Port Administration and Legal Issues SeminarPage 1

February 12-14, 2007 ● Miami, FL

Port Administration

and Legal Issues Seminar

February 12-14, 2007

Marriott Biscayne Bay Hotel  Miami, FL

Monday,February 12

8:30–9:00 a.m.

/ Registration and Continental Breakfast

9:00–9:15a.m.

/ Welcome and Opening Remarks
Jean C. Godwin, Esquire
Executive Vice President
American Association of Port Authorities
Alexandria, VA / Cathy Orleman, Esquire
Principal Counsel
MarylandPort Administration
Chair, AAPA Law Review Committee

9:15-10:45 a.m.

/ Insurance Recovery for Hurricanes and Other Natural Disasters
Panelists will address the importance of recouping losses with an aggressive insurance recovery program. Recouping losses through FEMA will also be discussed.
Speakers:
Finley T. Harckham, Esquire
Attorney
Anderson Kill & Olick, P.C.
New York, NY
Rhonda Orin
Partner
Anderson Kill & Olick, P.C.
Washington, D.C. / Peter Potemkin
Deputy Director, Disaster Recovery
Consulting
Adjusters International
Talent, OR

10:45 –11:00 a.m.

/ Break

11:00 a.m. – Noon

/ Keynote Address on International Operations in U.S. Ports—the Furor over the Sale of P&O Ports to DP World
Speaker:
John Bradley, Esquire
Vedder, Price, Kaufman & Kammholz
New York, NY
Counsel to P&O Ports

Noon – 1:30 p.m.

/ Lunch

1:30 – 3:00 p.m.

/ Addressing Port Development Challenges – Part I
A facilitated discussion based on a hypothetical will address port/tenant relations, assignment and termination of leases, utilizing port tariffs as a risk management tool, competitive bidding vs. open negotiation, regulation under the Shipping Act, bankruptcy, pricing and fees.
Discussion Leader:
Ms. Orleman
Panelists:
Tom Tanaka, Esquire
SeniorPort Counsel
Port of Seattle
Vice Chair, AAPA Law Review Committee
Russell Morrison, Esquire
SeniorAssistantCounty Attorney
Port Everglades / Robert Brownlee, Esquire
Thompson Coburn, LLP
St. Louis, MO
Frank McNiff
Attorney
Welder Leshin
Corpus Christi, TX
Monday,February 12 (continued)

3:00 – 3:15 p.m.

/ Break

3:15 – 4:30 p.m.

/ Addressing Port Development Challenges – Part II

Evening

/ Reception
Tuesday, February 13
8:00–8:30 a.m. / Continental Breakfast
8:30– 10:15 a.m. / Environmental Issues Facing Ports
This session will address recent developments re Port transactions with environmental liability implications and case law developments pertinent to Port operations, including new and emerging criteria for environmental due diligence for establishing environmental baseline conditions at leased properties and buyer non-liability regarding acquisitions and sales of properties. It will also address critical legal developments in the areas of ballast water, environmental enforcement of health and safety violations and other hot legal topics of the day.
Speakers:
Micheal W. Dobbs, Esquire
Connelly Baker et al.
Houston, TX
David Ashton, Esquire
Assistant General Counsel
Port of Portland / Robert L. Munroe, Esquire
Deputy Counsel
MarylandPort Administration
Robert Horkovich, Esquire
Anderson Kill & Olick, P.C.
New York, NY
10:15–10:30 a.m. / Break

10:30 – Noon

/ Current Developments in Human Resources
A discussion of at-will employment vs. termination for cause; the latest case law on discrimination and harassment; drug & alcohol testing; exposure to dangerous substances; and other issues.
Speakers:
Christopher P. Hammon, Esquire
Ogletree, Deakins, Nash et al.
Miami, FL
Gary E. Brush, PPM
Vice President, Finance & Administration
FraserRiverPort Authority / Donald F. Burke, Esquire
New Jersey Solicitor
The Port Authority of New YorkNew Jersey
Noon – 1:30 p.m. /

Lunch

1:30 – 2:45 p.m. /

Concurrent Session: SecurityIssuesFacingPorts and Cruise Lines

This session will cover legal issues arising from TWIC and port access restrictions (due process claims, etc.); provide a case study of Florida ports’ security experiences; and address cruise security issues.
Speakers:
Tom Schroeter, Esquire
Associate General Counsel

Port of Houston Authority

Charles E. Klug, Jr., Esquire

Port Counsel

TampaPort Authority /

Captain Howard A. Newhoff

Manager, Security

Royal Caribbean International and Celebrity Cruises

Tuesday,February 13 (continued)

1:30 – 2:45 p.m. /

Concurrent Session: Claims Handling - Damage to Cargo, Property, and Equipment

Moderator:
AndreaMarzette
Risk Manager
Port of Portland / Speakers:
Joe McDonald (invited)
Hugh Wood Inc.
White Plains, NY
Bill Sickinger (invited)
Risk Manager
Port of New Orleans
2:45 – 3:00 p.m. /

Break

3:00 – 4:30 p.m. /

Minimizing/Avoiding Liability in Port Construction Projects

Panelists will discuss the pros and cons of various types of construction contracts, alternative dispute resolution/arbitration/litigation, surety bonds, and how to utilize project managers or owners reps in protecting a port's interests .
Moderator:
Martha Williams, Esquire
Houston, TX
Speakers:
Dave McKenna, Esquire
Los Angeles, CA / Steven B. Bass, Esquire
Assistant CountyAttorney
Port of Miami
Karen White, Esquire
Vinson & Elkins
Houston, TX
Wednesday, February 14
8:30 – 9:00 a.m. /

Continental Breakfast

9:00 – 10:30 a.m. / Concurrent Session: Risk & Exposure Clinic

Panel members of this interactive session will present several unique risk and exposure scenarios. Attendees will be asked to identify risks and exposures of each scenario and possible solutions to minimize both.

Facilitator:
David Solis
Manager, RiskManagement
Port of Corpus Christi Authority / Panelist:
Roy Wilson
Vice President
Hugh Wood, Inc.
Philadelphia, PA

Concurrent Session: AAPA Law Review Committee Meeting

10:30 – 10:45 a.m. /

Break

Wednesday, February 14 (continued)

10:45 – 11:30 a.m. /

Concurrent Session: Insurance Procurement: RFP vs. RFQ vs. Bids

Panelists will discuss the three options available for the procurement of insurance coverages and the Pros and Cons of each.

Speakers:

Cindi J. HeffernanManaging Director

Hugh Wood, Inc. Seattle, WA

/

David Solis

Concurrent Session: AAPA Law Review Committee, continued

11:30 a.m. /

Seminar Adjourns