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.
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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)
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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
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Delta: Call 800.328.1111 or visit www.delta.com and use
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before Feb 28, 2014) and Meeting Event Code
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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.