PREMIER SPONSORS SILVER SPONSORS Schedule at a Glance

All times listed are Eastern Standard Time

Monday, July 20 Wednesday, July 22

11:00 a.m. – 1:00 p.m. 11:30 a.m. – 12:30 p.m. Ethics Session: Confidentiality – Exceptions to the Duty Defending Against Negligent Hiring Claims 2:15 p.m. – 2:45 p.m. 1:00 p.m. – 2:00 p.m. ATA President’s Welcome Independent Contractor Status – Beyond California

3:15 p.m. – 4:45 p.m. 3:00 p.m. – 4:15 p.m. Combatting the Reptile Theory Through an Effective Regulatory Investigations & Audits: A Legal Guide on Motion Practice Prep & Response

Tuesday, July 21 Thursday, July 23

11:00 a.m. – 12:00 p.m. 11:00 a.m. – 12:00 p.m. Non-Delegable Duty Doctrine and Third Party Negligence Data Privacy – Obligations Under the Law and in Practice 1:00 p.m. – 2:00 p.m. 12:30 p.m. – 1:30 p.m. Using Medical Analytics to Dispute Unreasonable or The Law & Cyber Security: What Those in Trucking Excessive Medical Charges Need to Know 2:30 p.m. – 3:30 p.m. 2:30 p.m. – 3:30 p.m. Empathetic Resolution of Claims Meets Aggressive Intellectual Property – Internal & External Threats to Litigation – Are the Concepts Really that Different? Carrier Assets 4:00 p.m. – 5:00 p.m. 4:00 p.m. – 5:00 p.m. Legal Do’s and Don’ts When Using Video and Unique Legal Issues Impacting Intermodal Operations & Coaching Drivers Specialized Motor Carriage

Friday, July 24

11:00 a.m. – 12:15 p.m. Business Continuity: Key Legal Issues & Tips 1:00 p.m. – 3:00 p.m. Insurance Workshop

2020 SCHEDULE OF EVENTS All times listed are Eastern Standard Time MONDAY, JULY 20 11:00 a.m. – 1:00 p.m. Ethics Session: Confidentiality – Exceptions to the Duty This interactive program uses hypotheticals to explore exceptions to lawyers’ TOGETHER confidentiality duty. Among other things, the program will address lawyers disclosing client (including inhouse client) confidential information – whether in the context of joint representations and common interest agreements; when complying with laws or court orders; in clearing conflicts of interest on a daily basis and when hiring laterals; when defending themselves from clients’ and non-clients’ claims or criticism; in seeking to collect their fees or withdraw as counsel of record. Presenter: Thomas E. Spahn, Partner, McGuireWoods, Tysons, VA

2:15 p.m. – 2:45 p.m. 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 industry legal, legislative and regulatory priorities. Presenter: Chris Spear, President & CEO, American Trucking Associations, Arlington, VA

3:15 p.m. – 4:45 p.m. Combatting the Reptile Theory Through an Effective Motion Practice and Other Winning Strategies Plaintiff’s use of the “reptile theory” to instill fear in jurors has led to huge verdicts against trucking companies. The good news is that there are defense strategies that have been successful in cutting the proverbial legs off the lizard pre-trial and in inoculating juries against the venomous effects of pleadings, discovery, in-trial questions, and closing arguments designed to evoke jurors’ survival instict not rational thinking. Learn how defense attorneys are effectively using motions in limine and which courts allow such motions. Hear about leading risk mitigation and trial strategies that have been successfully employed in pleadings, discover, and pre-trial prep to both challenge use of the theory and dilute the impact of the theory’s use. TRUCKING’S LEGAL CHALLENGES Presenters: Richard H. Hill, II, Partner, Weinberg Wheeler Hudgens Gunn & Dial, LLC, Atlanta, GA Bill Kanasky, Ph.D., Senior Vice President, Courtroom Sciences, Inc., Orlando, FL

TUESDAY, JULY 21

11:00 a.m. – 12:00 p.m. Non-Delegable Duty Doctrine and Third Party Negligence In the complex world of trucking, the question of “Who is ultimately responsible when freight is damaged or people are injured?” is not a new one nor is it an easy one to answer. A number of recent cases seem to suggest the “jury is still out” on definitive guidance that applies nationwide. This session will discuss the direction courts and legislatures are going relative to what is and isn’t a delegable duty, when is joint liability likely to be imposed, CONFRONTING and under what facts is the third party, not the carrier, held negligent - whether that third party is a shipper, service or product provider, or another carrier. Learn not only how courts and state laws across the country are assigning, shifting and sharing liability but also the potential repercussions of these decisions on motor carriers’ legal strategy. Presenters: Paul B. Mello, Partner, Hanson Bridgett, Walnut Creek, CA J.W. Taylor, Managing Member, Taylor & Associates, Winter Haven, FL Gary A. Watt, Partner & Chair, Appellate Practice Group, Hanson Bridgett, San Francisco, CA

