2021 ATA Litigation Center's Trucking Legal Forum Sponsors

About the ATA Litigation Center

The ATA Litigation Center was incorporated in Virginia in May 1985. As originally conceived, the ATA Litigation Center was designed to pool individual carrier resources so as to allow the industry to pursue costly litigation whose financial burden would be too great for an individual trucking company to bear. Its corporate mission was identified as the promotion and defense of motor carriers’ common interests through advocacy, litigation, education, and information. The ATA Litigation Center’s activities are overseen by a 33-person Board of Directors and its day-to-day operations managed by an in-house professional staff. The ATA Litigation Center represents ATA in cases that have broad public policy implications for the trucking industry. The ATA Litigation Center selects the cases in which it will participate based on objective selection criteria, including chance of success, precedential value, benefit to the industry, and cost.

The ATA Litigation Center serves ATA, ATA members, and affiliated entities such as the state trucking associations. Over the last quarter century, the ATA Litigation Center has represented the trucking industry in courts throughout the nation (including nearly 20 cases in the U.S. Supreme Court) and backed members as an amicus in scores of cases with industry-wide importance. The Lit Center also monitors and educates members about legal developments in courts and legislatures that will affect the industry. To learn more, go to: http://www.trucking.org/Law_and_Litigation.aspx.

In addition to the Trucking Legal Forum every summer, the ATA Litigation Center regularly hosts monthly Law Review webinars. The Lit Center also hosts a Motor Carrier Class Action Roundtable at ATA’s Management Conference & Exhibition each October, an opportunity for motor carriers and attorneys dealing with the ongoing wave of class action litigation against the trucking industry to converse about recent developments and emerging challenges. And the Lit Center holds its Highway Accident Litigation Roundtable each May, as part of ATA’s Mid-Year Management Session. Anyone interested in more information may contact Rich Pianka at [email protected].

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SUNDAY, JULY 25 1:45 PM - 2:45 PM 3:40 PM - 4:00 PM Medical Financing in Truck Accidents: Break 1:00 PM - 5:30 PM Phantom Damages, Secret Registration/Information Desk Communications, and Referral 4:00 PM - 5:15 PM Dolley Madison Foyer Networks Technology and Data Privacy Dolley Madison Ballroom Implications for Independent 3:00 PM - 5:00 PM Contractor Relationships The Ethics of Negotiation: What Do 3:30 PM - 7:00 PM Dolley Madison Ballroom You Do When Your Opponent Optional Activity: Makes a Mistake? Dupont Circle Food Tour 5:30 PM - 6:30 PM Dolley Madison Ballroom Meet in Main Lobby at 3:30 Cocktail Reception The Potomac Room 5:30 PM - 6:30 PM Cocktail Reception TUESDAY, JULY 27 6:30 PM - 10:00 PM The Potomac Room Optional Activity: Sunset DC 7:00 AM - 7:50 AM Highlights Tour Breakfast MONDAY, JULY 26 Montpelier Room Registration Fee: $55 per person – register by form 7:00 AM - 7:50 AM 7:30 AM - 5:30 PM Meet in Lobby at 6:15 Breakfast Registration/Information Desk Montpelier Room Dolley Madison Foyer WEDNESDAY, JULY 28

7:30 AM - 3:00 PM 8:00 AM - 9:30 AM 7:00 AM - 7:50 AM Registration/Information Desk Don’t Be a Victim! Controlling the Breakfast Dolley Madison Foyer Narrative to Reduce Exposure to Montpelier Room Punitive Damages and Nuclear Verdicts 8:00 AM - 9:00 AM Dolley Madison Ballroom 7:30 AM -12:30 PM ATA President’s Welcome Sponsored by EROAD Registration/Information Desk Dolley Madison Ballroom Dolley Madison Foyer 9:30 AM - 10:00 AM 9:00 AM - 10:00 AM Break 8:00 AM - 9:30 AM There’s A New Sheriff in Town: A Who Wins? A Debate on New Way to Approach Resolution of 10:00 AM - 11:00 AM Developments and Challenges Catastrophic Cases Quick Hits: Practical Solutions to in Trucking Contracts Dolley Madison Ballroom Routine Legal Dilemmas Dolley Madison Ballroom Dolley Madison Ballroom 10:00 AM - 10:20 AM 9:40 AM - 10:40 AM Break 11:10 AM - 12:10 PM Weathering the Cyber Attack or The Independent Contractor Model 10:20 AM - 11:50 AM Data Incident as a Business in Trucking—2021 and Beyond Dolley Madison Ballroom Preventing “Reptile” Nuclear Verdicts: Dolley Madison Ballroom 30(b)(6) Deposition Testimony 10:50 AM - 11:50 AM Dolley Madison Ballroom 12:15 PM - 1:15 PM The Crooked World of Staged Lunch 12:00 PM - 1:00 PM Accidents The Potomac Room Dolley Madison Ballroom NTSB Speaker - Highway Safety: Preparing for and Responding 1:15 PM - 2:30 PM Sponsored by EROAD to a NTSB Investigation Is Sleeper Berth and Other Forms of Dolley Madison Ballroom Off-Duty Time Compensable Under the FLSA and State Laws? 1:00 PM- 1:45 PM Dolley Madison Ballroom Lunch The Potomac Room 2:40 PM - 3:40 PM Beyond New Prime: Has the Dust Settled for Arbitration in Trucking? Dolley Madison Ballroom

4 2021 Schedule of Events SUNDAY, JULY 25

3:00 PM - 5:00 PM: The Ethics of Negotiation: What Do You Do When Your Opponent Makes a Mistake? This interactive program uses hypotheticals to explore lawyers’ confidentiality and disclosure duties in the context of non-clients’ misunderstanding and mistakes. Among other things, the program will address: the difference between ethics and professionalism; dealing with unrepresented persons who may misunderstand a lawyer’s role; negotiation ethics (including adversaries’ factual or legal misunderstanding, substantive mistakes, or scrivener’s errors); litigators’ disclosure duties in the face of litigation adversaries’ or courts’ misunderstanding, mistakes, or scrivener’s errors. Presenters: Thomas E. Spahn, Partner, McGuireWoods, Tysons, VA

MONDAY, JULY 26

8:00 AM - 9:00 AM: ATA President’s Welcome ATA President and CEO, Chris Spear, will welcome attendees and provide an overview of the Industry’s efforts regarding a number of top legal, legislative, and regulatory priorities. Presenter: Chris Spear, President & CEO, American Trucking Associations, Arlington, VA

9:00 AM - 10:00 AM: There’s A New Sheriff in Town: A New Way to Approach Resolution of Catastrophic Cases For years, commercial motor carriers have conducted detailed investigations of accidents and gathered volumes of information regarding claims. Oftentimes, that information sits on a computer or even in a file cabinet for months until a lawsuit is filed. But, what ATTIC, a large risk retention group, has realized is that trucking accident cases seldom get better with age. As a result, it has established a national settlement counsel program to address the prompt and fair resolution of accident claims. This session will feature a discussion of the program, how cases get into the program, the great results that have been reached from cases in the program, and how it can be replicated in any size company. Both the general counsel of ATTIC and the national settlement counsel will discuss all aspects of the program. Join us for this high energy and timely discussion with lots of audience input! Presenters: John R. Tarpley, Shareholder, Lewis Thomason, Nashville, TN Trevor Uffelman, General Counsel, Chief Claims Officer, and Corporate Secretary, American Trucking and Transportation Insurance Company, Missoula, MT

