Layne E. Kruse, Norton Rose Fulbright US LLP, Houston, TX 2:00 P.M. 3:00 P.M. LOYALTY PROGRAMS: FRANCHISE RELATIONSHIP, PRICING AND CONSUMER FRAUD ISSUES Frequent diners, airline and hotel memberships, and loyalty cards galore virtually every type of consumer based industry has adopted programs designed to maintain current customers and attract new ones. This session will discuss a variety of issues associated with refiner offered loyalty programs, including impacts on relationships with jobbers, triggering of below cost statutes, the ability to implement a consistent offer, and potential exposure from consumer fraud, consumer class, or AG actions and their effect on reputation and operations. You will hear from both a loyalty program sponsor and a jobber on these loyalty program issues and reap the benefit of their respective and sometimes competing perspectives. Greg Barrick, Vice President, Barrick Enterprises, Inc., Royal Oak, MI Debbie Carlos, Assistant General Counsel, Sunoco, Inc., Newtown Square, PA 3:00 P.M. 3:15 P.M. NETWORKING BREAK 3:15 P.M. 4:15 P.M. ETHICS This interactive program will focus on recent trends and developments relating to attorney ethics and professional responsibility obligations, including in particular those faced by corporate counsel and their outside counterparts in private practice. SPEAKER C. Simon Davidson, McGuireWoods, LLP, Charlottesville, VA Representatives from the following oil companies, among others, will be attending the meeting:
5 PROGRAM REGISTRATION FEES Payment must accompany registration form to be accepted. Section Member $575 ABA Member $650 General Attendee $675 Section Member Gov t, Public Interest, Academic $425 Gov t, Public Interest, Academic $475 Young Lawyer* $475 Law Student $30 *Qualifying young lawyers are under 36 years old or admitted to practice for five years or less. ADVANCE REGISTRATION We encourage you to register online at org/environpmam. If you want to register by mail, visit to download a registration form. Please mail the form with your check (payable to the American Bar Association) or credit card information to: American Bar Association, Attn: Service Center Meeting/Event Registrations Department, 321 N. Clark St., Fl. 16, Chicago, IL or to our secure fax number: (312) The deadline for receipt of registration is Tuesday, April 5, After this date, registrations must include an additional $25 for processing. All attendees must be registered for this conference to participate. THANK YOU TO OUR SPONSORS ANNUAL SECTION PROGRAM SPONSORS PLATINUM SPONSOR GOLD SPONSORS
6 REGISTRATION INFORMATION LOCATION AND LODGING The ABA Petroleum Marketing Attorneys Meeting will take place at the Loews Madison Hotel, th Street Northwest, Washington, DC ( A block of rooms has been reserved at the discounted rate of $309 for single and double rooms. The cutoff for room reservations at the discounted rate is Thursday, March 24, After that date, rooms can be reserved on a space-available basis. To reserve a room, call the hotel directly at (202) or toll free at (855) Be sure to mention the Petroleum Marketing Attorneys Meeting (PMAM) to receive the special rate. CONFERENCE COURSE MATERIALS AND REGISTRATION FEE INFORMATION Course materials and related background information will be provided to attendees online prior to the conference. You may wish to bring a laptop, netbook, or tablet to view the materials; complimentary wireless internet access will be available. The registration fee covers course materials, reception, and dinner on Thursday; and breakfast, breaks, and lunch on Friday. CANCELLATION POLICY Registrants who are unable to attend the conference will receive a refund less a $50 administrative fee if written notice of cancellation is received by Tuesday, April 5, Cancellations must be ed to Julie McCullough at Julie.McCullough@americanbar.org. No refunds will be granted after Tuesday, April 5, Registration fees are not transferable to other Section or ABA programs; however, substitutions for the program are acceptable. The ABA reserves the right to cancel any program and assumes no responsibility for personal expenses. TUITION ASSISTANCE A limited number of registration fee waivers or discounts are available. Preference will be given to government employees, public interest lawyers employed with nonprofit organizations, academics, solo or small firm practitioners of limited means, and unemployed lawyers. To apply, send a letter outlining why you are interested in participating in the conference and the basis for your request of a fee waiver by to Julie.McCullough@ americanbar.org by Monday, March 21, CLE CREDIT The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney selfsubmission in other states. For more information about CLE accreditation in your state, visit or contact Julie McCullough at Julie.McCullough@americanbar.org or (312) AMERICANS WITH DISABILITIES ACT If any special arrangements are required for a disabled individual to attend this program, please contact Julie McCullough at Julie.McCullough@ americanbar.org or (312) by Tuesday, April 5, Fax: (312) Questions? (312) Location: Loews Madison Hotel Housing Deadline: Thursday, March 24, 2016
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