3 TUESDAY, JULY 21 1:00 p.m. – 2:00 p.m. Using Medical Analytics to Dispute Unreasonable or Excessive Medical Charges Advances in the medical field are occurring at an unfathomable rate. In this session, presenters – attorneys and medical consultant expert – will divulge the most current technology tools, medical techniques, research, resources, discovery avenues, and TOGETHER effective legal arguments used to expose: the true and/or reasonable cost of medical treatment, the most current medical billing practices, and the actual cause and extent of injury, and will counter the prosecution’s arguments related to inflated medical bills and estimated costs of future long term care. Also considered will be the claims resolution options relative to medical claims. Presenters: Nancy Fraser Michalski, RN, Vice President, Med Legal Services, a division of Elevate, Los Angeles, CA Thomas L. Oliver, II, Attorney/Shareholder, Carr Allison, Birmingham, AL

2:30 p.m. – 3:30 p.m. Empathetic Resolution of Claims Meets Aggressive Litigation - Are the Concepts Really that Different? Accidents present complex, dynamic circumstances where the motor carrier must stay alert to all potential opportunities to resolve cases in the most favorable manner. This segment focuses on how to optimize your ability to navigate the entire spectrum of options to obtain the best result for the company, from accident to verdict, and everything in between. Presenters: Mike H. Bassett, Senior Partner, The Bassett Firm, Dallas, TX Clarence C. Easterday, Executive Vice President, Western Express, Inc., Nashville, TN Clarice A. Spicker, Partner, Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ

4:00 p.m. – 5:00 p.m. Legal Do’s and Don’ts When Using Video and Coaching Drivers Though this is not a new topic, the options, opportunities and consequences in trial are constantly evolving when it comes to video . Addressed during this session will be applicable case law and lessons learned, legal strategies to optimize video and coaching evidence and counter plaintiff’s use of footage and training policies/procedures/

TRUCKING’S LEGAL CHALLENGES documentation, when necessary. Specific legal advantages and potential disadvantages between inward and outward cameras and practical steps carriers can take to strengthen their case and mitigate risk will also be covered. Presenters: Shelley Bennett, Senior Vice President & General Counsel, Lytx, Inc., San Diego, CA Marc B. Johnson, Shareholder, BairHilty, P.C., Houston, TX Meredith O. Priestley, Corporate Counsel, Cargo Transporters, Inc., Claremont, NC Curtis D. Ruwe, Vice President & General Counsel, Crete Carrier Corporation, Lincoln, NE

WEDNESDAY, JULY 22 11:30 a.m. – 12:30 p.m. Defending Against Negligent Hiring Claims Motor carriers can be sued for negligent selection of drivers, and brokers can be sued

CONFRONTING for negligent selection of motor carriers. This panel will discuss prospective counseling tips aimed at minimizing exposure, as well as tips and tools for litigating such claims. Whether you are seeking effective tactics to build defensible protocols, or whether you need to know the potential risks of having certain information discovered by a reasonable investigation, this session is designed to answer these questions and more. Presenters: Victor F. Albert, Shareholder, Ogletree, Deakin, Nash, Smoak & Stewart, P.C., Oklahoma City, OK Nathaniel G. Saylor, Partner, Scopelitis Garvin Light Hanson & Feary (Scopelits), Salt Lake City, UT

4 WEDNESDAY, JULY 22 1:00 p.m. – 2:00 p.m. Independent Contractor Status – Beyond California California is no longer the only game in town when it comes to laws and rulings governing the independent contractor relationship. Twenty-eight states are applying the ABC test; with another six applying A and C of the test; and two applying either the ABC Test or A and C of the test. Panelists will seek to answer what all this means to interstate and intrastate carriers; and recommended practices to legally maintain the independent contractor relationship. TOGETHER Presenters: Kelli M. Block, Partner, Scopelitis, Indianapolis, IN Troy D. Cahill, General Counsel, LaserShip, Inc. Vienna, VA Shannon M. Cohen, Partner, Scopelitis, Indianapolis, IN Braden K. Core, Partner, Scopelitis, Indianapolis, IN Allyson E. Feary, Attorney, Scopelitis, Indianapolis, IN Gregory M. Feary, President & Managing Partner, Scopelitis, Indianapolis, IN

3:00 p.m. – 4:15 p.m. Regulatory Investigations & Audits: A Legal Guide on Prep & Response In the transportation arena, the agency knocking on the door may be the Federal Motor Carriers Safety Administration, Occupational Safety & Health Administration, Transportation Security Administration, Customs & Board Protection, the Equal Employment Opportunity Commission, National Transportation Safety Board, and/or National Labor Relations Board. This session will provide practical guidance on preparing for and responding to a broad range of regulatory investigations and audits from various governmental bodies, using real-word examples including a Canadian carriers experience in complying with a number of U.S. laws. Presenters: Lawna L. Hurl, Vice President, Legal & Corp. Secretary, Trimac Transportation, Calgary, AB Peter N. Kirsanow, Partner, Benesch, Cleveland, OH Kelly E. Mulrane, Associate, Benesch, Columbus, OH Eric L. Zalud, Co-Chair, Transportation & Logistics Practice Group; Chair, Litigation Practice Group, Benesch, Cleveland, OH

