Sponsored by the Tort Trial & Insurance Practice Section
Sponsored by the Tort Trial & Insurance Practice Section Aviation and Space Law Committee Uniting Plaintiff, Defense, Insurance, and Corporate Counsel to Advance the Civil Justice System A GLOBAL VIEW: WHAT’S NEW IN AVIATION AND SPACE LAW - LITIGATION IN THE U.S. AND ABROAD OCTOBER 23-24, 2014 THE RITZ-CARLTON WASHINGTON, D.C. HOTEL WASHINGTON, D.C. N O I AT I AV D N A CE A SP W LA N O I AT G TI I L GREETINGS We are anticipating another great program with friends, colleagues and new members at our annual Fall program on October 23-24, 2014. Once again, we are meeting at the beautifully appointed Ritz Carlton, Washington, D.C., conveniently located near our Capitol’s many landmarks, museums and attractions. Our skilled aviation litigation faculty is excited to share with you the knowledge and experience that only comes with their collective hundreds of years in aviation litigation practice. There is something for every type of aviation litigator, new or seasoned, at this year’s program. This year’s theme, “A Global View: What’s New in Aviation and Space Law - Litigation in the U.S. and Abroad” will focus on what’s trending both domestically and abroad in the exciting world of commercial space activities, advanced technologies, drones, and more. Our highly regarded panelists will discuss legal, insurance, and industry issues that will impact the aviation, aerospace and commercial space sectors in the years to come, including presentations on: • Usage and regulations regarding drones and planning for the civilian usage of Unmanned Aircraft Systems(UAS) as well as present litigation regarding drones and UAS • The case for “improving” technology including blackboxes/CVDR’s and ability to track aircraft after MH Flight 370 • Case law and regulatory orders arising out of other recent airline accidents including a discussion of liability issues related to Malaysia Airlines Flight 17 • Effective use of jury consultants and focus groups/mock trials Also included are the staple, not-to-miss, Recent Developments in Aviation Law and Ethics presentations. Additionally, we will hear from in-house counsel at airlines and manufacturers, and lawyers from insurer and government entities regarding new and future challenges expected in the aviation and insurance industry. We are also very pleased that Dr. F. Robert van der Linden, Chair, National Air and Space Museum, Aeronautics Department will be our keynote luncheon speaker on Thursday, October 24th. You won’t want to miss his comments on the history of aviation and future developments. This program is the quintessential opportunity for long time practitioners and lawyers new to aviation law, to meet, interact and discuss what lies ahead in our industry. We hope to see you all in our beautiful nation’s Capital for two stimulating days of learning, networking and socializing. Best Regards, Tracey Campbell Committee Chair Global Aerospace, Inc. Parsippany, NJ David Harrington Immediate Past Chair, Program Co-Chair Condon & Forsyth, LLP New York, NY Garrett L. Pendleton Vice-Chair, Program Co-Chair AIG Aerospace New York, NY Daniel O. Rose Vice-Chair, Program Co-Chair Kreindler & Kreindler, LLP New York, NY Barry F. Benson Vice- Chair, Program Co-Chair U.S. Department of Justice Washington, D.C. Tara Nicola Vice-Chair, Program Co-Chair Fitzpatrick & Hunt, Tucker, Collier, Pagano, Aubert, LLP Princeton, NJ Orla Brady Committee Chair-Elect U.S. Department of Justice Washington, DC Thea Capone TIPS Council Liaison Baumeister and Samuels, PC New York, NY Jennifer P. Henry