The 2011 Global Congress on Travel Risk Management

Transcription

1 The 2011 Global Congress on Travel Risk Management August 25-28, 2011 Common Issues and Solutions for Travel Safety and Security: The Industry Perspective Presented By: Stephen Barth - HospitalityLawyer.com Brandon Michael Collins - Houston Airport System Jerry Hamilton - Hamilton, Miller & Birthisel, LLP Stephen Heifetz - Steptoe & Johnson LLP

2 STEPHEN BARTH Professor of Hospitality Law and Leadership Attorney Founder of HospitalityLawyer.com, MeetingLawyer.com, RestaurantLawyer.com, PrivateClubLawyer.com, and Global Alliance of Travel, Tourism and Hospitality Attorneys (G.A.T.T.H.A) Member of the National Speaker s Association Stephen Barth, author of Hospitality Law and coauthor of Restaurant Law Basics, is an attorney, the founder of HospitalityLawyer.com and the annual Hospitality Law Conference series. As a professor at the Conrad N. Hilton College of Hotel and Restaurant Management, University of Houston, he teaches courses in hospitality law and leadership. He has over twenty years of experience in hospitality operations, including line positions, management, and ownership. Stephen is a founding member of the Hospitality Industry Bar Association. He is a member of the State Bar of Texas. He is also a mediator and a strong proponent for alternative dispute resolution. Stephen s articles on legal and leadership issues appear regularly in Lodging Hospitality, Hotel and Motel Management, CHEERS, NightClub and Bar, and HospitalityLawyer.com. He speaks regularly on many issues for the National Restaurant Association, the American Hotel & Lodging Association, the Club Managers Association, the National Association of Catering Executives, Global Business Travel Association, the Texas Hotel and Lodging Association, CHEERS, and many other hospitality associations and hospitality management companies, including Four Seasons, Hyatt, Hilton, Choice, Best Western Hotels, Intercontinental, and Wyndham Worldwide. His presentations focus on positive leadership techniques and methods for preventing liability in the hospitality industry. He assisted the National Restaurant Association in developing its Safety and Security Seminar and its Responsible Service of Alcohol program. Other presentations developed by Stephen include STEM the Tide of Litigation; Positive Leadership for Positive Performance; A Model for Reducing Worker s Compensation Costs for the Hospitality Industry; Enhancing Your Presentation Effectiveness; Managing Your Emotional Energy; and Legal Updates for Lodging, Restaurant and Club Operations. He is a member of a select group of instructors worldwide designated by the Educational Institute of the American Hotel & Lodging Association to teach its Certified Hospitality Educator (CHE) program. Stephen earned his Law degree, Master of Arts in communications and a Bachelor of Arts degree with honors in economics from Texas Tech University. In 1995 he was recognized by the City of Houston for his accomplishments as a faculty member at the University of Houston, and in 1996 he received the Dean s award for Teaching Excellence at the Conrad N. Hilton College, University of Houston. In 1998 Stephen was awarded the University Teaching Excellence Award, the highest recognition of teaching bestowed by the University of Houston. In 2000 he received the University of Houston s Distance Education Award. In 2001 he launched HospitalityLawyer.com. In 2002 he initiated the annual Hospitality Law Conference series. In 2003 Stephen created the Electronic Journal of Hospitality Legal, Safety, and Security Research. In 2007 he was the recipient of the Hilton College Outstanding Teacher award. In 2009, he received the Hilton College HVS Research Award. In 2011 he launched the Global Congress on Legal, Safety, and Security Solutions in Travel. Conrad N. Hilton College of Hotel and Restaurant Management HospitalityLawyer.com University of Houston (713) (713) SBarth@HospitalityLawyer.com SBarth@uh.edu