THURSDAY, JULY 23 11:00 a.m. – 12:00 p.m. Data Privacy – Obligations Under the Law and in Practice

TRUCKING’S LEGAL CHALLENGES In 2020 data privacy law goes beyond HIPAA and business data. Knowing what needs to be protected and to what extent, and how it can and can’t be used, is critical to remaining compliant and litigation-free in this age of electronic information storage and exchange. This session will provide a real-world look at those laws governing, employees, contractors and customers, and what you can do to comply and avoid risk, litigation and fines. Presenters: Molly A. Arranz, Chair of Data Privacy, Security and Litigation Practice Group & Partner, SmithAmundsen, Chicago, IL Charles Baxter, Vice President of Risk Management, United Road Services, Inc., Romulus, MI Lew R.C. Bricker, Partner, SmithAmundsen, Chicago, IL

12:30 p.m. – 1:30 p.m. The Law & Cyber Security: What Those in Trucking Need to Know

CONFRONTING Just when motor carriers thought they knew all the cyber security threats and related legal obligations facing them, new and expanding risks (e.g., ransomware), responsibilities, and consequences emerge, as legislatures and courts define negligence and breach of , and as regulatory enforcement increases. Understand the most current threats facing motor carriers, the laws that apply, and best practices and resources to avoid legal hot water. Presenters: Alisa L. Chestler, CIPP/US, Attorney & Shareholder, Baker Donelson, Nashville, TN Nathan H. Harwell, EVP, Chief Legal Officer & Corp. Secretary, U.S. Xpress Enterprises, Inc., Chattanooga, TN Matt Evans, Principal and Practice Leader, Risk Management, TrueNorth Companies, Cedar Rapids, IA

5 THURSDAY, JULY 23 2:30 p.m. – 3:30 p.m. Intellectual Property – Internal & External Threats to Carrier Assets As motor carriers look to improve efficiency and expand their operations into less traditional profit centers, many are now relying on customized solutions – solutions often developed using the expertise of those outside the country or those inside the United States but on work VISAs. This session will address the steps – at all levels and by legal, operations and HR - a company can take to legally protect the resulting work product and TOGETHER associated proprietary processes and strategies. Though this has practical applications, this session will focus on the related laws and legal steps to protect the motor carrier’s intellectual property. Presenter: Joshua S. Frick, Of Counsel, Barnes & Thornburg LLP, Chicago, IL

4:00 p.m. – 5:00 p.m. Unique Legal Issues Impacting Intermodal Operations & Specialized Motor Carriage Trucking is a diverse and complex industry with each segment facing its own unique legal and compliance challenges. This session will provide an overview of the hot button legal issues and regulatory obligations confronted by the intermodal drayage, agriculture, heavy haul, tanker and household goods sectors, as well as their risk profiles, distinct operational hurdles, and strategies to achieve compliance and stay out of court. Presenters: Marc S. Blubaugh, Partner & Co-Chair, Transportation & Logistics Practice Group, Benesch, Columbus, OH Jesse P. Elison, General Counsel, Montgomery Transport, LLC, Birmingham, AL Jonathan R. Todd, Partner, Benesch, Cleveland, OH

FRIDAY, JULY 24 11:00 a.m. -12:15 p.m. Business Continuity: Key Legal Issues & Tips The Coronavirus was a wake-up call for even the most prepared motor carriers. The scope of its impact was/is beyond all expectation. When you’re in the transportation business, a global epidemic imposes potentially new legal obligations and ever changing waivers and restrictions. COVID 19 is the perfect opportunity to re-evaluate one’s business continuity plan and manage the legal expectations imposed by every type of force majeure occurrence.

TRUCKING’S LEGAL CHALLENGES Presenters: Michael Y. Lateef, Partner, Hanson Bridgett LLP, San Francisco, CA Stephanie S. Penninger, Senior Director, Transportation Counsel, XPO Logistics, Inc., Charlotte, NC William D. Taylor, Partner, Hanson Bridgett LLP, Sacramento, CA

1:00 p.m. – 3:00 p.m. Insurance Workshop This interactive workshop will focus on three primary areas of insurance important to motor carriers, and how they may be effectively used to protect one’s operations and workforce (employees and independent contractors), and stay compliant. Presenters will cover from an insurance, motor carrier, and legal perspective the various coverages related to auto and excess liability, employee benefits, and the potential risks associated with independent contractors. In addition, presenters will discuss the state of the insurance market amidst this COVID-19 pandemic. Learn what a motor carrier can do to mitigate risk and manage insurance CONFRONTING outcomes. Lastly, the group will discuss current reform efforts.Don’t miss this opportunity. Moderator: Trent Tillman, Executive Vice President, Transportation, TrueNorth Companies, Cedar Rapids, IA Panelists: Jeffrey Benzion, Vice President, Risk Management, Central, Everest Insurance, Glendora, CA J. Daniel Cook, CPCU, CIC, CRM, ARM, AMIM, AAI, TRS, Principal & Practice Leader, Transportation, TrueNorth Companies, Cedar Rapids, IA John Detlefsen, Executive Vice President, Risk Management & Safety, SunteckTTs, Jacksonville, FL Timothy F. Larocca, Executive Vice President, AmWINS Brokerage of the Midwest, Chicago, IL Eric McConnell, Vice President, Risk Management, J.B. Hunt Transportation Services, Inc., Lowell, AR Christopher E. Mikolay, Vice President, National Accounts, National Interstate Insurance Co., Richfield, OH Jeffrey S. Toole, Partner, Scopelitis, Indianapolis, IN

6 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.