Vice-Chair, Program Co-Chair Thompson & Knight, LLP Fort Worth, TX Angela Savino Vice-Chair, Program Co-Chair Global Aerospace, Inc. Parsippany, NJ SPONSORS PLATINUM SPONSORS GOLD SPONSORS SILVER SPONSORS BRONZE SPONSOR FACULTY PLANNING COMMITTEE Tracey E. Campbell, Committee Chair Global Aerospace, Inc. Parsippany, NJ Orla M. Brady, Committee Chair-Elect U.S. Department of Justice Washington, D.C. Dorthea M. Capone Baumeister and Samuels, PC New York, NY Barry F. Benson U.S. Department of Justice Washington, DC David J. Harrington Condon & Forsyth, LLP New York, NY Jennifer P. Henry Thompson & Knight, LLP Fort Worth, TX Tara E. Nicola Fitzpatrick & Hunt, Tucker, Collier, Pagano, Aubert, LLP New York, NY Garrett L. Pendleton AIG Aerospace Atlanta, GA Daniel O. Rose Kreindler & Kreindler, LLP New York, NY Angela Savino, Global Aerospace, Inc. Parsippany, NJ SPEAKERS Ilyas Akbari Baum Hedlund Aristei & Goldman, PC Los Angeles, CA Erik H. Beard Wiggin and Dana, LLP Hartford, CT David J. Brummond DLA Piper LLP (USA) Washington, D.C. Kathryn Koorenny American Airlines Fort Worth, TX Mark W. Bury Federal Aviation Administration Washington, D.C. Michael S. Krzak Clifford Law Offices Chicago, IL Richard P. Campbell Campbell, Campbell & Edwards Boston, MA Michael Carbone JetBlue Airways Corporation Long Island City, NY Jane Cherry Thompson & Knight. LLP Dallas, TX Christopher R. Christensen Condon & Forsyth, LLP New York, NY Thad T. Dameris Arnold & Porter, LLP Houston, TX Mark A. Dombroff McKenna, Long & Aldridge, LLP McLean, VA Deborah A. Elsasser Clyde & Co US LLP New York, NY Jonathan M. Epstein Holland & Knight, LLP Washington, D.C. Stephan Eriksson Liman & Partners Stockholm, Sweden Ann Thornton Field Gordon Rees Scully Mansukhani, LLP Philadelphia, PA Justin T. Green Kreindler & Kreindler LLP New York, NY Douglas A. Latto Baumeister & Samuels, PC New York, NY Jack Marshall ProEthics, Ltd. Alexandria, VA Ricardo M. Martinez-Cid Podhurst Orseck Miami, FL Christopher McDavid United Technologies Corporation East Hartford, CT Douglas McQueen LeClairRyan Newark, NJ Michael G. McQuillen Adler Murphy & McQuillen, LLP Chicago, IL Anthony J. Murphy Global Aerospace, Inc. Parsippany, NJ Steven L. Osit Federal Aviation Administration Washington, D.C. Ralph V. Pagano Fitzpatrick & Hunt, Tucker, Collier, Pagano, Aubert, LLP New York, NY Nicholas E. Pantelopoulos Kaplan, Massamillo & Andrews, LLC New York, NY Robert F. Ruckman Jackson Walker LLP Dallas, TX Oliver Beiersdorf Reed Smith Philadelphia, PA Ian “Buddy” Herzog The Law Offices of Ian Herzog, PC Santa Monica, CA Patrick E. Bradley Reed Smith LLP Princeton, NJ Allison Kendrick The Boeing Company Seattle, WA Robert E. Spohrer Spohrer & Dodd, PL Jacksonville, FL Noreen Brogan Allianz Global Corporate and Specialty New York, NY Paula Knippa Slack & Davis, LLP Austin, TX Dr. F. Robert van der Linden National Air and Space Museum, Aeronautics Department Washington, D.C. Marygrace J. Schaeffer DecisionQuest Minneapolis, MN PROGRAM AGENDA THURSDAY, OCTOBER 23, 2014 8:00 A.M. – 5:00 P.M. REGISTRATION 8:00 A.M. – 8:25 A.M. CONTINENTAL BREAKFAST 8:25 A.M. - 8:30 A.M. WELCOMING REMARKS AND INTRODUCTIONS Tracey E. Campbell, Committee Chair, Global Aerospace, Inc., Parsippany, NJ Michael W. Drumke, Chair Tort Trial & Insurance Practice Section (TIPS) Swanson Martin & Bell LLP, Chicago, IL MORNING SESSION #1: Program Co-Chair: Angela Savino, Global Aerospace, Inc. 8:30 A.M. - 9:30 A.M. RECENT DEVELOPMENTS IN AVIATION AND SPACE LAW This discussion includes a review and analysis of recent aviation-related decisions presented by plaintiff’s