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Aviation LitigationTuesday, June 26 to Wednesday, June 27, 2012
The Historic Omni Parker House Hotel, Boston, MA
Day One – Tuesday, June 26, 2012 7:30 Business Development Master Class (see page 7 for details) 9:00 Main Conference Registration and Coffee Served 9:30 Co-Chairs’ Welcoming Remarks William D. Janicki Of Counsel Morrison & Foerster LLP J. Denny Shupe Director Partner FedEx Corporation Inc. Schnader Harrison Segal & Lewis LLP 9:35 In-House Counsel and Claims Officer Think Tank: Manufacturers, Carriers and Insurers Speak Out on Case Evaluation and Managing Costs of Litigation and Insurance The Manufacturers 9:35-10:35 (morning coffee break from 10:35-10:40) Mark J. Larson Vice President & Chief Litigation Counsel Honeywell Aerospace Jarod Goff Senior Litigation Counsel Garmin International, Inc. Karl Hennessee Vice President, Litigation & Regulatory Affairs GCL - Central Legal Affairs Airbus S.A.S. James V. Marks (invited) Vice President & General Counsel Dassault Falcon Jet Corp The Carriers 10:40-11:40 Joanna Geraghty Executive Vice President, Chief People Officer JetBlue Airways Michael C. Henning Managing Director & Senior Counsel - Litigation United Air Lines, Inc. David J. Hayes III Vice-President & General Counsel Trans States Holdings, Inc. David Rheault Counsel - Litigation Air Canada The Insurers 11:40-12:40 Russell M. Mirabile Senior Vice President, Head of Specialty Claims North America XL Insurance Company Kevin W. Murphy Director, Aviation Claims Allianz Global Corporate & Specialty David A. Seiler Vice President United States Aircraft Insurance Group W. Timothy McSwain Chief Claims Officer Aviation/Americas Allianz Global Corporate & Specialty Each of the above 3 panels co-moderated by: Andrew C. Spacone Of Counsel Shareholder Kathleen M. Guilfoyle Adler Pollock & Sheehan P.C. Campbell Trial Lawyers (Former Deputy General Counsel and Assistant Secretary at Textron, Inc.) Case Evaluation • Settlement vs. litigation: evaluating the cost of defense versus chronic settlement and precedential value • Reaching an early and cost effective resolution of class action claims • How to weigh reasons for the economic resolution of a case against the prevention of future lawsuits through defense Managing Costs in Litigation and Insurance • Budgeting the overall expense of taking a case to trial with keeping a case resolvable without the need for trial • Managing costs of defense in large scale litigation, including: Use of experts; Daubert rulings; Discovery and E-discovery burdens • Staying in-house versus seeking outside assistance • Understanding the key risks and protections offered by insurance coverage: Staying up to date on the latest trends and claims and preemptively adopting the necessary insurance policies • Valuing Claims: Efficiently managing insured claims and maintaining workable rates; Assessing personal injury damages; Surge of post 9/11 wrongful death insurance settlements • Ensuring compliance with the Warsaw and Montreal Convention 12:40 Networking Luncheon for Speakers and Delegates 1:50 The International Aviation Market: How to Counsel Your Clients on the Pitfalls & Litigation Risks of Doing Business in BRIC Countries, London, Canada and Puerto Rico John G. Sams Associate General Counsel for International Business Bell Helicopter Textron James B. Blaney Senior Counsel, Americas British Airways PLC Lisa J. Savitt Counsel Crowell & Moring LLP A panel of in-house counsel and outside counsel litigators will drill down on the pitfalls and future opportunities of the business aviation industry in: • The BRIC countries: Brazil, Russia, India and China o BRIC countries’ aviation expansion, and its effect on the US, France, and the UK aviation industries o New litigation and news o FCPA/UK Bribery Act compliance o The impact of the Bribery Act on carrier and manufacturer activities in BRIC o How are the insurance markets coping with BRIC countries • The US lawyer’s place in: o The London aviation market o The Canadian market o Puerto Rico and the Caribbean • Globalization and how it’s changing the aviation business model o The impact of globalization on litigation and counsel 2:45 Aviation Year in Review: A Hands-On Examination of the Key Judicial Decisions and Legislative Efforts, What They Mean for the Practice and Their Impact on Your Pending Cases J. Denny Shupe Partner Schnader Harrison Segal & Lewis LLP Barry S. Alexander Senior Counsel Clyde & Co US LLP Jennifer P. Henry Partner Thompson & Knight, LLP Christopher A. Duggan Partner Smith Duggan Buell & Rufo LLP • Legislative update: issues getting the most attention from Congress, including: o Security issues o Passenger delays o Safety initiatives, including air races • Connecting carrier liability and pilot duty rules o Continuing issues arising out of Colgan Flight 3407 o Rules governing flights operated by small regional carriers o Rules governing pilots, including minimum qualifications, rest requirements and disclosure of medical records o Pilot duty time and what’s being done to ensure that flight crew performance is not compromised o Recent cases in this area • Ground service cases o Are vehicles designed solely for use on an air strip governed by general motor vehicle regulations? o What regulations currently govern o Recent cases on this issue • Energy related initiatives o The effect on climate change and global warming o How airlines can be exposed to liability for exhaust and gas emissions • Helicopter liability o Interaction between medical and flight crews in Aero medical and MedEvac incidents o NTSB focus 3:45 Afternoon Refreshment Break 3:55 Government Update: NTSB and FAA Perspectives on the Latest Trends in Enforcement and Litigation Robert Combs Assistant General Counsel National Transportation Safety Board Christopher Poreda Regional Counsel, New England Federal Aviation Administration Moderator: Paul A. Lange Managing Member Law Offices of Paul A. Lange, LLC (Former Staff Attorney of the FAA Eastern Region Assistant Chief Counsel’s Office) • Enforcement and litigation risks, including: o Pilot duty time o Criminal liability - Pilot medical and criminal history - Criminal prosecution for crashes - Policy concerns over criminal liability creating punishment for cooperating in accident investigations o The latest on civil penalties and what risks most expose manufacturers and carriers • Update on recent FAA cases and enforcement priorities o FAA Reauthorization Act and its implications for the aviation industry o The future of FAA safety management system (SMS) initiatives • Update on current NTSB investigative practices and accident investigation o Best practices and the role of counsel in working with NTSB investigators o Obligations when NTSB is involved in litigation 5:00 Incorporating New Developments Relating to Preemption and GARA into Your Litigation Strategy Frederick C. Schafrick Partner Goodwin Procter LLP David P. Herman Partner Murray, Morin & Herman, P.A. Kathryn J. Humphrey Member Dykema Gossett PLLC Roger W. Clark Partner The Clark Law Group Preemption • Recent developments in the law, including: o Tort claims arising from passenger disembarkation - Circuit split after Abdullah v. American Airlines - State law versus the FAA and ACAA o Preemption under the Air Carrier Access Act o Preemption claims against flight schools and flight instructors o Lessor’s liability exposure - Uncertainty of 49 USC §44112 - Vreeland v. Ferrer - Aircraft, complete crew, maintenance and insurance (ACMI) wet leases - What liability does an owner not in possession or control of an aircraft face? • The balance between preserving the jury function and uniform FAA standards o Does certification by the FAA immunize a manufacturer? o The effect of jury disagreements between states o What result when FAA standards are silent on a particular issue o The effect of preemption on punitive damages o The preemptive effect of Warsaw and Montreal o The state of the “knowing misrepresentation” exception • Remedy vs. duty of care • Scope of preemption • Field preemption • Conflict preemption GARA • Recent developments in the law, including: • Are manuals aircraft parts under GARA? o Flight operations manuals versus maintenance manuals o Complications surrounding replacement parts: burden of proof, allowable claims, liability of OEM for part manufactured by another • Determining whether GARA will provide a complete defense o Preventing plaintiff attempts to get around claims barred by GARA o The impact of statutes of repose 6:00 Conference Adjourns 7:30 Continental Breakfast 8:00 View from the Bench: Renowned Judges Provide Unique Insights on How They Interpret Evidence and Arguments Specifically in the Aviation Context The Honorable Warren Eginton Senior U.S. District Court Judge, D. Conn. The Honorable Lee Yeakel U.S. District Court Judge, W.D. Tex. The Honorable Richard S. Schmidt U.S. District Court Bankruptcy Judge, S.D. Tex. The Honorable Robert B. Collings U.S. Magistrate Judge, D. Mass. The Honorable Mildred E. Methvin U.S. Magistrate Judge, W.D. La. The Honorable Louisa S. Porter U.S. Magistrate Judge, S.D. Calif. Moderator: Jeffrey J. Ellis Partner Quirk and Bakalor, P.C. 9:30 View from the Plaintiffs’ Bar: Tailoring Your Defense Strategy in Light of the Latest Claims and Theories of Liability Being Advanced by Your Adversaries James P. Kreindler Partner Kreindler & Kreindler LLP Ricardo M. Martínez-Cid Partner Podhurst Orseck, P.A. • Which claims are most attractive to the plaintiffs’ bar? • Understanding the plaintiffs’ approach to: o Managing aviation claims o Requesting and/or exchanging discovery o Dealing with retained and opposing expert witnesses • Claims and theories of liability that are on the horizon 10:15 Morning Coffee Break 10:30 A Focus on Foreign Crashes/Incidents: Navigating the Complexities of FNC, Criminal Liability, Venue and Choice of Law Thad T. Dameris Partner Hogan Lovells US LLP William D. Janicki Of Counsel Morrison & Foerster LLP Ann Thornton Field Member Cozen O’Connor LLP Gregory W. Carboy Partner Cowles & Thompson PC • The latest decisions involving FNC and jurisdictional discrepancies o Spanair Flight 5022 litigation o Air France 447 litigation o US Air suit and the effect of the French high court’s decision to dismiss the litigation - Conflict between Cour de Cassation ruling and the 11th Circuit Court of Appeals - Update on future plaintiff filings in the Southern District of Florida • Interplay between criminal prosecution and civil litigation in multiple countries resulting from a foreign crash o Evidentiary issues - Admissibility of foreign accident reports and other foreign documents - Admissibility of NTSB in foreign reports - Foreign damages • Non-traditional forums and the risk of certain jurisdictions becoming FNC black holes for defendants o Variation among state courts in keeping cases in their jurisdiction or moving them to foreign jurisdictions o Variations among state courts in handling cases with a tenuous, if any, relationship to the forum o Developments in personal jurisdiction • Federal Courts Jurisdiction and Venue Clarification Act o Effects on removal and venue • Choice of law issues o Best practices for choice of law analysis and motions on liability and damages o Challenging the plaintiff ’s choice of law o Choice of law in the context of foreign accidents involving an FNC defense o Federal Tort Claims Act 11:30 Defending and Managing Claims Involving Passenger Rights and Privacy, TSA Security Checks and Passenger/Cargo Screening and Tarmac Delays Frederick Alimonti Partner Alimonti Law Offices, PC Richard G. Grotch Shareholder Coddington, Hicks & Danforth William L. Waudby Shareholder Baker, Donelson, Beaman, Caldwell & Berkowitz, PC Nicholas E. Pantelopous Member Kaplan, Massamillo & Andrews, LLC • What risks exist for airlines in the wake of more stringent security measures due to the ongoing threat of terrorism? • How to defend against passenger discrimination claims, including profiling, discrimination and related civil rights claims • Litigation stemming from allegations of unequal access for the disabled • Handling passenger baggage delay and damage claims and ancillary litigation • TSA litigation o Health and privacy concerns over scanners o Do airlines have a duty to passengers alleging improper actions occurring during the screening process? o When are security personnel liable? • Privatization of security at airports • When are intermediaries in cargo screening liable under the Montreal Convention? • Federal/State cargo fee arrangements, and challenges posed • DOT inquiries and extraterritorial issues posed by tarmac delays • Do tarmac and gate delays give rise to private rights of action? • Subrogation of claims by insurers, and its implications for manufacturers and carriers o Subrogation in: property damage claims; personal injury 12:30 Innovative Pre-Trial and Trial Strategies for Defending Against Aviation Claims: Managing E-Discovery, Using Expert Witnesses and Communicating with the Jury Elizabeth O’Neil Partner Hawkins Parnell Thackston & Young LLP Christopher D. Brown Partner Wilson Elser Moskowitz Edelman & Dicker LLP Shalem Massey Partner Bryan Cave LLP Bryan Cave LLP Jonathan E. DeMay Partner Condon & Forsyth LLP Moderator: Jill M. Leibold, P.h.D. Director - Jury Research Litigation Insights E-discovery and Its Increasing Involvement in Aviation Litigation
1:50 End of Conference – Lunch for Master Class B Participants |
Brochure
 - click image for pdf - Dates: Tue, Jun 26, 2012 Wed, Jun 27, 2012 Location:
The Historic Omni Parker House Hotel Boston, MA |
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Conference Details |
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