TRANSPORTATION LAW EXCHANGE

Transcription

1 C L I E N T COACH AIRFARE AND (1) NIGHT LODGING PAID BY USLAW NETWORK USLAW NETWORK E X C H A N G E TRANSPORTATION LAW EXCHANGE FEBRUARY 22-23, 2016 GRAND HYATT DFW AIRPORT DALLAS, TEXAS Register online at

2 E X C H A N G E WHAT IS THE TRANSPORTATION LAW EXCHANGE? The 2016 USLAW NETWORK Transportation Law Exchange is an influential one-day, highly interactive educational program that focuses on the compliance, safety and accountability of transportation safety programs implemented by the nation s motor carriers and operators. Discussions will focus on the creation, implementation and repercussion of safety policies and procedures as well as the use of that information to hold motor carriers and operators to a higher stander of care. We will discuss provisions most commonly used in litigation, how to refine policy and procedures and how best to defend if litigation ensues. The Exchange which promotes discussion among participants not just talking heads and PowerPoints has been designed for safety directors and risk managers for motor carriers and operators. TOPICS are varied and wide-ranging and include in-depth review of defects in the CSA program, the impact of the legalization of marijuana, getting the most out of new safety technology, and other topics of great concern to today s transportation industry. USLAW CORPORATE PARTNERS

3 T PICS DON T BE HOISTED ON YOUR OWN PETARD: Defending Against Your Own Manuals, Policies and Procedures Employee handbooks, manuals, policies and procedures are omnipresent in the transportation industry. They can serve as valuable tools in orienting and training your employees regarding a variety of topics, including those pertaining to safe operations. However, these same documents, created with the best of intentions, can become troublesome under the scrutiny of litigation. Opposing counsel are increasingly using a defendant s own published materials in an effort to establish a higher standard of care, and in turn negligence, or even gross negligence, where there is a violation. This session will review some common pitfalls encountered in the creation and implementation of employee handbooks and workplace policies. Attendees will be encouraged to bring their own company materials to discuss such hot topics as workplace safety, accident response, use of electronics and drug testing. Moderators will present real life examples of how these materials have been used against motor carriers and coach operators, and how they can be modified to accomplish their goals without being harmed by your own words. ELEVATING THE STANDARD OF CARE When it Comes to Medically Qualifying Drivers Critics of motor carriers and coach operators have long argued that they should be held to a higher standard than others operating on the country s roadways. These critics have found support for their position in language interpreting applicable provisions from the Federal Motor Carrier Safety Regulations (FMCSR) and certain state statutes defining common carriers. This ubiquitous argument is recently being honed on the topic of medically qualifying drivers. In an effort to promote reptile theories that resonate with jurors and make admissible evidence of possible fatigue, plaintiff s lawyers are now asserting that mere compliance with FMCSR provisions governing medical qualification is not enough. Instead, they are contending that motor carriers and coach operators should be knowledgeable of their driver s entire medical history and should serve as their own certified medical examiner before allowing a driver behind the wheel. Such arguments raise difficult decisions when balancing privacy rights, compliance with regulations, and the practical realities of monitoring a large driving fleet. This session will address some of the new issues being raised and the best practices for rebutting these arguments. INHERENT DEFECTS IN THE CSA PROGRAM The FMCSA s Compliance, Safety, Accountability (CSA) program was designed to improve motor carrier safety and reduce crashes. It attempts to do so by increasing FMCSA contact with motor carriers and drivers, identifying certain high risk behaviors and trying to correct these behaviors. The program has been credited with changing the culture at many companies and forcing them to place safety at the forefront of their operations. However, since its implementation, the CSA program has demonstrated multiple shortcomings, including most notably: CSA does not account for crash fault. In other words, it seems unfair to motor carriers and drivers if crash fault is not determined when computing the scores. Other issues include disparate enforcement among the various jurisdictions, safety and event groups and lack of access/secret scoring system. This session will address the shortcomings of the CSA program in an interactive format and what potential solutions might be available to the motor carrier. CONTINUED...

4 T PICSCONTINUED... SAFETY TECHNOLOGIES: Now That You Have Them, What are You Doing with the Data? The transportation industry has been inundated with new safety technologies. They include on-board cameras with in-cab monitoring and coaching, electronic on-board records, collision avoidance systems, fatigue recognition and alert systems, and lane departure warning systems. Most major motor carriers and coach operators have invested in and implemented at least a few of these technologies. Studies show that the investment is paying off as the percentages of serious accidents are being reduced. Every good thing has a bad side. Most of these safety technology systems have various options and add-ons. They all generate a lot of information and data especially when employed over a large fleet of vehicles and drivers. When an accident inevitably occurs, challenges arise locating and securing data generated, and explaining why data potentially available was not fully vetted beforehand. This session will discuss the types of information and data generated by these systems, preservation issues, and potential traps if the information and data aren t regularly monitored. THE IMPACT OF LEGALIZATION OF MARIJUANA ON MOTOR CARRIER DRUG TESTING POLICIES Twenty-three states and the District of Columbia have enacted laws legalizing marijuana for medical and/or recreational use. This legalization has put pressure on employers to revisit their drug testing policies, practices and attitudes. Although the state regulations do not impact commercial drivers, there are potential ramifications for all other employees. This session will review current state regulations, pending legislation, the Feds response and challenges to drug testing programs in state courts based upon privacy and accommodation. Whether you want to maintain a drug-free workplace or choose to be more accepting in light of state law changes, we will provide a framework for the creation of a drug testing policy that you will be able to defend and uphold.