10:20 AM - 11:50 AM Preventing “Reptile” Nuclear Verdicts: 30(b)(6) Deposition Testimony The 30(b)(6) deposition of the trucking company representative is recognized as being of utmost importance in the defense of a trucking lawsuit. Despite this, nuclear verdicts continue to devastate the trucking industry as the Reptile plaintiff attorneys have placed the crosshairs on the entire industry. This session will serve to a) expose the step- by-step psychological attack orchestrated by Reptile attorneys, b) identify and analyze the cognitive breakdowns that lead to witness failure, and c) provide neurocognitive interventions to prevent witness failure. Additionally, the discussion will focus on how to identify the right 30(b)(6) witness for a Reptile deposition, defend the deposition, and protect the record for trial. Presenters: Mike H. Bassett, Senior Partner, The Bassett Firm, Dallas, TX Bill Kanasky, Ph.D., Senior Vice President, Courtroom Sciences, Inc., Orlando, FL Terrance Pump, Director of Safety, CRST, Cedar Rapids, IA

5 MONDAY, JULY 26

12:00 PM- 1:00 PM NTSB Speaker - Highway Safety: Preparing for and Responding to a NTSB Investigation The NTSB is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation – highway, marine, pipeline, and railroad modes, as well as accidents related to the transportation of hazardous materials. Since its inception, the NTSB has investigated more than 149,000 aviation accidents and thousands of surface transportation accidents. The NTSB determines the probable cause of each accident it investigates and makes safety recommendations aimed at preventing future accidents. In addition, the NTSB carries out special studies concerning transportation safety. The recommendations that arise from NTSB investigations and safety studies are the NTSB’s most important tool to help prevent accidents and save lives. Hear from a member of the NTSB on activities of the board related to trucking. This session will provide insights into NTSB’s approach, experience, and guidance on legally preparing for and responding to an investigation. Presenter: The Honorable Jennifer Homendy, Member, National Transportation Safety Board, Washington, DC

1:45 PM - 2:45 PM: Medical Financing in Truck Accidents: Phantom Damages, Secret Communications, and Referral Networks The rise of lien-based medical treatment and the injection of capitalized third-parties into the doctor-patient relationships have exponentially increased the boardable medical specials in truck accident litigation. These changes also increase the complexity of discovery and require new avenues of inquiry to identify and tackle the interests of the medical providers, attorneys, and third-party financiers. After providing a quick overview of medical financing, this session will focus on the successes and challenges of obtaining medical financing information throughout the discovery process, what we have uncovered so far, and how we are using it during the litigation process. Presenters: Jeremy Goldstein, Executive Vice President of Claims, Protective Insurance, Carmel, IN Nathan Lundquist, Senior Vice President of Claims, Protective Insurance, Carmel, IN Zach Matthews, Partner, McMickle, Kurey & Branch, Atlanta, GA

TUESDAY, JULY 27

8:00 AM - 9:30 AM: Don’t Be A Victim! Controlling the Narrative to Reduce Exposure to Punitive Damages and Nuclear Verdicts Sponsored by EROAD Punitive damages awards and nuclear jury verdicts are on the rise. Motor carriers and their insurers don’t have to be victims of these costly outcomes. Presented from the perspectives of a motor carrier, a trucking insurance company, and a trucking attorney, this session is packed with practical take home tips on ways you can minimize exposure to punitive damages and nuclear verdicts. We will discuss what pre- and post-accident actions specifically drive large punitive awards and nuclear verdicts with emphasis on jury perception of conduct of the driver, trucking company policies and procedures, maintenance of equipment, and inflammatory evidence not specifically related to an accident. We will explore mitigation strategies which can change plaintiff counsel’s damages narrative such as admitting liability, admitting the driver was in the course and scope of employment, retaining separate defense counsel for the company and driver, preservation of evidence, use of expert witnesses, and tactics for addressing bad evidence. Presenters: Byron Ames, Founder and Managing Partner, Ames & Ames, LLP, Salt Lake City, UT Adam Beltz, Director of Select Risk Claims, Markel Services, Inc., Omaha, NE Brian Kohlwes, General Counsel and Chief Risk Officer, Hirschbach Motor Lines, Springfield, MA

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10:00 AM - 11:00 AM: Quick Hits: Practical Solutions to Routine Legal Dilemmas Motor carriers face myriad operational challenges every day, many of which have a legal component. For instance, motor carriers wrangle with aggressive towing companies, encounter customers who refuse to pay, have loads taken hostage by others, respond to freight claims, and much more. This panel will examine a number of such dilemmas, explain the governing law, and, most importantly, will identify and describe practical real-world solutions for the audience. While the audience will learn about the legal landscape governing the issues described above, the goal of the panel is to provide the audience with actionable steps that they can implement in their business immediately to enhance operations--and the bottom line--going forward. Presenters: Marc Blubaugh, Partner & Co-Chair, Transportation & Logistics Practice Group, Benesch Friedlander Copland & Aronoff, Columbus, OH Edwin Anglin, Vice President, Legal, USA Trucks, Inc., Van Buren, AR John Kellenberger, Partner and Vice President, US1 Industries, Inc., Valparaiso, IN

11:10 AM - 12:10 PM: The Independent Contractor Model in Trucking—2021 and Beyond This session will review the touchstone principles of independent contractor status of drivers on the state and federal level, while noting the shifting sands in the law under a new administration and in the face of the potential adoption of new independent contractors tests. Presenters: Gregory M. Feary, President & Managing Partner, Scopelitis Garvin Light Hanson & Feary, Indianapolis, IN Shannon M. Cohen, Partner, Scopelitis Garvin Light Hanson & Feary, Indianapolis, IN Jeff Jackson, Partner, Scopelitis Garvin Light Hanson & Feary, Indianapolis, IN Prasad Sharma, Partner, Scopelitis Garvin Light Hanson & Feary, Arlington, VA Ryan Wright, Partner, Scopelitis Garvin Light Hanson & Feary, Indianapolis, IN

1:15 PM - 2:30 PM: Is Sleeper Berth and Other Forms of Off-Duty Time Compensable Under the FLSA and State Laws? Almost 80 years ago the Department of Labor held that sleeper berth time was not compensable under the Fair Labor Standards Act (FLSA), and it issued a specific regulation in the 1960s to support that holding. Recently, however, plaintiffs have filed a number of class and collective actions challenging the meaning of theseegulations, r with some courts holding such off-duty time is non-compensable, other courts holding only eight hours of such time can be excluded from minimum wage, while still others holding that sleeper berth time is entirely compensable unless the carrier can show a number of requirements are satisfied. Other cases have challenged whether any “off duty” time is non-compensable for certain types of drivers, while other courts have held that such activities as studying must be compensated. While most cases have relied on the FLSA, other cases have relied upon state law. The results of these decisions have very real consequences, with judgments and settlements ranging in the tens of millions of dollars. In this program, panelists will discuss the holdings made by various courts, and what types of policies carriers can put into place to best protect themselves from exposure to this new round of FLSA collective and state class actions challenging the non-compensability of sleeper berth and other off-duty time. Presenters: Richard Rahm, Partner, DLA Piper, San Francisco, CA Jennifer R. Peterson, Senior Labor and Employment Counsel, Werner Enterprises, Inc., Omaha, NE Adam Smedstad, Partner, Scopelitis Garvin Light Hanson & Feary, Seattle, WA Robert Roginson, Managing Shareholder, Ogletree Deakins, Los Angeles, CA