counsel, defense counsel, and counsel for the United States. MODERATOR: SPEAKERS: 9:30 A.M. - 10:15 A.M. Douglas McQueen, LeClairRyan, Newark, NJ Paula Knippa, Slack & Davis, LLP, Austin, TX Jane Cherry, Thompson & Knight. LLP, Dallas, TX Steven L. Osit, Federal Aviation Administration, Washington, D.C. EMERGING TECHNOLOGY IN AVIATION AND LEGAL IMPLICATIONS Panelists explore the case for “improving” technology including blackboxes /CVDR’s and ability to track aircraft after MH Flight 370: will new legislation or regulations be promulgated? MODERATOR: SPEAKERS: Michael G. McQuillen, Adler Murphy & McQuillen, LLP, Chicago, IL Mark A. Dombroff, McKenna, Long & Aldridge, LLP, McLean, VA Kathryn Koorenny, Associate General Counsel, American Airlines, Fort Worth, TX Ian “Buddy” Herzog, The Law Offices of Ian Herzog, PC, Santa Monica, CA 10:15 A.M. – 10:30 A.M. BREAK MORNING SESSION #2: Program Co-Chair: Jennifer P. Henry, Thompson & Knight, LLP 10:30 A.M. - 11:30 A.M. DRONES AND UNMANNED AIRCRAFT SYSTEMS (UAS): RECENT LITIGATIGATION AND THE CASE FOR AND AGAINST RULEMAKING AND FUTURE USES AS WELL AS INSURABILITY A discussion of the impact that recent cases related to drone activity will have on existing and proposed federal and state regulation; the potential liability exposure for various drone and UAS-related activities; and the challenges facing insurers for drone-related activity. MODERATOR: Daniel O. Rose, Kreindler & Kreindler, LLP, New York, NY SPEAKERS: Robert E. Spohrer, Spohrer & Dodd, PL, Jacksonville, FL Thad T. Dameris, Arnold & Porter, LLP, Houston, TX 11:30 A.M. – 12:30 P.M. LEGAL AND PRACTICAL ISSUES ARISING OUT OF RECENT AIRLINE ACCIDENTS THAT HAVE OCCURRED ON U.S. SOIL This panel of industry experts will discuss various topics arising from recent airline accidents that have occurred in the United States, including the standard of care/ preemption defenses, code share liability issues, federal and local governmental liability, and post-accident family assistance. MODERATOR: SPEAKERS: Christopher R. Christensen, Condon & Forsyth, LLP, New York, NY Anthony J. Murphy, Global Aerospace, Inc., Parsippany, NJ Douglas A. Latto, Baumeister & Samuels, PC, New York, NY Oliver Beiersdorf, Reed Smith, Philadelphia, PA Barry F. Benson, U.S. Department of Justice, Washington, DC 12:45 P.M. - 2:00 P.M. KEYNOTE SPEAKER: LUNCH Dr. F. Robert van der Linden, Chairman Smithsonian Institution, National Air and Space Museum, Aeronautics Department Washington, D.C. AFTERNOON SESSION #1: Program Co-Chair: Tara E. Nicola, Fitzpatrick & Hunt, Tucker, Collier, Pagano, Aubert, LLP 2:00 P.M. – 3:00 P.M. DOMESTIC AND INTERNATIONAL REGULATIONS: WHAT IS THE COST OF OPERATING IN THE NEW ERA OF AVIATION REGULATION? Our panel of industry experts and practitioners will examine the challenges faced by airlines, manufacturers and insurers due to regulations in the U.S. and abroad including EU261, OFAC, FATCA and emissions regulations. MODERATOR: SPEAKERS: 3:00 P.M. – 3:45 P.M. Deborah A. Elsasser, Clyde & Co US LLP, New York, NY Stephan Eriksson, Liman & Partners, Stockholm, Sweden David J. Brummond, DLA Piper LLP (USA), Former Senior Sanctions Advisor-Insurance, Office of Foreign AssetControl, U.S. Treasury Department, Washington, D.C. Mark W. Bury, Assistant Chief Counsel for International Law, Legislation and Regulations Federal Aviation Administration, Washington, D.C. Jonathan M. Epstein, Holland & Knight, LLP, Washington, D.C. LITIGATING IN FOREIGN VENUES: PROS AND CONS OF HAVING CASES FILED IN FOREIGN VENUES Aside from the general choice of law issues raised when litigating in a foreign