3 Brandon Michael Collins Intelligence Coordinator Houston Airport System Brandon Collins joined the Houston Airport System in 2009 after four years of United States Army active duty, mostly with the 3 d Armored Cavalry Regiment (ACR). He graduated from Stephen F. Austin State University in 2004 with a degree in Communications and is currently attending South Texas College of Law. While completing his undergraduate degree, Brandon was heavily involved in many positions in the Sigma Chi Fraternity. Brandon started his military career as an enlisted Soldier in November After completing basic training at Fort Benning, GA, he attended Officer Candidate School (OCS). Upon completion of OCS, Brandon was commissioned as a Second Lieutenant in May His military education includes the Military Intelligence Officer Basic Course and the Military Intelligence Captains Career Course. Brandon has served in numerous leadership and staff officer positions while assigned as a Military Intelligence Officer to the 3 d ACR. He began as the Assistant Squadron Intelligence Officer for the 4 th Squadron, 3 d ACR. During this time he proudly served with the attack Aviation, Longknife, Squadron that was instrumental in allowing the Iraqi people to take control of Sadr City, Baghdad, Iraq in April Upon completion of his initial assignment he was tasked to be the Tactical Unmanned Aerial Systems Platoon leader for two platoons in Mosul, Iraq, for the remainder of Operation Iraqi Freedom When his Regiment returned home from 15 months deployed to Iraq he began his role as the Executive Officer for Headquarters Headquarters Troop, 4 th Squadron, 3 d ACR. He currently serves as a Battalion and Brigade Observer Controller and Trainer with the 75 th Division out of Ellington Field Joint Reserve Base in the United States Army Reserves. Upon his exit from the active component of the United States Army, Brandon was recruited by the Houston Airport System (HAS) to develop a Threat Intelligence Program for the Public Safety component of the HAS. Since his recruitment to the airport system, he has developed a robust, viable and interconnected intelligence program. Furthermore, his recent speaking engagements and integration with colleagues in and around the city of Houston have resulted in very effective and complete intelligence-led, risk-based Public Safety operations HAS-wide.

4 Jerry D. Hamilton is a founding managing shareholder of Hamilton, Miller & Birthisel, LLP, a Martindale Hubbell AV rated law firm. Mr. Hamilton has dedicated his practice to litigation, including: hospitality law claims, personal injury defense, property and casualty, admiralty and maritime, transportation, medical and professional malpractice defense, commercial litigation, and products liability. He has represented hotels and resorts, shore excursion operators, commercial property owners, product manufacturers, distributors, the world s largest passenger cruise lines, major marine domestic and international underwriters, doctors, and international business in cases stemming from wrongful death, personal injury claims, sexual assault claims, negligent security claims, premises liability claims, medical malpractice suits, product liability actions, excursion liabilities, mass torts and class actions, and claims asserted under the Americans with Disabilities Act. Mr. Hamilton has published various articles in his areas of practice and is frequently invited to speak at domestic and international conferences. Practice Areas Hospitality Law Claims Personal injury defense Property and casualty Insurance Defense Commercial litigation Transportation Admiralty and maritime claims Complex business disputes Products liability and mass torts Malpractice defense Recognition Board-Certified by the Florida Bar Honored as Top Ten Lawyer by Chartis Insurance, 2010 AV Rated by Martindale Hubbell for the highest level of professional excellence Recognized as a Florida Super Lawyer by Law & Politics Named BEST OF THE BAR by the South Florida Business Journal Named as one of "100 Most Accomplished Blacks in Law" by ICABA Listed in Florida Trend s Legal Elite Education J.D., with special citation, University of Florida College of Law B.A., University of Miami Miami Fort Lauderdale Tampa Jamaica U.S. Virgin Islands

5 Bar Admissions Florida Bar, 1993 Jamaica, 2006 Court Admissions U.S. Southern District and Middle District Courts of Florida Eleventh Circuit Court of Appeals Memberships Defense Research Institute, Member Council on Litigation Management National Association of Minority and Women Owned Law Firms (NAMWOLF) Caribbean Bar Association, Founding Member and Past President Dade County Bar, Board of Directors , Civil Litigation Committee International Council of Cruise Lines, Executive Member Executive Board, Broward Community College Foundation Executive Board, Urban League of Broward County Miami Fort Lauderdale Tampa Jamaica U.S. Virgin Islands