Greg Feary Shannon Cohen Braden Core Kelli Block Allyson Feary [email protected] [email protected] [email protected] [email protected] [email protected]

INDIANAPOLIS DALLAS/FORT WORTH MILWAUKEE SALT LAKE CITY WASHINGTON, D.C. 10 W. Market St. 777 Main Street 330 East Kilbourn Ave. 345 W 600 South 4601 North Fairfax Drive Suite 1400 Suite 3450 Suite 827 Suite 107 Suite 720 Indianapolis, IN 46204 Fort Worth, TX 76102 Milwaukee, WI 53202 Heber City, Utah 84032 Arlington, VA 22203 Phone (317) 637-1777 Phone (817) 869-1700 Phone (414) 219-8500 Phone (435) 339-0730 Phone (202) 551-9030

CHATTANOOGA DETROIT MT. EPHRAIM SEATTLE 600 Republic Center 535 Griswold Street 851 Green Avenue 3214 W. McGraw St. 633 Chestnut Street Suite 1818 Mt. Ephraim, NJ 08059 Suite 301F Chattanooga, TN 37450 Detroit, MI 48226 Phone (856) 203-6611 Seattle, WA 98199 Phone (423) 266-2769 Phone (313) 237-7400 Phone (206) 288-6192 PHILADELPHIA CHICAGO LOS ANGELES 150 N. Radnor Chester Rd 30 W. Monroe Street 2 N. Lake Avenue Suite F200 Suite 600 Suite 560 Radnor, PA 19087 Chicago, IL 60603 Pasadena, CA 91101 Phone (215) 240-1444 www.scopelitis.com Phone (312) 255-7200 Phone (626) 795-4700 PRESENTER BIOGRAPHIES ETHICS SESSION – CONFIDENTIALITY Belgium, managing corporate interests in the U.S., Europe, – EXCEPTIONS TO THE DUTY Middle East, Africa, Central Asia and Latin America. Chris served in the U.S. federal government as Deputy THOMAS E. SPAHN Representative for the Coalition Provisional Authority in practices as a commercial Iraq; and was nominated by President George W. Bush litigator with McGuireWoods and unanimously confirmed by the U.S. Senate as in Tysons Corner, Virginia. Assistant Secretary of Labor for Policy. Chris is a graduate

TOGETHER Tom was selected as the of the Honeywell Executive Development Program, a 2013 and the 2020 metro- recipient of Honeywell’s Premier Achievement Award and Washington DC “Lawyer was awarded the U.S. Department of Defense Joint Civilian of the Year” for “Bet the Service Medal. He holds a master’s and bachelor’s degree Company Litigation” by The from the University of Wyoming and is now a board Best Lawyers in America member of the University’s Center for Global Studies and (Woodward/White, Inc.). Louisa Swain Foundation. In 2018, Virginia Lawyers Weekly selected him for inclusion in the inaugural Virginia Lawyers Hall of Fame. COMBATTING THE REPTILE THEORY Tom has served on the ABA Standing Committee on Ethics THROUGH AN EFFECTIVE MOTION and Professional Responsibility, and is a Member of the PRACTICE AND OTHER WINNING American Law Institute and a Fellow of the American Bar STRATEGIES Foundation. He has spoken at over 1,900 CLE programs RICHARD H. HILL is a throughout the U.S. and in several foreign countries. Partner at Weinberg Wheeler Through links on his website bio, Tom has made available Hudgins Gunn & Dial in to the public: his summaries of over 1,600 Virginia and Atlanta, GA, where he ABA legal ethics opinions, organized by topic; a 300 page practices civil litigation. summary of his two-volume 1,500 page book on the Rick represents national and attorney-client privilege and work product doctrine; over regional long-haul trucking 950 weekly email alerts about privilege and work product companies throughout the cases; materials for over 40 ethics programs on numerous U.S. in wrongful death and topics, totaling about 10,000 pages of analysis. Tom personal injury cases arising graduated magna cum laude from and from tractor trailer accidents received his J.D. from Yale . as well as representing tire manufacturers and