venue, to what extent is the question made more uncertain by such things as treaties, conventions, public policy, political unrest, and foreign policy considerations? MODERATOR: SPEAKERS: 3:45 P.M. – 4:00 P.M. Nicholas E. Pantelopoulos, Kaplan, Massamillo & Andrews, LLC, New York, NY Ricardo M. Martinez-Cid, Podhurst Orseck, Miami, FL Ann Thornton Field, Gordon Rees Scully Mansukhani, LLP, Philadelphia, PA BREAK AFTERNOON SESSION #2: Committee Chair- Elect: Orla M. Brady, U.S. Department of Justice 4:00 P.M. – 5:00 P.M. EMERGING LITIGATION ISSUES AND TRENDS: AIRLINES, PRODUCTS AND GENERAL AVIATION COUNSEL Attorneys practicing in the areas of airlines, products liability and general aviation discuss emerging issues and trends that they find problematic or interesting. Among other things, this Panel will address how to handle novel legal theories in the context of aviation litigation; and weighing the risk of obtaining bad precedent against the possibility of achieving a great result. MODERATOR: SPEAKERS: 5:30 P.M. Ralph V. Pagano, Fitzpatrick & Hunt, Tucker, Collier, Pagano, Aubert, LLP, New York, NY Erik H. Beard, Wiggin and Dana, LLP, Hartford, CT Ilyas Akbari, Baum Hedlund Aristei & Goldman, PC, Los Angeles, CA Richard P. Campbell, Campbell, Campbell & Edwards, Boston, MA Christopher McDavid, Vice President & Counsel, United Technologies Corporation, Pratt & Whitney Division, East Hartford, CT RECEPTION FRIDAY, OCTOBER 24, 2014 P 8:00 A.M. – 9:00 A.M. CONTINENTAL BREAKFAST MORNING SESSION #1: Program Co-Chair: Garrett L. Pendleton, AIG Aerospace 9:00 A.M. - 10:00 A.M. MOCK TRIALS Learn the ins and outs of deciding what type of mock trial works best for your case and budget. Hear from an experienced trial and jury consulting firm and seasoned plaintiffs’ and defense counsel how they prepare for and what they look to learn from jury consultants and mock trials. MODERATOR: SPEAKERS: , 10:00 A.M. – 11:00 A.M. Robert F. Ruckman, Jackson Walker LLP, Dallas, TX Marygrace J. Schaeffer, DecisionQuest, Minneapolis, MN Patrick E. Bradley, Reed Smith LLP, Princeton, NJ Michael S. Krzak, Clifford Law Offices, Chicago, IL THE CHANGING WORLD OF LEGAL ETHICS Ethical issues confront us all - learn from recognized ethics experts and dynamic speakers practical techniques and applications to confront or avoid potential problems in a changing ethical environment. Learn what your ethical duties are outside your jurisdiction and abroad. SPEAKERS: Jack Marshall, ProEthics, Ltd., Alexandria, VA Justin Green, Kreindler & Kreindler LLP, New York, NY 11:00 A.M. – 11:15 A.M. BREAK MORNING SESSION #2: Program Co-Chair: Jennifer P. Henry, Thompson & Knight, LLP 11:15 A.M. – 12:00 P.M. THE INSURED, THE INSURER AND COUNSEL: HOW TO DEFINE RELATIONSHIPS, ROLES AND REPORTING AFTER A MAJOR ACCIDENT OR OCCURRENCE. This panel of distinguished industry executives will explore what happens behind the scene at the airline, the manufacturer, and insurer after a major accident and discuss the role of outside counsel, common pitfalls, lessons learned and potential future issues. MODERATOR: t Y SPEAKERS: 12:00 P.M. – 12:05 P.M. David J. Harrington, Condon & Forsyth, LLP, New York, NY Michael Carbone, JetBlue Airways Corporation, Long Island City, NY Allison Kendrick, The Boeing Company, Seattle, WA Noreen Brogan, Allianz Global Corporate and Specialty, New York, NY CLOSING REMARKS Tracey E. Campbell, Committee Chair, Global Aerospace, Inc., Parsippany, NJ Orla M. Brady, Committee Chair-Elect, U.S. Department of Justice Aviation and Admiralty Section, Washington, D.C. REGISTRATION FORM ABA TORT TRIAL & INSURANCE