8 TUESDAY, JULY 27 2:40 PM - 3:40 PM: Beyond New Prime: Has the Dust Settled for Arbitration in Trucking? Arbitration has long been an efficient method of resolving disputes for the business community at large. For trucking, the Federal Arbitration Act’s (FAA) transportation worker exemption presents a unique hurdle. The Supreme Court’s 2019 opinion in New Prime placed arbitration agreements with many independent contractors outside the reach of the FAA, holding that independent contractors have “contracts of employment” for purposes of the FAA. Left unresolved was another important question essential to determining applicability of the FAA to both employee drivers and independent contractors: what it means to be engaged in interstate commerce. After three federal appellate court opinions last year, generating further appeals to the Supreme Court, this session will take a timely dive into how this issue impacts the availability of arbitration under the FAA for certain segments of your drivers. And for workers that are exempt under the FAA, the panel will explore the viability of pursuing arbitration on a bilateral basis under state arbitration acts, as invocation of those laws increases. Finally, the panel will touch on what plaintiffs’ attorneys are doing to adapt to and complicate the potential benefits of arbitration. Presenters: Prasad Sharma, Partner, Scopelitis Garvin Light Hanson & Feary, Arlington, VA Braden Core, Partner, Scopelitis Garvin Light Hanson & Feary, Indianapolis, IN Troy Cahill, General Counsel, LaserShip, Inc., Vienna, VA

4:00 PM - 5:15 PM: Technology and Data Privacy Implications for Independent Contractor Relationships A perfect trifecta of challenges is facing the transportation industry. The technological solutions that have driven efficiency and profitability are allowing for far greater visibility and access to data than ever before. The regulatory regimes that govern the use of technology and data are emerging as complex and aggressive tools for society that result in greater financial and reputational risks than ever before. Rounding the trifecta, independent contractor issues remain increasingly under threat with laser focused scrutiny on the relationship between carrier and contractor in this brave new world where the carrier is electronically “in the cab” with the contractor. This session will explore the intersection of technology and independent contractor relationships to identify new areas of risk and best practices for deployment of cutting-edge technology across independent contractor fleets. Presenters: Jonathan Todd, Partner, Benesch Friedlander Copland & Aronoff, Cleveland, OH Helen Schweitz, Associate, Benesch Friedlander Copland & Aronoff, Chicago, IL

WEDNESDAY, JULY 28

8:00 AM - 9:30 AM: Who Wins? A Debate on Developments and Challenges in Trucking Contracts As a lawyer, when drafting a contract, it’s easy to view it as a monologue or Hammurabi’s Code, clearly dictating who will do what when, and who is responsible when they fail in their obligations. But the reality is, contracts are living dialogues. They’re advance dialogue with a party that may not be answering you back during the drafting process. They’re a dialogue with your client, answering their operational questions. They’re a dialogue with your client’s business partners, responding to demands of performance. And they’re a dialogue with future litigators, defending against claims and refuting imputations of liability. We will examine several typical transportation contract provisions from three angles: from the Drafter, pulling them together; from the Motor Carrier, putting them to use; and from the Litigator, taking them apart or defending them. As these three parties discuss and debate what the words on the page actually mean, we will involve the audience through polling to see which interpretation carries the day. Finally, we will supply the audience with sample provisions highlighting recommended language and structure for the contract topics we’ve discussed. Presenters: Kristen Johnson, Partner, Taylor & Associates, Winter Haven, FL Elizabeth Slattery, Associate, Taylor & Associates, Winter Haven, FL William “Bill” D. Taylor, Partner, Hanson Bridgett LLP, San Francisco, CA Brandi Brown, Claims Manager, HTS Logistics, LLC, Jacksonville, FL

9 WEDNESDAY, JULY 28

9:40 AM - 10:40 AM: Weathering the Cyber Attack or Data Incident as a Business It is not if, but when. Though companies may believe it won’t happen to them, businesses and governments large and small have suffered or will suffer a “data incident” or cyber-attack in some form—more than 2/3rds of small businesses, 1/4th of the Fortune 500, and multiple state and federal agencies and departments have fallen victim to an attack. These can include business email compromise, ransomware attack, hacktivist attack, or simply, an employee inadvertently providing sensitive information to the wrong person. Exercising appropriate cyber hygiene and being vigilant are key as companies across the board are under assault. Being informed about the threat landscape not only arms you against the attack, but also helps you lessen the negative impact on your brand should you fall victim. This session will discuss how you prepare, what you should try to do in advance, what happens once it occurs, and some insights and best practices for how to handle what will likely seem an emergency situation. Presenters: Lew Bricker, Partner, SmithAmundsen, Chicago, IL Molly Arranz, Partner and Chair of Data Privacy, Security and Litigation Practice Group, Smith Amundsen, Chicago, IL Clarence Easterday, Executive Advisor-Risk Management, Western Express, Inc., Nashville, TN

10:50 AM - 11:50 AM: The Crooked World of Staged Accidents Sponsored by EROAD Staged accidents aren’t new, but in recent years, perpetrators have begun more actively targeting commercial trucks because they tend to have larger dollar signs associated with them. This issue not only affects the targeted carriers, but is raising insurance rates industry wide and encouraging new criminals to enter the market. While the deck has historically been stacked against trucking companies, there are ways you can protect your fleet. As a culmination to our webinar series, in partnership with EROAD, we will address how pervasive staged accidents are, how to investigate and prove if you’ve been in a staged accident, and the steps to take (and NOT to take) to protect your business and yourself. In addition, we will discuss what ATA is doing on the advocacy front to address this issue. Presenters: Jim Angel, VP, Video Telematics, EROAD, Tualatin, OR Randy Guillot, President, Triple G Express, Inc., Immediate Past Chairman, American Trucking Associations, New Orleans, LA Jennifer Hall, General Counsel & Executive Vice President, Legal Affairs, American Trucking Associations, Arlington, VA

10 HansonBridgett.com Presenter Biographies

The Ethics of Negotiation: What Do You Do When Your Opponent Makes a Mistake THOMAS E. SPAHN practices as a commercial litigator with McGuireWoods in Tysons Corner, Virginia. Tom was selected as the 2013 and the 2020 metro-Washington DC “Lawyer of the Year” for “Bet-the-Company Litigation” by The Best Lawyers in America (Woodward/White, Inc.). In 2018, Virginia Lawyers Weekly selected him for inclusion in the inaugural Virginia Lawyers Hall of Fame. Tom has served on the ABA Standing Committee on Ethics and Professional Responsibility, and is a Member of the American Law Institute and a Fellow of the American Bar Foundation. He has spoken at over 2,000 CLE programs throughout the U.S. and in several foreign countries. Through links on his website bio, Tom has made available to the public: his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300-page summary of his two-volume 1,500-page book on the attorney-client privilege and work product doctrine; over 1,000 weekly email alerts about privilege and work product cases; materials for over 40 ethics programs on numerous topics, totaling about 10,000 pages of analysis. Tom graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

ATA President’s Welcome CHRIS SPEAR is president and CEO of the American Trucking Associations, the nation’s leading organization representing the interests of the trucking industry. As president and CEO, Chris leads ATA’s efforts to advocate and educate on behalf of the trucking industry. Employing more than 7 million people and moving more than 10 billion tons of freight annually, trucking is the industry most responsible for moving America’s economy. Prior to his time at ATA, Chris worked in the transportation, energy, labor and technology sectors in over five different continents. Most recently, Chris worked for Hyundai Motor Company, where he served as vice president of government affairs. In that role, he served on the Executive Committee for Global Automakers. Previously, Chris was ATA senior vice president of legislative affairs and vice president of global government relations for Honeywell International. Chris also has extensive experience in the federal government, serving as Deputy Representative for the Coalition Provisional Authority in Iraq, Assistant Secretary of Labor for Policy, and as professional staff in the U.S. Senate. Chris is on the board of directors for the American Transportation Research Institute, the Trucking Cares Foundation, and the Louisa Swain Foundation. He has been awarded the US Department of Defense Joint Civilian Service Medal and Honeywell’s Premier Achievement Award. Chris holds a master’s and bachelor’s degree from the University of Wyoming. He is married to Michelle and they have four children.