TRUCKING’S LEGAL CHALLENGES ATA PRESIDENT’S WELCOME automobile service centers in the U.S. He served as national coordinating counsel for international common CHRIS SPEAR is carrier in wrongful death and personal injury cases arising President and CEO of the from motor coach accidents and represented international American Trucking agricultural conglomerate in defense of personal injury and Associations, advocating wrongful death claims stemming from the largest industrial public policy on behalf of the accident/ explosion in Georgia history. Rick has been nation’s trucking industry. awarded the Top Rated Lawyer in Transportation by He serves on the Board of American Lawyer Media and was listed on the Georgia Directors for the American Rising Stars List, Personal Injury Defense: General by Transportation Research Super Lawyers Magazine in 2010. He graduated cum Institute; Federal Advisory laude from University of Georgia and received his J.D. from Committee on Autonomous University of Georgia School of Law. CONFRONTING Technology; Northwestern University Transportation Center Advisory Council; and Congressional Award Foundation. He serves as Vice Chair for the Trucking Cares Foundation. Previously, Chris was Vice President of Government Affairs for Hyundai Motor Company, serving on the Global Automakers Executive Committee; Vice President of Emerging Markets for Honeywell International, based in Bracknell, U.K.; and Vice President for Honeywell Government Relations in Washington, DC and Brussels, Continued on pg. 9

8 Continued from pg. 8 - COMBATTING THE REPTILE THEORY...

DR. BILL KANASKY is J.W. TAYLOR is the recognized as a national founding member of the expert, author and speaker boutique transportation and in the areas of advanced logistics law firm of Taylor and witness training and jury Associates. J. uses his psychology in civil litigation. industry experience to He consults on more than TOGETHER represent transportation and 200 cases annually in the logistics companies in all legal areas of defendant witness aspects of their business, training, jury decision- including property claims and making research, and jury injury litigation and ADR, cargo selection strategy. claims, and contract disputes. Importantly, his empirically- In addition, J. represents these based consulting methods are specially designed to defeat clients in corporate restructuring, insurance design, equipment plaintiff “Reptile” strategies, which have resulted in billions financing, and risk management matters. This practice focuses of dollars of damage awards across the nation. He earned on placing client companies in compliance with federal and his B.A. in Psychology from the University of North state regulations and statutes to meet underwriting Carolina at Chapel Hill, and his Ph.D. in Clinical and Health requirements, as well as reducing risk exposure across the Psychology from the University of Florida. supply chain. J. also is a frequent guest speaker, and has authored articles for both industry and legal publications. He NON-DELEGABLE DUTY DOCTRINE AND has appeared before ATA, Assn. of Corporate Counsel, National THIRD PARTY NEGLIGENCE Partners Meeting, Advanced Truckers Seminar, HUB National Meeting, Transportation Law Institute, CIC Truckers II Seminar, PAUL B. MELLO is a Advanced Truckers Seminar, ACES Advanced Transportation Partner in Hanson Bridgett’s Seminar, Creative Underwriters Partner Appreciation Weekend, East Bay office, where MCIEF/TRS Annual Conference, regular appear-ances on the represents public and XM Radio-Road Dog Show and others. He received his J.D. private sector clients in high from Mississippi College School of Law, Jackson; his M.Ed. stakes litigation, including from University of South Florida, Tampa, and his B.A. from putative and certified wage Southeastern University, Lakeland, FL. and hour, misclassification, harassment, and discrimination class actions. GARY A. WATT is a

TRUCKING’S LEGAL CHALLENGES His practice focuses on Partner at Hanson Bridgett complex employment in San Francisco, CA. Gary litigation, and he has is a State Bar approved significant experience in all aspects of the transportation Certified Appellate Specialist industry. Paul’s practice also includes providing and serves as Chair of compliance advice and counseling on employment law Hanson Bridgett’s Appellate and transportation law issues. He has handled a wide Practice Group. Gary variety of individual and multi-plaintiff cases in federal and handles writs and appeals in state court including race, sex, disability, and age all of the California appellate discrimination suits, as well as breach of employment courts, including the contract, wrongful termination, fraud, , whistle- California Supreme Court blower, wage and hour and other employment-related and the United States Court

CONFRONTING litigation. He holds a B.A. from the University of California, of Appeals for the Ninth Circuit. His practice also includes Davis and a J.D. from the University of California, Davis dispositive motions such as SLAPP, summary judgment, School of Law. and post-trial motions. His appellate experience gives him unique insights into complex cases and esoteric disputes. He excels at issue spotting and arrives at thoughtful solutions to business problems. His practice includes risk management such as interpreting , indemnity provisions, and more. Gary graduated cum laude from California State University, Hayward and received his J.D. from University of California, Hastings College of the Law.