6 Stephen Heifetz Stephen Heifetz is a partner in the Washington office of Steptoe & Johnson LLP, where he helps clients navigate laws and policies at the nexus of international business and security Connecticut Avenue, NW Washington, DC TEL: FAX: sheifetz@steptoe.com Areas of Practice International Regulation & Compliance Government Affairs & Public Policy National and Homeland Security Hospitality, Hotels & Resorts Education Georgetown University Law Center, J.D., 1996, magna cum laude, Order of the Coif, Senior Articles Editor, Georgetown Law Journal, Olin Fellow in Law and Economics Stanford University, A.B., 1993, with honors Bar & Court Admissions District of Columbia Maryland Mr. Heifetz has served in the Departments of Justice and Homeland Security, as well as the Central Intelligence Agency, and in private practice he has represented clients in matters involving many other federal agencies, Congress, foreign governments, and international organizations. In his most recent government position, Mr. Heifetz was Deputy Assistant Secretary and Acting Assistant Secretary for the Office of Policy Development at the Department of Homeland Security (DHS). He worked extensively with DHS s agencies including the Transportation Security Administration, Customs and Border Protection, and Immigration and Customs Enforcement to develop policy on a range of issues. These included air and maritime cargo screening, aviation and transportation security, visa screening, the SAFETY Act, and bio-security. Mr. Heifetz also shaped DHS s role in the Committee on Foreign Investment in the United States (CFIUS), which reviews foreign acquisitions of US companies, and he helped develop new CFIUS laws and regulations. He reviewed hundreds CFIUS cases, including several the Committee disapproved, and he negotiated many agreements the Committee deemed necessary for approval. In private practice, Mr. Heifetz has counseled companies about whether to file with CFIUS and has guided companies through the CFIUS process. In the areas of anti-money laundering and terrorist financing regulations, the Foreign Corrupt Practices Act, economic sanctions implemented by Treasury s Office of Foreign Assets Control (OFAC), and export controls, Mr. Heifetz has provided compliance counseling, conducted internal investigations, and defended against government enforcement actions. He also has represented private security companies to ensure compliance with various national and international laws, respond to media inquiries, and satisfy political imperatives. Mr. Heifetz is a member of the Council on Foreign Relations, has served as an adjunct professor at Georgetown, and has published extensively in trade journals, law reviews, and newspapers, including The New York Times and The Washington Post. Noteworthy "How to Keep Terrorism Grounded," The New York Times (November 1, 2010) "The Risk of Too Much Oversight," The New York Times (July 21, 2008)

7 Stephen Heifetz "Anti-Money Laundering Rules for Insurance Companies Contain New Twists," Privacy and Data Security Law Journal (February 2006) "Vague Guidance Still Invites Defensive SARs," The American Banker (January 6, 2006) "A Wasteful Pursuit of Terrorist Money," The Washington Post, (August 24, 2005) Select Seminars & Events Foreign Investment in US Security Market, WestLegal, July 13, 2011 US CFIUS Review, 2011 Northwind Foreign Investment Invitational Forum in Canada, May 11, 2011 Doing Business in the United States, Digital Video Conference (DVC) with American Consulate in Chennai, India, April 27, 2011 Hospitality Webinar: Insurance/Safety Issues, February 24, 2011, (A Steptoe-Sponsored Event) Stephen Heifetz Speaks on Navigating the US Homeland Security Market, February 3, 2011 Air Cargo Screening Current & Future Requirements, December 8, 2010 Selected Publications Mobility Matters Bulletin - July 2011 July 7, 2011 Security Partnerships Bulletin - July 2011 July 7, 2011 A Brief History of the Committee on Foreign Investment in the United States March 9, 2011, American British Business Mobility Matters Bulletin - February 2011 February 25, 2011 Security Partnerships Bulletin - February 2011 February 24, 2011 A New Terrorism Warning System Time to Decide January 5, 2011, Security Debrief Blog