There’s A New Sheriff in Town: A New Way to Approach Resolution of Catastrophic Cases JOHN R. TARPLEY is a shareholder at Lewis Thomason in Nashville, Tennessee. Mr. Tarpley has been involved in complex litigation in the areas of transportation, tort, product liability, and a wide range of insurance-related matters in both state and federal courts. Mr. Tarpley has established himself as one of the pre-eminent lawyers who represent commercial transportation companies and their employees in Tennessee and nationwide. He has successfully defended trucking companies in both state and federal courts and at mediations and settlement proceedings throughout the country. As the chair of the firm’s transportation practice group, he established an aggressive rapid response protocol that results in the quick gathering of all relevant information related to an accident to enable his clients to make critical and prompt decisions about each accident. Recently, he has been called upon to act in the role of national settlement counsel for several trucking companies to assist them in reaching prompt and efficient resolutions of their outstanding claims.

12 Continued

Further, he is sought after on a national level as a speaker on transportation topics and has spoken to thousands of lawyers and trucking executives on a wide variety of issues. Likewise, Mr. Tarpley has devoted a significant portion of his practice to the mediation and arbitration of civil matters. He is certified by the Tennessee Supreme Court as a Rule 31 mediator and has mediated almost 850 civil cases throughout the state by both in-person and electronic means. He has been selected by his peers as a member of the distinguished Tennessee Academy of Mediators. In addition, he is a frequent speaker on mediation topics. Mr. Tarpley received his B.S. and J.D. from the University of Tennessee.

TREVOR UFFELMAN is General Counsel, Chief Claims Officer, and Corporate Secretary for the American Trucking and Transportation Insurance Company, a Risk Retention Group headquartered in Missoula, Montana. ATTIC, RRG provides liability insurance to mid and large fleet motor carriers. In his role, Mr. Uffelman oversees the company’s claims operations and legal affairs, which has him involved in a variety of litigation, corporate, insurance, and reinsurance matters. Prior to joining ATTIC, Mr. Uffelman was the General Counsel for Watkins and Shepard Trucking, Inc., a 1200 employee transportation company based in Missoula and Helena, Montana. Before that, he spent many years litigating tort, commercial, insurance coverage, and employment cases.

Preventing “Reptile” Nuclear Verdicts: 30(b)(6) Deposition Testimony DR. BILL KANASKY is Senior Vice President of Litigation Psychology for Courtroom Sciences, Inc. and a nationally recognized expert, author, and speaker in the areas of advanced witness training and jury psychology in civil litigation. He consults on more than 200 cases annually in the areas of defendant witness training, jury decision-making research, and jury selection strategy. His empirically based consulting methods are specially designed to defeat plaintiff “Reptile” strategies, which have resulted in billions of dollars of damage awards across the nation. He earned his B.A. in Psychology from the University of North Carolina at Chapel Hill, and his Ph.D. in Clinical and Health Psychology from the University of Florida.

MICHAEL H. BASSETT is a Senior Partner at The Bassett Firm in Dallas, Texas, where he practices mediation, personal injury, premises liability, products liability, transportation litigation, and professional liability. He has been representing truck drivers and trucking companies for over 32 years and has tried over 185 cases to verdict in counties throughout Texas, Louisiana, and Florida. Mike is a frequent speaker on handling trucking cases and trial tactics. A member of the Defense Research Institute, Mike also belongs to the American Bar Association (Litigation Section), Dallas Bar Association, ATA, Texas Association of Defense Counsel, International Association of Defense Counsel, Association of Defense Trial Attorneys, and American Transportation Lawyers Association. He graduated cum laude with a B.B.A. from the University of Texas, El Paso, and received his J.D. from St. Mary’s University School of Law in San Antonio, Texas.

TERRANCE PUMP, Terry Pump is a Director of Safety for CRST – The Transportation Solution, Inc. based in Cedar Rapids, Iowa. He has over 17 years with the company and 4 years in his current role, which includes the responsibilities of regulatory compliance, driver training and accident prevention for the Expedited Solutions and Dedicated East Solutions operating groups. He has been representing the company as the primary 30(b)(6) for the past 2 years. Terry is a graduate of the LEAD ATA 2019 class and serves on the Safety Policy Steering Committee and Safety Policy Committee.

13 Highway Safety: Preparing for and Responding to a NTSB Investigation THE HONORABLE JENNIFER HOMENDY is the 44th Member of the National Transportation Safety Board. Member Homendy is a tireless advocate for safety and brings to the Board expertise in the safety of railroads, pipelines, and hazardous materials (on all modes of transportation). From 2004 to 2018, she served as the Democratic Staff Director of the Subcommittee on Railroads, Pipelines, and Hazardous Materials, which is under the jurisdiction of the Committee on Transportation and Infrastructure of the United States House of Representatives. She previously held positions with the International Brotherhood of Teamsters, the Transportation Trades Department of the AFL-CIO, and the American Iron and Steel Institute. Member Homendy is a graduate of the Pennsylvania State University and has been certified by the National Board of Fire Service Professional Qualifications (Pro Board) on Core HazMat Operations and Missions-Specific PPE and Product Control (hazmat operations level training). She completed Private Pilot Ground School and holds a motorcycle (M2) endorsement. She is also an avid runner and cyclist, which fuels her advocacy work for strengthening safety for pedestrians, bicyclists, and motorcyclists.

Medical Financing in Truck Accidents: Phantom Damages, Secret Communications and Referral Networks JEREMY GOLDSTEIN is the Executive Vice President of Claims at Protective Insurance Company, an organization that provides insurance for the transportation industry in the United States and Canada. Jeremy oversees all claims operations and leads the communications department for the company. He has previously served as the company’s General Counsel & Corporate Secretary. Prior to joining the Company in 2007, Jeremy practiced law in Chicago with an emphasis on insurance related litigation, insurance coverage, and regulatory matters. His education includes a Bachelor’s degree from Ball State University and a Juris Doctor from DePaul University College of Law.

NATHAN LUNDQUIST is the Senior Vice President of Claims at Protective Insurance and oversees the Company’s commercial auto claims operations. He is focused on protecting motor carriers through claims strategies that build strong relationships and control severity for insureds. As part of his role, Nathan oversees complex and potentially high-exposure commercial trucking litigation across the country. He is an industry leader in the areas of medical financing and lien-based medical services; and, he also frequently presents on strategies to combat reptile theory and mitigate the nuclear verdict potential associated with catastrophic losses. Prior to joining Protective, Nathan spent several years as a litigator representing motor carriers and other corporate entities. Nathan holds a B.A. from Wabash College and a J.D. from Indiana University’s McKinney School of Law.

ZACH MATTHEWS is a partner with McMickle, Kurey & Branch in Atlanta. He specializes in high-loss motor carrier defense, premises liability, and catastrophic negligent security matters. He is a subject matter expert in lien doctors and medical billing fraud, and has handled a number of landmark cases reported in national media revealing the existence of paid litigation networks. He has been interviewed by The Wall Street Journal, The New York Times, 60 Minutes, and the Commercial Carrier Journal in connection with his investigations into those networks.

He has also testified on these issues before the Georgia legislature, and he consults on cases involving similar practices nationwide, including in litigation hotspots like Texas, Louisiana and Florida.

14 Don’t Be a Victim! Controlling the Narrative to Reduce Exposure to Punitive Damages and Nuclear Verdicts BYRON AMES is Founder and Managing Partner at the law firm of Ames & Ames, LLP. Ames & Ames has offices in Utah and Nevada and handles legal matters throughout the Western US. His practice covers a broad spectrum of general litigation and transactional work, with a particular emphasis in the Transportation, Hospitality, Construction and Insurance industries. Mr. Ames has taken numerous cases to trial before juries and the bench and has successfully arbitrated and mediated countless cases. Mr. Ames received his J.D. from Gonzaga University School of Law, a B.A. in Anthropology from Brigham Young University, and studied Anthropology at Oxford Brookes University in England. Mr. Ames grew up in Japan and speaks Japanese. He is an avid outdoorsman enjoying endurance cycling, downhill skiing, whitewater canoeing, and photography. Mr. Ames is a member of the Trucking Industry Defense Association and The Claims and Litigation Management Alliance. Byron Ames also currently serves as the Mayor of Francis, Utah, a small city east of Salt Lake City, Utah. As Mayor he engages regularly with all levels of local, state, and federal government to strategically protect the interests of the city and ensure its future success.