9 USING MEDICAL ANALYTICS TO DISPUTE Lawyer by Corporate Counsel, is included in The Best UNREASONABLE OR EXCESSIVE MEDICAL Lawyers in America©, and earned an AV-rating through CHARGES Martindale-Hubbell. He was also chosen as a 2017-2018 “Top Flight Lawyer” for B-Metro magazine. He served as NANCY FRASER President of the Auburn University Bar Assn., Chairman of MICHALSKI is Vice the Workers’ Compensation Section of the State President of Med Legal Bar and remains active in the Alabama State Bar and Services at Elevate, a global American Bar Assn. Tom received his B.S. from Auburn

TOGETHER provider of consulting, University and J.D. from at managed services and . technology solutions for law firms and corporate legal departments. Nancy EMPATHETIC RESOLUTION OF CLAIMS provides clients with MEETS AGGRESSIVE LITIGATION - ARE practical ways to improve THE CONCEPTS REALLY THAT DIFFERENT? efficiency, quality, and MICHAEL H. BASSETT outcomes of their bodily is a Senior Partner at The injury claims and litigation, including medical bill auditing, Bassett Firm in Dallas, comprehensive claim reviews, medical record reviews, and TX, where he practices life care planning. Drawing on her extensive experience as mediation, personal injury, a nurse and medical billing expert, Nancy developed a premises liability, products methodology for medical bill audits that has been liability, transportation endorsed by peer review, as well as a patent pending litigation, and professional system for medical record analysis. She is widely liability. He has been recognized as an expert in medical billing and frequently representing truck drivers testifies as an expert witness. Prior to Elevate, Nancy was and trucking company for Founder & CEO of Med Legal Consulting Source, which over 32 years and has tried was acquired by Elevate in 2012. As a registered nurse for over 185 cases to verdict in more than 25 years, Nancy’s experience includes leading counties throughout Texas, Louisiana and Florida. Mike business operations, managing a large medical staff and is a frequent speaker on handling trucking cases and billing department, and assisting in more than 10,000 trial tactics. A member of DRI, Mike also belongs to the surgeries. She received her bachelor’s degree in nursing (Litigation Section), Dallas Bar from the University of Wisconsin-Madison and holds a Association, ATA, Texas Association of Defense Counsel, certificate from the University of Southern California in International Association of Defense Counsel, Association healthcare management development. of Defense Trial Attorneys, and American Transportation TRUCKING’S LEGAL CHALLENGES Lawyers Association. He graduated cum laude with a THOMAS L. OLIVER is a B.B.A. from the University of Texas, El Paso, and received Shareholder at Carr Allison his J.D. from St. Mary’s University School of Law in San in Birmingham, AL, where he Antonio, TX. is a trial attorney specializing in complex matters involving transportation, employment, and professional litigation. He is designated as regional and statewide counsel for numerous companies and their insurers. Tom

CONFRONTING developed the firm’s accident response GO TEAM and coordinates catastrophic accident investigations for various transportation clients. Tom is past chairman of USLAW, as well as Chairman of its Transportation and Professional Liability Committees. Additionally, Tom serves as an adjunct professor of trial advocacy at the Cumberland School of Law at Samford University in Birmingham, Alabama. He has been named to the Mid-South Super Lawyers list, Top

10 LEGAL DO’S AND DON’TS WHEN USING MEREDITH O. VIDEO & COACHING DRIVERS PRIESTLEY serves as Corporate Counsel to Cargo SHELLEY BENNETT is Transporters, Inc. located in Senior Vice President and Claremont, NC. Cargo General Counsel for Lytx, a Transporters is an asset leading provider of video based, transportation telematics solutions, operation offering truckload, TOGETHER enabling fleets to improve dry van service throughout safety, efficiency and the 48 continental United productivity. In her current States. It operates a fleet of role, Shelley oversees Lytx’s approximately 500 tractors legal, legislative affairs and and 1750 trailers, utilizing regulatory compliance some of the most advanced technology. As Corporate matters. She also serves as Counsel, Meredith is responsible for all legal affairs of the corporate secretary and company, including litigation management, contract chief privacy officer. Shelley has over two decades of legal negotiation, and supervision of workers’ compensation experience and has served in numerous leader-ship roles. claims, employment law, regulatory affairs and corporate Prior to joining Lytx in 2011, she practiced corporate and risk management. She also serves as Corporate Secretary transactional law both at a multi-national corporation and a to the Board of Directors. Meredith is a member of the national law firm, specializing in mergers and acquisitions, American Bar Association, North Carolina Bar Association, public and private financing, joint ventures, licensing and her local Catawba County Bar Association. Cargo arrangements, and corporate governance. She is a Transporters, Inc. is an active member of ATA, Truckload frequent speaker on the laws and legal applications, Carriers Association, North Carolina Trucking Association, ramifications and responsibilities related to cameras in and South Carolina Trucking Association. vehicles. Shelley received her B.A. from Dartmouth College and her J.D. from University of Michigan Law School. CURTIS D. RUWE is Vice President and General MARC B. JOHNSON is a Counsel for Crete Carrier Shareholder at BairHilty in Corporation, in Lincoln, Houston, TX. has for over 20 Nebraska. Curtis oversees years been representing the legal support to Crete’s companies in the operating divisions and is transportation, oil and gas, directly responsibility for

TRUCKING’S LEGAL CHALLENGES construction and overseeing Crete’s self- manufacturing industries in insured claims handling litigation involving personal operation. The Crete Carrier injury, wrongful death, Corporation “family” – Crete products liability and Carrier, Shaffer Trucking, business to business and Hunt Transportation, Inc.- represents one of the largest commercial disputes. His privately-held motor carrier groups in the United States. practice also involves legal counseling to clients within Prior to joining Crete, Curtis was a shareholder and chair of these industry sectors on matters including risk the insurance coverage practice group at Arthur, management, corporate structuring and governance, legal Chapman, Kettering, Smetak & Pikala in Minneapolis, compliance, and preparation and negotiation of a wide Minnesota. He earned his B.A. from the University of range of commercial agreements. Marc received his B.B.A Nebraska-Lincoln and his J.D., from the University of

CONFRONTING degree from Sam Houston State University in 1992 and his Nebraska College of Law J.D. degree from Texas Southern University in 1997.