8 Stephen Heifetz Mobility Matters Bulletin - November 2010 November 4, 2010 Security Partnerships Bulletin - November 2010 November 4, 2010

9 Common Issues and Solutions for Travel Safety and Security: The Industry Perspective Brandon Collins Intelligence Coordinator, Houston Airport System Developed a Robust, Viable and Interconnected Intelligence Program at the Houston Airport System Graduate of the US Army s Military Intelligence Advanced Course and current student at South Texas College of Law Military Intelligence Captain, US Army Reserve Stephen Heifetz Partner, Steptoe & Johnson Helps Clients Navigate Laws and Policies at the Nexus of International Business and Security. Served in the Departments of Justice and Homeland Security, as well as the CIA. Member of the Council on Foreign Relations and has Published Extensively, Including Articles in the New York Times and Washington Post.

10 Jerry Hamilton Founding Managing Shareholder, Hamilton, Miller & Birthisel, LLP Commercial Litigator with Emphasis in Admiralty and Maritime Law, Transportation law, Hospitality Law, Medical and Professional Malpractice Defense, Personal Injury Defense, Commercial Litigation, Products Liability, and Mass Torts Frequently Published Author Noted Domestic and International Speaker Brandon Collins Top Concern for Employers: Insider Threat Fusion Centers Finger-Print Database Failures Decision Makers Indifference to Security Threats Intelligence-Led Security in General is a Proven Method to Mitigate Security Threats. Brandon Collins Top Concern for Employers: Insider Threat Uninterrupted Access Perceived Security Verification After Background Check

11 Brandon Collins Fusion Centers State, Local and Tribal Law Enforcement with Homeland Security Lack of Intelligence Analysis Doctrine Result, Re-Inventing the Wheel Brandon Collins Finger-Print Database Failures Suspected Al-Qaeda in Iraq Members American Eagle Flight Attendant Brandon Collins Decision Makers Indifference to Security Threats Short Term: Saves money Long Term: Cost Lives and Mass Amount of Funds

12 Brandon Collins Intelligence-Led Security in General is a Proven Method to Mitigate Security Threats. Stephen Heifetz Vulnerability to Terrorist Attacks Inherently High for the Hospitality Industry June 2011, Hotel Intercontinental Kabul, Afghanistan November 2008, TajMahal Agra, India November 2008, Oberoi Trident Hotel Mumbai, India Stephen Heifetz Department of Homeland Security Programs for Hospitality Businesses to Reduce Risk: SAFETY Act: Formal Liability Protections to Vendors and Users of Approved Anti-Terrorism Technology NFL Received Approval for it s Stadium Best Practices (considered a technology) Thus, Hotel Security Plans may Qualify PS-Prep: A Voluntary Private Sector Preparedness Program, can Mitigate Risks Across a Broader Range of Catastrophes (not limited to terrorism). Companies Meeting Federal Preparedness Standards are More Easily Protected against Litigation and Government Investigations

13 Stephen Heifetz While Many Industries Have Taken Advantage of Risk Mitigation Programs, the Hospitality Industry Largely has Ignored Them. That is a Mistake. Jerry Hamilton Recent Hospitality Litigation Regulation of Security Plans Screening Measures Access Control Security Jerry Hamilton Federal Mandates on Private Hospitality Entities To Protect Evidence Centralized Information of Crimes, Available upon Request to Enforcement Officials Issues and Solutions

14 Jerry Hamilton Federal Requirement for Statistical Compilations of Incidents Maintained on Internet Sites Provides Numerical Accounting of Crimes Use: Public Access and Informed Consent Issues and Solutions Jerry Hamilton Borderless Reporting Reporting of Certain Incidents/Crimes Regardless of Nationality of Victim or Location Issues and Solutions Jerry Hamilton Certifications and Training Required by FBI for Operations to Begin Crime Prevention Crime Detection Evidence Preservation Criminal Activity Reporting Issues and Solutions