ADAM BELTZ is Director of Select Risk Claims for Markel Services, Inc. His team is responsible for a wide variety of 1st- and 3rd-party transportation, marine, general liability, and other specialized claims. Prior, he was a Regional Lead Examiner in the Claim Litigation Unit for the National Indemnity and Berkshire Hathaway Homestate Groups of companies. Before joining National Indemnity Company, Mr. Beltz was an Executive Team Leader of Assets Protection for Target Corporation and a Police officer/investigator for the Lincoln, Nebraska Police Department. .Mr Beltz received his undergraduate degree from the University of Nebraska-Lincoln and his MBA from Creighton University. Mr. Beltz holds the Senior Claims Law Associate designation.

BRIAN KOHLWES is the General Counsel and Chief Risk Officer for Hirschbach Motor Lines in Springfield, Massachusetts since 2015. He oversees safety, claims, OS&D, risk, compliance, driver orientation, and their driver training program. Prior to Hirschbach Motor Lines, Brian spent 13 years as an insurance defense lawyer defending personal injury and wrongful death lawsuits. Brian grew up in the trucking business and still maintains and utilizes his CDL. He is a graduate of Iowa State University with a degree in Business: Transportation & Logistics, and graduated with honors from Drake University Law School.

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MARC BLUBAUGH is a Partner and Co-Chair of Benesch’s Transportation & Logistics Practice Group, which has been designated by U.S. News & World Report as the “Transportation Law Firm of the Year” numerous times. Mr. Blubaugh has also been recognized as one of the “Best Lawyers in America” in the area of Transportation Law. He is a Past President of the Transportation Lawyers Association, currently serves as outside General Counsel to the Intermodal Association of North America, and is a Past President of the Columbus Roundtable of the Council of Supply Chain Management Professionals. Mr. Blubaugh is active in other industry trade associations, such as the American Trucking Associations, the Transportation Intermediaries Association, the International Warehousing Logistics Association, and the Transportation Logistics Council. Mr. Blubaugh represents international and domestic motor carriers as well as third-party logistics providers (transportation brokers, freight forwarders, warehouse operators, etc.) of all modes in a wide variety of disputes in courts throughout the country including, but not limited to, high-dollar cargo claims, freight charge and pricing controversies, breaches of transportation, logistics, and warehousing agreements, prosecution of subrogation claims, insurance coverage disputes, trade-secrets and unfair competition litigation, and class action defense.

15 Continued He also defends carriers and third-party logistics providers in catastrophic injury actions arising out of the transportation of goods. In addition to litigating matters, he also consults with clients regarding contracting practices and operating procedures, helps clients navigate the changing regulatory landscape, and provides strategic and business advice to help clients minimize liability and maximize growth opportunities.

EDWIN ANGLIN is the Vice President, Legal for USA Truck, Inc., an asset-based carrier and logistics provider, where he serves as an advisor and legal business partner to the company’s C-Suite, executive, and management teams. He plays a key role in supporting the company to do business in a progressive and compliant manner, providing legal counsel for a wide variety of legal matters, including practice areas of transportation, employment, intellectual property, corporate, real estate, and contracts, and supervises the company’s general claims and litigation. He advises and aids in strategic analysis to USA Truck’s Risk Management department, and also presides over corporate and legal compliance programs of the publicly traded commercial transportation corporation. Edwin is a current Board Member of the American Trucking Associations Litigation Center. Prior to joining USA Truck, Edwin held various positions as a litigator in private practice law firms in Georgia and South Carolina. Edwin is licensed to practice law in Arkansas, Georgia, Louisiana, and South Carolina. Edwin earned a B.S. from Eastern Michigan University, J.D. from Charleston School of Law, and LL.M. from Louisiana State University, Paul M. Hebert Law Center.

JOHN KELLENBERGER is a partner in and the Vice President of US1 Industries, Inc. John has served in this capacity since January of 2016. John’s interests and work in transportation have been diverse and have focused on many facets of the industry. Prior to joining US1, John was a partner in a regional firm acting as its transportation lead. John has served as outside general counsel to several larger logistics entities, while at the same time owning a transportation insurance brokerage and third-party claims adjusting firm. John’s breadth of experience includes labor issues, mergers and acquisitions, cargo and bodily injury claims, starting and maintaining insurance captives, class action defense, and unfair competition/trade secrets defense. John holds a B.A. from the University of Delaware and a J.D. from the University of Pennsylvania.

The Independent Contractor Model in Trucking—2021 and Beyond

SHANNON COHEN is a Partner at the Scopelitis firm in Indianapolis, Indiana. She provides legislative counsel services to the firm’s clients. Shannon primarily practices in the areas of transportation law and government affairs. She monitors forthcoming and active legislation and regulation pertaining to issues affecting motor carriers, with an emphasis on legislation touching on the IC status of owner-operators. Shannon regularly assists in drafting and revising legislation and assessing and communicating the impact of such legislation on the trucking industry. She received her B.S. from Indiana University and her J.D. from Indiana University Maurer School of Law, graduating cum laude. She is a member of Indianapolis, Indiana and American Bar Association.

GREGORY M. FEARY is President and Managing Partner at the Scopelitis firm in Indianapolis, Indiana. His practice includes transportation law, Independent Contractor (IC) law, transportation insurance law, legislative support, and transportation contract matters. He audits clients’ IC programs and provides legislative support on IC issues. He counsels clients on alternative risk programs, conducts insurance audits, and supervises litigation in the areas of premium disputes and specialized transportation insurance coverage controversies. Greg regularly designs IC programs and defends IC disputes. Greg is a member of the

16 Continued

Indianapolis, Indiana State and American Bar Associations. He is a member of ATA’s Insurance Task Force for which he has served as Chair of its Lawyer’s Subcommittee and IC Committee; and the Advisory Board of Purdue University’s Center for Transportation Distribution Logistics. Greg serves as an Adjunct Professor of Law-Indiana University Robert H. McKinney School of Law. He is the author of The Definitive Industry Primer on Occupational Accident Insurance in Trucking, and the Independent Contractor Employment Classification: A Survey of State and Federal Laws in the Motor Carrier Industry, 35 Trans. Law J. 139(2008). He drafted Indiana’s law deeming owner-operators of trucks to be ICs for purposes of workers’ compensation. He received his B.A. from Eastern Illinois University, and J.D. from Indiana University Robert H. McKinney School of Law.

JEFFREY S. JACKSON is a Partner at the Scopelitis Firm and counsels clients on a wide array of transportation-related issues, including independent contractor/owner- operator arrangements, challenges to independent contractor classification, independent contractor reclassification risk mitigation, Federal Leasing

Regulations compliance, and contract drafting/reviews. He also advises clients on federal and state regulatory concerns, especially as they relate to transportation entity licensing, operating authorities, and general transportation operations compliance obligations. He also drafts, reviews and negotiates all manner of transportation and logistics-related contracts. Finally, Mr. Jackson has extensive experience defending motor carriers and property brokers in workers’ compensation premium audit disputes.

RYAN W. WRIGHT is a Partner at the Scopelitis Firm and counsels clients on a wide array of transportation issues including independent contractor issues, owner-operator arrangements, Federal Leasing Regulations compliance, and motor carrier and logistics operations, business dealings, and contracts. He regularly drafts and reviews various transportation-related contracts, including independent contractor agreements, equipment lease agreements, motor carrier services contracts, and logistics services contracts. Mr. Wright also counsels clients regarding licensing and regulatory compliance, arbitration, and antitrust issues, and advises vehicle manufacturers regarding National Highway Traffic Safety Administration (NHTSA) matters, including recall campaigns and compliance with the Federal Motor Vehicle Safety Standards (FMVSS) and Early Warning Reporting (EWR) requirements.