11 GO BEYOND THE POLICY

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truenorthcompanies.com DEFENDING AGAINST NEGLIGENT HIRING Professionals, Transportation Lawyers Assn., Transportation CLAIMS Intermediaries Assn. - Education Committee Member, and the Indiana State Bar Assn. Nathaniel received his B.A. VICTOR F. ALBERT is a from Ball State University graduating cum laude, received Shareholder of the Oklahoma his M.B.A. from Indiana University Kelley School of City Office of Ogletree, Business, and received his J.D. from Indiana University Deakins, Nash, Smoak & Robert H. McKinney School of Law, graduating cum laude. Stewart, P.C. and recently opened the firm’s Oklahoma INDEPENDENT CONTRACTOR STATUS -

TOGETHER office. Vic’s practice focuses BEYOND CALIFORNIA on all aspects of trial law with particular experience in labor KELLI M. BLOCK is a and employment, insurance Partner at Scopelitis. Her defense (bad faith), and practice is devoted to trucking defense. He has serving clients on a wide tried to a jury verdict in over variety of legal issues, with 60 cases in state and federal courts in Oklahoma, many of a concentration on which involved representing motor carriers in alleged claims independent contractor for wrongful death, negligence and negligent hiring of drivers. issues directly facing the Vic assists employers with hiring, training, investigating, and transportation industry. She coaching employees in the workplace. He has researched, focuses her practice on written and assisted with the implementation and representing transportation administration of multistate policies on drug and alcohol carriers, freight-forwarders, testing, violence-free workplace and weapons onsite, and logistics companies in fluctuating work week overtime compensation, paid time off regulatory compliance, transportation contract review, for employees, pregnancy leave and family care leave, owner-operator leasing arrangements, insurance transitional light duty for employees with injuries and disputes, and IRS matters. Kelli also counsels clients on illnesses, and non-solicitation of business and non-compete insurance program development and alternative risk provisions in employment agreements. Vic also assists programs; and on a wide array of regulatory and employers with disciplinary action decisions and separation transportation–related issues. Kelli regularly advises of employment actions. He is experienced in all aspects of clients regarding reclassification of independent employment law agency review and litigation, including contractor owner-operators as employees, insurance and representing employers in: all federal and state courts in and alternative risk management programs, and general for Oklahoma, the EEOC, the federal and state DOL, DOT, business strategies and operational models. She is an and OSHA. Vic holds a J.D. from Oklahoma City University experienced litigator who assists in the defense of motor School of Law and B.B.A. from the University of Oklahoma. carrier client interests concerning state and federal tax

TRUCKING’S LEGAL CHALLENGES matters, as well as class action litigation alleging wage, NATHANIEL G. SAYLOR hour, and other employment law and regulatory violations. is a Partner at Scopelitis She graduated magna cum laude from Midland Lutheran Garvin Light Hanson & Feary College with a B.A. and cum laude with a J.D. from (Scopelitis) in Salt Lake City, Indiana University Robert H. McKinney School of Law. UT, where he practices licensing and commercial TROY D. CAHILL is contract matters within General Counsel and transportation. Nathaniel’s Corporate Secretary for clients include motor carriers, LaserShip, Inc. Prior to property brokers, indirect air assuming leadership of carriers, non-vessel LaserShip’s legal operating common carriers, department in 2013, Troy CONFRONTING and other forwarders. He was in private practice with focuses on complex contractual issues that arise when Akin Gump and served as multiple parties - including carriers, third party Staff Counsel in the intermediaries and/or multiple modes of transportation - are Supreme Court of the United involved. Nathaniel regularly counsels clients on regulatory States. Troy is active in the compliance obligations, especially as they relate to licensing leadership of the and authorities. He is a frequent speaker at transportation Customized Logistics and Delivery Association and industry association conferences. He is a member of the co-chairs the Association of Corporate Counsel, National Airforwarders Assn., Assn. for Transportation Law Capital Region Small Law Department Forum.