PRACTICE SECTION (TIPS) A GLOBAL VIEW: WHAT’S NEW IN AVIATION AND SPACE LAW - LITIGATION IN THE U.S. AND ABROAD The Ritz-Carlton, Washington D.C. • October 23-24, 2014 REGISTRATION DEADLINE: OCTOBER 10, 2014 1. REGISTRANT: (Please print or type one form per person; photocopy this form for additional registrants) LAST NAME FIRST NAME MI NAME AS YOU WISH IT TO APPEAR ON YOUR BADGE FIRM/COMPANY WHAT STATE(S) ARE YOU LICENSED IN? ADDRESS CITY STATE (AREA CODE) BUSINESS TELEPHONE FACSIMILE ZIP E-MAIL ADDRESS Are you attending your first TIPS National Program? RYes RNo RI am a member of the ABA and wish to join the Tort Trial & Insurance Practice Section. RI have enclosed a separate check for $50 made payable to the American Bar Association. 2. REGISTRATION FEES: On or Before 10/10/14 After 10/10/14 QTY TIPS Member ABA Member General Attendee Government Employee Law Student $575 $625 $695 $395 $150 $600 $650 $720 $420 $175 ____ ____ ____ ____ ____ TOTAL $_______ $_______ $_______ $_______ $_______ 3. MATERIALS RI will not be attending the meeting and wish to order program materials on CD-ROM for $150. 4. TOTAL PAYMENT TOTAL $_______ 5. PAYMENT INFORMATION RCheck (made payable to the ABA) RAmerican Express RMasterCard RVISA CREDIT CARD NUMBER EXPIRATION DATE SIGNATURE THREE WAYS TO REGISTER 1. ONLINE: 2. MAIL: 3. FAX www.americanbar.org/ groups/tort_trial_ insurance_practice.html A Global View: What’s New in Aviation and Space Law - Litigation in the U.S. and Abroad American Bar Association Attn: Service Center - Meeting/Event Registrations Department 321 North Clark Street, Floor 16 Chicago, IL 60654 (312) 988-5850 On-site registrants must pay the program fee plus an additional $25 by check or credit card. GENERAL INFORMATION Registration Deadline: Friday, October 10, 2014 Hotel Deadline: Tuesday, September 30, 2014 ADVANCE REGISTRATION Visit the TIPS website to register at www.abanet.org/ tips or complete the registration form included in this brochure for “A Global View: What’s New in Aviation and Space Law - Litigation in the U.S. and Abroad” to be held at the Ritz-Carlton Washington, DC. The registration fee includes admission to the program, course materials, continental breakfast, breaks, luncheon and welcome reception. If you wish to have your name appear on the pre-registration list distributed at the program, ALL registration forms must be received no later than the registration deadline of October 10, 2014. Registration reservations will be confirmed in writing within 10 business days. ON-SITE REGISTRATION On-site registrations will be accepted if space is available. Call Donald Quarles at 312.988.5708 or email donald. [email protected], 72 hours prior to the program to confirm that space is available. Onsite registrants must pay the program fee by credit card or check made payable to the American Bar Association. A $25 fee will be charged to individuals registering on-site. CANCELLATION POLICY No registration fee refunds will be granted for cancellations received after October 10, 2014. In order to receive a refund (less a $100 administrative fee), the ABA must receive written cancellation by October 10, 2014. Registrants who are unable to attend may send a substitute or will receive course materials in lieu of a refund HOTEL INFORMATION A limited number of rooms have been blocked for program registrants at the Ritz-Carlton Washington DC Hotel, 1150 22nd Street, NW, Washington, DC 20037. Hotel reservations can be made by calling the hotel directly at 202.835.0500 or toll-free at 800.542.8680. The room block will be held until Tuesday, September 30, 2014 or