PRASAD SHARMA is a Partner at the Scopelitis Firm in Arlington, Virginia. Prasad focuses his practice on advocacy before state and federal legislative and regulatory bodies and advises on a wide array of regulatory compliance issues. He leads from the firm’s Washington, DC office on legislative support initiatives and serves as liaison to firm clients seeking transportation and logistics industry resources, national and state association outreach, and issue-specific coordination of desired legislative outcomes. Prior to joining the firm, Prasad spent 16 years as an ATA in-house counsel, of which the last four years as Senior Vice President and General Counsel, as well as executive vice president and general counsel to the ATA Litigation Center, and staff liaison to ATA’s IC Task Force. He was actively involved in crafting numerous pieces of legislation at the federal level and notably crafted the motor carrier anti-indemnification legislation that has been enacted by nearly 40 states. Before going to law school, Prasad worked for Senator Bob Dole (KS), assisting on foreign policy, trade, and defense issues. He received his B.S.F.S. from Georgetown University and his J.D. from Emory University.

17 Is Sleeper Berth and Other Forms of Off-Duty Time Compensable Under the FLSA and State Laws?

RICHARD RAHM is a Partner at DLA Piper in San Francisco, California. Richard Rahm counsels and represents employers in wage-and-hour class, collective, PAGA, and other complex litigation. He has more than 20 years of experience representing employers primarily in the transportation industry but also in the financial and etailr industries in state and federal trials, appeals, and arbitrations. Richard earned his B.A. from University of California, Los Angeles, his M. Litt., from Oxford University, his J.D. from the University of California, Berkeley School of Law, Doctoral Research, Law Department, University of Frankfurt am Main, and his Ph.D., University of California, Berkeley School of Law.

JENNIFER PETERSON is responsible for managing all of Werner’s labor and employment matters. In this role, Ms. Petersen oversees all of Werner’s employment lawsuits nationally. She provides daily advice to various departments at Werner regarding compliance with all state and federal employment laws. Ms. Petersen also represents Werner in all employment-related administrative agency investigations and coordinates Werner’s responses to governmental audits. Ms. Petersen earned her undergraduate degree from the Iowa State University and earned her Juris Doctorate from the University of Iowa College of Law, with distinction.

ADAM SMEDSTAD is a Partner at Scopelitis Garvin Light Hanson & Feary. He is a commercial trial lawyer who has spent most of his career defending motor carriers and property brokers in class actions. Adam is licensed to practice law in California, Washington, and Illinois. He has defended challenges to independent contractor classification as well as employee wage and hour claims in some of the nation’s most difficult jurisdictions. He also has extensive experience defending class actions alleging violations of the Federal Leasing Regulations. His practice areas include Class Action Defense and Complex Litigation and Commercial and Bankruptcy Law. Adam received his B.A. from the University of Chicago and received his J.D. with high honors from The George Washington University School of Law.

ROBERT ROGINSON is the Managing Shareholder of the Los Angeles office of the international labor and employment law firm, Ogletree Deakins, and Chair of the firm’s Trucking and Logistics Industry Group. His practice focuses on all aspects of California and federal wage and hour and pay practice counseling and class action defense. Mr. Roginson represents employers in administrative agency investigations and state and federal individual and class action litigation. Mr. Roginson has defended dozens of employers, motor carriers, and other companies in class actions and PAGA lawsuits involving a variety of allegations, including worker misclassification, meal and rest period violations, reimbursement claims, off-the-clock claims, and record keeping violations. He also counsels employers and companies on California and federal wage and hour and pay practice laws, arbitration, federal preemption matters, labor relations, and union matters. As the lead counsel for the California Trucking Association’s lawsuit against the State of California to enjoin AB 5, which adopted the ABC test concerning worker classification, Mr. Roginson and his team obtained a preliminary injunction enjoining California from enforcing AB 5 against motor carriers. Mr. Roginson also co-authored an amicus brief in the California Supreme Court case, Oman v. Delta Airlines, and the brief formed the basis for the Court’s opinion upholding the use of incentive compensation plans in California.

18 Beyond New Prime: Has the Dust Settled for Arbitration in Trucking? PRASAD SHARMA is a Partner at the Scopelitis Firm in Arlington, Virginia. Please refer to “The Independent Contractor Model in Trucking-2021 and Beyond” panel above where Prasad is also speaking to read his full bio.

BRADEN CORE is a Partner at the Scopelitis firm in Indianapolis, Indiana. He focuses his practice on the representation of motor carriers and logistics companies in a number of different areas, including regulatory compliance (including the federal leasing regulations), contract reviews, and owner-operator arrangements. He also regularly consults on the use of arbitration agreements in the transportation industry and personally attended the oral argument in New Prime as part of Scopelitis’ coverage of that case. Finally, Braden is an experienced litigator who has tried several commercial cases, including jury trials, and participated in the defense of class actions against motor carriers involving claims brought under the Federal Leasing Regulations and state wage-and-hour laws. He received his J.D. from Indiana University and B.A. from the University of South Carolina, graduating cum laude.

TROY CAHILL has served as General Counsel and Secretary for LaserShip, Inc. since 2013. Prior to taking over leadership of LaserShip’s legal department, Troy was in private practice with Akin Gump where he focused his practice on appellate litigation before the Supreme Court of the United States and federal courts of appeals. Troy also devoted a significant portion of his practice to complex civil litigation before state and federal trial courts. And from 2002 through 2006, Troy served as staff counsel in the Supreme Court of the United States, Office of the Clerk. Troy lives in Alexandria, Virginia with his wife, Jeneanne, and their three sons. Technology and Data Privacy Implications for Independent Contractor Relationships JONATHAN TODD is a Partner at Benesch Friedlander Copland & Aronoff in Cleveland, Ohio. Jonathan’s nationally recognized practice focuses on the domestic and international movement of goods. He leads clients through supply chain management, customs and international trade, transportation, and logistics challenges. Those clients include manufacturers, distributors, retailers, carriers, brokers, and forwarders at every step of the end-to-end supply chain. Their objectives often require drafting and negotiation of contracts, business operations consult, mergers and acquisitions strategy, regulatory compliance counseling, and enforcement defense including during investigations and audits. Today’s global supply chains are increasingly a measure of enterprise value and even competitive advantage. Jon’s experience yields the vision, dynamic thinking, and pragmatic problem solving that are keys to winning in this economic environment. He demonstrates the command of operational best practices, regulatory requirements, and savvy toward risk tolerances that his clients demand from themselves and their leadership – because the stakes are high. Jon is effective because he fluently speaks the language of domestic and international supply chain management. He is a licensed U.S. Customs Broker in addition to an attorney. He also holds a MBA in Supply Chain Management and a Fellow designation from the American Production and Inventory Controls Society. Jonathan received his B.A. in Political Science from Westminster College, and his J.D. and MBA from Saint Louis University.

HELEN SCHWEITZ is an associate at Benesch Friedlander Copland & Aronoff in Chicago, Illinois. Helen is a member of the firm’s Intellectual Property/3iP Practice Group, where she focuses on technology transactions, licensing, online contracting, and data privacy and security. She drafts and negotiates business-critical intellectual property (IP) and information technology (IT) agreements, including software-as-a-service (SaaS), IT services, data licensing, content licensing, maintenance and support, reseller, development, collaboration, and data protection agreements. Earlier in her legal career, Helen practiced law in-house at a Fortune 100 insurance company for three years. Helen also lived in Japan for a number of years and is conversational in Japanese. Helen is also a member of Benesch’s Transportation & Logistics Practice Group and a member of Benesch’s Risk & Ethics Committee. Helen attended Earlham College and received her J.D. from University of Michigan Law School.