5 AG NDA MONDAY February 22, :00 P.M. 5:00 P.M. Closed Door Peer-to-Peer Only Roundtable (by special invitation only) 2:00 P.M. 5:00 P.M. USLAW Member Attorneys and Corporate Partners Only Meeting 6:30 P.M. 9:30 P.M. An Evening at Austin Ranch TUESDAY February 23, :00 A.M. 8:00 A.M. Breakfast and Registration 8:00 A.M. 8:10 A.M. Opening Remarks 8:10 A.M. 12:00 P.M. Transportation Law Exchange Topics 12:00 P.M. 1:00 P.M. Lunch for All Attendees 1:00 P.M. 2:00 P.M. Transportation Law Exchange Topics Continued 2:00 P.M. Close of Program and Departures E X C H A N G E Join Us for a Special Closed Door Peer-to-Peer Only Roundtable USLAW has heard your request, and will provide for those risk, claims, and litigation managers in attendance, an opportunity to gather and meet with your friends and peers in the industry to discuss hot issues and potential solutions to problems facing the transportation industry today. During this three-hour session, we will prohibit any attorneys or vendors from participating during this session to allow for a true open forum. The group will be able to raise issues and concerns during the following day s educational symposium to have further dialogue if necessary.

6 austin A N E ranch V E N I N G A T Join USLAW NETWORK for a little country/western fun... at Austin Ranch, one of the oldest ranches in Texas. Austin Ranch has been in operation since the late 1800s. Nestled on more than 90 spectacular acres of lush rolling hills and dense woods, including a 10-acre private lake, Austin Ranch is a great piece of country... just moments from the city. Enjoy the life of a cowboy, if for only a brief time, with USLAW NETWORK. Great music and fine Texas fare make for a true taste of the Old West... USLAW-style. Ground Transportation is provided from the Grand Hyatt DFW Airport to Austin Ranch. Casual attire suggested.

7 H TEL USLAW NETWORK TRANSPORTATION LAW EXCHANGE GRAND HYATT DFW AIRPORT LOCATION Grand Hyatt DFW is located within the airport complex (International Terminal D), eliminating the need for outside transportation. ABOUT THE HOTEL Enjoy your time at Grand Hyatt DFW, one of the most modern hotels in the Dallas-Fort Worth region just minutes from the heart of Grapevine, Texas. Located inside Dallas Fort Worth Airport at International Terminal D, this contemporary hotel delivers attentive service to ensure you feel like a valued guest throughout your stay. Rest easy in luxurious guestrooms, while attending the USLAW Transportation Law Exchange.

8 WHY U LAW In today s global marketplace, legal needs often transcend geographic boundaries. To operate globally, you need to have an edge locally. This requires an in-depth understanding of local cultures, economies, laws, governments, trends and business climates. This kind of edge not only enhances your competitive position, but also allows you to anticipate and even influence changes in the market, and to react quickly and effectively. Clients with these types of complex needs turn to USLAW NETWORK (USLAW) member firms to represent them in the courtroom and the boardroom, next door and across the United States and around the world. USLAW member firms are some of the most highly respected law firms in their respective jurisdictions. Each member firm is admitted only after substantial due diligence and is rigorously reviewed to ensure they meet USLAW quality service standards. The collective expertise of USLAW member firms is impressive. National and international law firms, while they may have scores of offices, do not have access to the depth of the legal resources available through USLAW. As well, our lawyers know and respect each other. Through friendship, networking and resource-sharing, USLAW attorneys develop the type of cooperation and client-focused service that corporations demand of their legal counsel.

9 ABOUT THE TRANSP RTATION PRACTICE GROUP The USLAW Transportation Practice Group is dedicated to an open exchange of ideas and information between and among clients and lawyers through seminars, roundtables, compendiums, and webinars. The goal of the practice group is to insure that USLAW Transportation clients have access to highly qualified and committed attorneys who can represent the best interests of clients in the most efficient, cost effective and professional manner. Why Choose USLAW Transportation Law Firms? USLAW member firms have an established reputation for handling transportation matters in a creative, efficient and effective manner. Member firms lawyers include leaders in the industry who have lectured and written extensively on cutting edge topics as well as trial and litigation techniques and effective file management strategies. Member firms specialize in handling litigation and commercial matters for motor carrier, air carrier, marine and rail companies as well as other businesses that service the transportation industry. In addition, many member firms have experienced immediate response teams in place to aggressively respond to emergencies that confront transportation industry clients. AREAS OF PRACTICE Member firms are experienced in consulting with clients in the trucking, airline, marine and railroad industries on the following types of litigation and commercial matters: American with Disabilities Act Cargo loss Catastrophic accident/injury/tort claims Commercial transactions Hazardous materials Independent contractor/employee status issues Insurance coverage issues Labor/Employment/Workers compensation Multi-modal coverage Passenger security Product liability Property loss Regulatory compliance Repetitive stress Toxic exposure

10 E X C H A N G ER GISTRATION Complete the information below and , fax or mail to USLAW. FEBRUARY 22-23, 2016 GRAND HYATT DFW AIRPORT DALLAS, TEXAS Mail registration form to: Roger Yaffe USLAW NETWORK Transportation Law Exchange 3111 N University Drive Suite 400 Coral Springs, FL FULL NAME (E.G., JOSEPH A. SMITH) TITLE COMPANY NAME ADDRESS NICKNAME ON BADGE Fax registration form to: (800) registration information to: roger@uslaw.org Register online at: transportation-exchange/ CITY, STATE, COUNTRY, ZIP PHONE FAX YES YES I WOULD LIKE MY COACH AIRFARE AND (1) NIGHT LODGING PAID BY USLAW NETWORK I WILL ATTEND THE EVENING EVENT AT AUSTIN RANCH MONDAY, FEBRUARY 22 FOR QUESTIONS, PLEASE CALL (800) EXT. 1 REGISTRATION DEADLINE: MONDAY FEBRUARY 15, 2016 Register online at