until exhausted. After that date, reservations will be confirmed based on availability. To receive the special ABA negotiated hotel room rate of $347.00 single/ double plus 14.5% tax, identify yourself as attending the ABA Tort Trial & Insurance Practice Section Aviation Litigation meeting when making reservations. To book online, go to www.americanbar.org/travel > click on the Orbitz for Business logo at the top of the page > read the instructions under the Travel Paid by Self box. For assistance with online or offline reservations using the ABA Orbitz for Business website, call toll free 877.222.4185. Discounts can also be obtained directly from the airlines. American: Call 800.433.1790; Code A5414SS United: Call 800.426.1122; Agreement Code: 461920 Z Code: ZR45, Online Discount Code: ZR45461920 Delta: Call 800.328.1111 or visit www.delta.com and use Meeting Event Code NMHK5 (or NMFUD for meetings before Feb 28, 2014) and Meeting Event Code NMGGY for international Virgin America Airlines: www.virginamerica.com use discount code VXABA312 CLE INFORMATION 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, NM, NV, NY, NC, ND, OH, OK, OR, PA, 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 course is expected to qualify for 9.25 CLE credit hours (including 1.0 ethics hours) in 60-minute states, and 11.10 credit hours (including 1.2 ethics hours) in 50-minute states. 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 self-submission in other states. For more information about CLE accreditation in your state, visit www.sampleprogramwebsite.org or contact Donald Quarles at [email protected] or 312.988.5708. MEMBERSHIP INFORMATION For more information about membership in the ABA or the Tort Trial & Insurance Practice Section (TIPS), please visit us online at www.abanet.org/tips/memberapp.html or call 800.285.2221. Membership in TIPS includes three industry-leading periodicals, discounts of up to 20% on many TIPS CLE programs, and other career and practiceenhancing benefi ts. Join TIPS today! Hotel check-in is 3:00 p.m. and checkout is 12:00 p.m. (noon). All reservations must be guaranteed by credit card or deposit check. Individuals with guaranteed reservations must cancel their reservations 24 hours prior to the scheduled day of arrival to avoid a one-night cancellation charge. PERSONS WITH DISABILITIES AIRLINE INFORMATION GET CONNECTED WITH TIPS! Discounted airfares are available from ABA Orbitz for Business including ABA negotiated meeting discounts on American, United, Delta and Virgin America Airlines. Information on this and other TIPS CLE programs is available online at www.abanet.org/tips. Visit us and get connected! Services for persons with disabilities are available. If special arrangements are required for an individual to attend this program, please notify the ABA promptly at 312.988.5708. Reasonable advance notice is requested. SCHOLARSHIPS AVAILABLE! ATTENTION TIPS MEMBERS: Scholarships are available for all Section activities, courtesy of the TIPS Scholarship Fund. The Fund, established with the International Risk Management Institute (“IRMI”) and supported by subscriptions to the IRMI CGL reporter, is intended to increase membership involvement in TIPS’ activities among minorities, solo and small firm practitioners, government attorneys, women, and young lawyers by providing financial support to those who would otherwise be unable to participate. To request an application or receive additional information, visit www.abanet.org/tips/scholarship.html or contact Linda Wiley at 312.988.5673.
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