19 Who Wins? A Debate on Developments and Challenges in Trucking Contracts BRANDI BROWN is a Claims Manager for HTS Logistics, a property broker located in Jacksonville, Florida. She oversees the HTS Claims team in the handling of all claims, and manages team members for performance and overall workflow. Brandi works on OS&D related issues to minimize losses and make sure the correct procedure is followed in order to mitigate cargo claims. Using her thorough understanding of the theories and principle of freight claims laws, and extensive knowledge of the DOT/FMCSA rules and regulations, she develops communication to the involved parties, explaining the merits of each claim as they pertain to CARMACK and/or contractual terms, and offers alternative options and solutions to reach universally beneficial solutions. Brandi provides tactical and strategic operational action plans for continued claims process improvement, and engages in root cause analysis of top incidents and/or claims in order to make informed recommendations for claim reduction.

KRISTEN JOHNSON is managing partner of Taylor & Associates litigation group. In 2020, Kristen was the only private practice attorney selected as a Top Woman to Watch in Transportation by the Women in Trucking Association. She is licensed to practice in Florida, California, and the District of Columbia, and the nature of her transportation practice spans the United States and often internationally. Kristen focuses on business litigation, arbitration, appeals, and government investigations within the trucking and logistics arenas. She regularly handles freight claims under the Carmack Amendment, complex civil disputes, product and warranty claims, and contract disputes. Kristen directly advises clients on risk management, case and witness preparation, investigations response and compliance programs, and critical strategy. She manages legal teams, streamlines budgets, and oversees deadlines. She is experienced as lead attorney at trials, hearings, depositions, and settlement negotiations. Before entering the law, Kristen was a recipient of a U.S. Fulbright Fellowship to Japan, where she researched labor and civil rights issues. As a thought leader, Kristen is active in the industry and community. She is a member of Women in Trucking, the Transportation Lawyers Association, and the Conference of Freight Counsel. Her other passion is humanitarian aid and children’s rights. She is on the Board of Directors for Friends of the Children, Tampa Bay, and she is the co-founder of Pretrial Rights International. Kristen graduated magna cum laude from Michigan State University, Honors College, received her M.A. from American University, magna cum laude, and her J.D. from American University, Washington College of Law, graduating in the top 5% of her class.

ELIZABETH SLATTERY is an Associate at Taylor & Associates. She comes to the firm from the United States Department of Commerce, where she served as a litigator and special adviser in the Office of the Assistant General Counsel for Employment, Litigation, and Information. There, she specialized in defending the work-product and privileged communications of the Executive Office of the Secretary and represented the National Oceanic and Atmospheric Administration in Freedom of Information Act litigation. She is well-versed in federal regulatory procedure. Elle received dual Bachelor’s Degrees from the University of Notre Dame in Indiana; where her undergraduate thesis work was on Secular and Vernacular Theatrical Performance in Medieval France. She holds a J.D. from the Georgetown University Law Center in Washington, DC where she was a Constitutional Law Fellow and focused on Administrative, Aviation, and Maritime Law. Elle’s main Pro Bono projects have been on Tribal Litigation and Native Constitutional Rights.

20 Continued WILLIAM “BILL” D. TAYLOR, Partner, heads Hanson Bridgett LLP’s Transportation & Logistics practice. He maintains transactional and litigation business practices, representing both public and private ventures. Bill has significant experience in all aspects of the transportation industry throughout the U.S. and global markets. He is well-versed in all areas of domestic and international logistics law and policy and has a keen understanding of the intricate multi-party contractual arrangements and business relationships central to the movement of products in intrastate, interstate and foreign commerce, including the sale or purchase of companies in or out of this market. Bill regularly consults with and defends clients regarding co-employer or misclassification claims related to independent contractor relationships in this industry. Additionally, he represents clients in hearings before administrative agencies with jurisdiction over enforcement and compliance issues, including California’s PUC, DMV, CHP, and CARB, as well as the U.S. DOT, FMCSA and other federal agencies, including defensive structural options in order to minimize exposure to such actions. Bill frequently speaks on relevant topics at industry and other associations around the globe. He can be reached at [email protected] or (916) 551-2939 or (916) 549-6876.

Weathering the Cyber Attack or Data Incident as a Business LEW BRICKER is a Partner at SmithAmundsen in Chicago, where he practices commercial transportation, products liability, and commercial litigation. He also counsels clients and attorneys on best practices for managing and litigating issues involving electronically stored information and e-discovery, as well as leading the firm’s Rapid Response Team. Lew Currently serves as the Chair Emeritus of the USLAW Network and serves on the Network’s Executive Committee and Board of Directors. In 2008 he serves as the chair of the USLAW Transportation Practice Group. He designed and coordinated the Transportation Motor Carrier Boot Camp, a training program for transportation lawyers held every two years. He has received the Martin-Hubbel AV Preeminent Rated honor, named a BTI Client Service All-Star, 2012, selected to the Illinois Super Lawyers List, 2007-2010, 2012-2020, and was a USLAW O’Hagan Award Recipient, 2008. Lew graduated cum laude from the University of Illinois with his B.A. and cum laude from the University of Illinois College of Law.

MOLLY ARRANZ is a Partner and the chair of SmithAmundsen’s Data Privacy, Security and Litigation Practice Group. She is a certified privacy professional (CIPP/ US) and a recognized Privacy Law Specialist by the American Bar Association. Molly regularly advises companies about how to protect against, and respond to, cyber and privacy invasions, and has provided compliance counselling to a global provider of cloud services. She has advised multiple companies on their incident response protocol and has served as a breach coach for multinational and international companies. Molly also counsels clients on compliance considerations involving consumer protection regulations, data privacy practices, notification and consent requirements, and advertising regulations. Molly is a partner in the firm’s Class Action Practice Group. She has defended 80+ class actions involving a range of legal theories, including privacy violations, consumer fraud, breach of contract, breach of warranty, and misrepresentation. She defends clients in claims arising from the Fair & Accurate Credit Transactions Act (FACTA), the Fair Credit Reporting Act (FCRA), the Fair Labor Standards Act (FLSA), and the Telephone Consumer Protection Act (TCPA). She represents a wide variety of companies from small family-owned businesses to Fortune 500 companies. Molly graduated magna cum laude from Marquette University and received her J.D. from the University of Wisconsin Law School.

21 Continued

CLARENCE EASTERDAY is the Executive Advisor of Risk Management for Western Express, Inc., a Nashville, Tennessee based transportation Company. Western Express provides irregular route common carrier service for van, flatbed, and over-dimensional freight. Western Express also provides dedicated services for customers across the United States. Clarence graduated from the University of Tennessee in 1978. He started his professional career as a US Army Field Artillery Officer. He started his transportation career with Schneider National Carriers in 1984 and joined Western Express in 2002. He served as the Senior Vice President for Western Express, Inc. for several years before semi-retiring in November 2020 and assuming his role as Executive Advisor. Mr. Easterday’s responsibilities at Western Express included supervision of safety programs, insurance program design and purchasing, claims, and some human resource functions. Upon assuming his duties as Executive Advisor he works closely with defense counsel in case preparation/ strategy and is active in the mediation process. He is also a Rule 31 Listed Mediator in the State of Tennessee. The Crooked World of Staged Accidents Sponsored by EROAD

JIM ANGEL, VP, Video Telematics, EROAD. Jim Angel has over 20 years of experience in transportation. From driver to dispatcher to fleet owner, Jim has held a variety of hands-on positions that have helped him truly understand the trucking business from the inside out. Jim also has experience as Director of Safety & Compliance and stays involved with several trucking and safety associations. Now as VP of Video Telematics, Jim continues to help fleets leverage technology to ultimately increase safety and productivity.

RANDY GUILLOT, President, Triple G Express, Inc., Immediate Past Chairman, American Trucking Associations. Randy has more than 33 years of experience working in the trucking industry and is President of Triple G Express, Inc. and Southeastern Motor Freight, Inc. Randy is the Immediate Past Chairman of American Trucking Associations, the largest national trade association for the trucking industry. The Guillot family has been longtime active members of the American Trucking Associations, with Randy’s father, Elmo Guillot, instilling a strong commitment to serve the industry and the ATA federation. Randy is an Executive Committee Member and Board Member of American Trucking Associations and is Past Chairman of Louisiana Motor Transport Association, one of ATA’s affiliated state trucking associations. He is also the Chairman of ATA’s Intermodal Motor Carriers Conference and Treasurer and Board Member of the North American Chassis Pool Cooperative.

JENNIFER HALL, General Counsel & Executive Vice President, Legal Affairs. Jennifer Hall is the general counsel and executive vice president for legal affairs for the American Trucking Associations, the nation’s leading organization representing the interests of the trucking industry. As chief counsel, Hall is responsible for ATA’s legal affairs, including the ATA Litigation Center. Both ATA and the Litigation Center engage in litigation to advance and protect the interests of the motor carrier industry in federal and state courts around the nation, as a direct party, an intervener, and as an amicus curiae. ATA also monitors and educates its members about legal developments in courts and legislatures that will affect the motor carrier industry.

Prior to coming to ATA, Hall spent a decade as a professional staff member at the House Transportation and Infrastructure Committee, most recently as general counsel and deputy staff director.

22 GO BEYOND THE POLICY

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Scopelitis recognizes that clients not only require answers Industry leaders consider Scopelitis to be to pending legal questions, but also seek direction on ways the preeminent full-service transportation to anticipate problems before they arise. Because of that, law firm. The Firm, which was established The Firm offers clients a concierge, full-service approach over 40 years ago, offers advice and counsel to business matters, including a legal team that works in to clients in virtually every segment of the over 25 practice areas. Those areas of practice include: transportation industry. The Firm’s more than 5,000 transportation-related clients span • Air and Ocean Regulation, Transactions, and Litigation across the country and around the globe. Firm • Antitrust and Trade Regulation clients range from most of the major Fortune • Class Action Defense and Complex Litigation 500 transportation companies, to many • Commercial and Bankruptcy Law smaller, family-owned businesses including: • Corporate Structuring and Business Transactions • Driver Leasing • Brokers • Employee Benefits • Insurance Companies • Estate Planning, Wills, and Probate Administration • Logistics Companies • Government Affairs • Manufacturing Companies • Independent Contractor Issues • Motor Carriers • Insurance & Risk Management Regulatory Compliance • Private Carriers • International Transportation & Logistics Law • Retail goods Companies • Labor and Employment • Shippers • Legislative Services • Trucking Insurers • Litigation and Appellate • Warehouses • Mergers and Acquisitions • Negotiation Counsel • Personal Injury, Property Damage, and Cargo Claims Scopelitis is committed to offering clients innovate, • Real Estate in-depth, current, tailored advice. In order to do • Regulatory, DOT, and Hazardous Materials Compliance this, the Firm’s attorneys draw from decades of • Sharing Economy, Autonomous Vehicles, and Emerging collective knowledge coupled with a commitment Technologies to staying abreast of the latest industry news and • Taxation trends. Because Scopelitis attorneys are active • Warehousing and Logistics in groups that serve as thought leaders in the • Workers’ Compensation transportation industry, they are often asked to present at meetings and conferences of all sizes. Organizations that the Firm actively participates Scopelitis is headquartered in Indianapolis, but in — whether through membership, sponsorship, Firm clients have access to a network of attorneys speaking engagements or otherwise. in Firm offices located in:

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GREAT WEST GREAT WEST CASUALTY COMPANY specializes in truck insurance products and services. CASUALTY COMPANY Our company was founded on a service philosophy over 60 years ago, and today our goal of meeting our insureds’ changing needs has not changed. Our mission is to be “the” premier provider of insurance products and services for truckers. Our identity, our business, and our success are all linked to trucking, the industry that moves our nation’s economy. At Great West Casualty Company, The Difference is Service®.

HANSON BRIDGETT is a law firm with more than 170 attorneys in offices in San Francisco, Sacramento, the North Bay, the East Bay and Los Angeles. Serving clients since 1958, we are well known in California and have earned a national reputation in many of our practice areas.

Our diverse client list includes large national and global companies as well as many governmental entities, regional businesses and individuals. While our offices are located throughout California, our attorneys frequently work on matters that cross domestic and international borders. To ensure our clients receive flawless service and top notch legal counsel wherever they may be located, we have forged alliances with firms in national and international legal networks. As members, we can provide our clients with legal expertise on the ground across the US and worldwide.

SCOPELITIS: Industry leaders consider Scopelitis to be the preeminent full-service transportation law firm. Established over 40 years ago, the Firm offers advice and counsel to clients in virtually every segment of the transportation industry. The Firm’s more than 5,000 clients span across the country and around the globe, ranging from Fortune 500 companies to small, family-owned businesses. Scopelitis has 12 offices located in major cities across the U.S. Our attorneys offer clients a comprehensive, concierge, 24/7/365 approach, including teams in over 25 practice areas. Let us help you chart a course to success, however you define it.

TRUENORTH (ATA Corporate Partner) is an insurance and financial strategies firm with a dedicated transportation division. With headquarters in Cedar Rapids, Iowa and locations across the United States, TrueNorth specializes in helping transportation companies design and administer sustainable risk management platforms that are cohesive and driver-centric in nature. For more information, visit www.truenorthcompanies.com/.

SILVER SPONSORS

LYTX® (ATA Corporate Partner) is the global leader in video telematics. Our safety technologies and services are dedicated to helping fleets reduce risk, cut costs, and save lives. More than 1,500 clients—protecting over 600,000 drivers—use our customizable, scalable solutions to increase their safety, efficiency, and compliance. The Lytx DriveCam™ safety program combines event-based video telematics with a driver-focused coaching workflow to help fleets identify risky behaviors and improve driver performance. Our UnisynTM platform features always-on video telematics to provide deeper insights into fleet and field operations through the collection and analysis of video and vehicle data. Learn more at www.lytx.com.

28 2021 ATA Litigation Center’s Trucking Legal Forum Sponsors

SILVER SPONSORS CONTINUED

BENESCH is an AmLaw 200 business law firm that has a nationally-recognized Trans- portation & Logistics Practice Group, focused on representing carriers (truck, rail, air, and ocean), third party logistics providers (international and domestic transportation brokers, freight forwarders, etc.), and warehousemen in connection with all of their business and legal needs throughout the United States and beyond. Our multidisci- plinary practice group handles a wide variety of litigation (freight claims, freight charge disputes, catastrophic accidents, and general commercial disputes) as well as the drafting and negotiation of contracts, the provision of regulatory advice, mergers and acquisitions in the industry, and consultation regarding a wide variety of business issues (general business planning, labor and employment, real estate transactions, intellectual property, etc.). A number of our team members were previously employed in the transportation and logistics industry, and we pride ourselves on providing our clients with real-world, actionable advice.

TENSTREET’S platform connects carriers and drivers, making it easier to fill trucks while staying compliant. We help thousands of motor carriers and private fleets to market, recruit, onboard, manage, and retain drivers. Since 2006, millions of drivers have used Tenstreet’s platform to quickly and securely apply for their next job.

Interested in becoming a sponsor of the 2022 Trucking Legal Forum?

Save the Date! July 10-13, 2022 at the W Austin Austin, Texas It’s not too early to sponsor the 2022 Trucking Legal Forum. Please contact Dan Duggan at 703-838-1756 or [email protected] for more information.