Continued on pg. 14 13 Continued from pg. 13 - INDEPENDENT CONTRACTOR STATUS - BEYOND CALIFORNIA

SHANNON M. COHEN is as regulatory and licensing compliance. Allyson counsels a Partner at the Scopelitis clients on a wide array of transportation issues including firm in Indianapolis, IN. She IC issues, owner-operator arrangements, Federal Leasing provides legislative counsel Regulations, motor carrier and logistics operations and services to the firm’s clients. business dealings, and contract reviews. She regularly Shannon primarily practices drafts and reviews various transportation-related in the areas of transportation contracts, including logistics services contracts, motor

TOGETHER law and government affairs. carrier services contractors, and IC agreements. She is She monitors forthcoming also a frequent speaker at IC roundtables for industry and active legislation and groups and client management meetings. Allyson regulation pertaining to issues received her J.D. from Indiana University Maurer School affecting motor carriers, with of Law and B.A. from University of Illinois at an emphasis on legislation Urbana-Champaign. touching on the IC status of owner-operators. Shannon GREGORY M. FEARY is regularly assists in drafting and revising legislation and President and Managing assessing and communicating the impact of such legislation Partner at the Scopelitis in on the trucking industry. She received her B.S. from Indiana Indianapolis, IN. His University and her J.D. from Indiana University Maurer School practice includes of Law, graduating cum laude. She is a member of transportation law, Indianapolis, Indiana and American Bar Association. Independent Contractor (IC) law, transportation BRADEN K. CORE is a insurance law, legislative Partner at the Scopelitis firm support, and transportation in Indianapolis, IN. He contract matters. He focuses his practice on the audits clients’ IC programs representation of motor and provides legislative carriers and logistics support on IC issues. He counsels clients on alternative companies in a number of risk programs, conducts insurance audits and different areas, including supervises litigation in the areas of premium disputes regulatory compliance and specialized transportation insurance coverage (including the federal leasing controversies. Greg regularly designs IC programs and regulations), contract defends IC disputes. Greg is a member of the reviews, and owner-operator Indianapolis, Indiana State and American Bar arrangements. He also Associations. He is a member of ATA’s Insurance Task

TRUCKING’S LEGAL CHALLENGES regularly consults on the use of arbitration agreements in Force for which he has served as Chair of its Lawyer’s the transportation industry and personally attended the Subcommittee and IC Committee; and the Advisory oral argument in New Prime as part of Scopelitis’ coverage Board of Purdue University’s Center for Transportation of that case. Finally, Braden is an experienced litigator Distribution Logistics. Greg serves as an Adjunct who has tried several commercial cases, including jury trials, Professor of Law-Indiana University, Robert H. and participated in the defense of class actions against McKinney School of Law. He is the author of The motor carriers involving claims brought under the Federal Definitive Industry Primer on Occupational Accident Leasing Regulations and state wage-and-hour laws. He Insurance in Trucking, and the Independent Contractor received his J.D. from Indiana University and B.A. from the Employment Classification: A Survey of State and University of South Carolina, graduating cum laude. Federal Laws in the Motor Carrier Industry, 35 Trans. ALLYSON E. FEARY is a Law J. 139 (2008). He drafted Indiana’s law deeming Partner at the Scopelitis owner-operators of trucks to be ICs for purposes of CONFRONTING firm in Indianapolis, IN. workers’ compensation. He received his B.A. from Allyson’s practice focuses Eastern Illinois University, and J.D. from Indiana on IC issues, including University Robert H. McKinney School of Law. auditing clients’ IC programs and assisting in the counsel of and design of IC programs. Her practice also focuses on transportation and logistics contracting issues, as well

14

REGULATORY INVESTIGATIONS & AUDITS: KELLY E. MULRANE is A LEGAL GUIDE ON PREP & RESPONSE an Associate in Benesch’s Litigation Practice Group LAWNA L. HURL is Vice and a member of the President Legal and Transportation & Logistics Corporate Secretary for Group. Kelly’s practice Trimac Transportation, focuses on complex providing premier bulk commercial litigation, transportation and related

TOGETHER including contract disputes, services across North business , wrongful America since 1945. At death and personal injury Trimac, she is responsible defense, as well as for a wide variety of legal transportation and logistics- and regulatory matters from related claims. She regularly argues in trial and appellate transactional work to courts across the country. In addition to her litigation environmental compliance practice, Kelly specializes in federal licensing and and everything in between. Prior to Trimac, she served as compliance of motor carriers, brokers, and freight Senior Legal Counsel to Rockpoint Gas Storage, and forwarders. She has experience in obtaining initial federal Counsel to Chevron Canada Resources. She is a graduate licenses, reinstatements, voluntary revocations, of the University of Toronto, Rotman School of consolidations, and transfers of federal transportation Management/ Beedie School of Business SFU Directors of authority. She received her J.D. with honors and to trial Education Program; and Certification in In-house Counsel, tactics awards from Case Western Reserve University Legal Professions Studies. Active in the community, School of Law, 2011, J.D. and her B.A. in History and Lawna served on the Board of Governors for the University Sociology from The Ohio State University. of Calgary for three years and is currently on the Board of the Centre for Sexuality in Calgary and for SheIS, a not for profit dedicating to uniting the sports world to connect ERIC L. ZALUD is the with and mobilize fans to grow women’s sports. Associate Chair of the Litigation Practice Group PETER N. KIRSANOW is and the Co-Chair of the a Partner at the Benesch Transportation & Logistics firm in Cleveland, OH, where Practice Group at the he focuses his legal Benesch firm in Cleveland, practice on representing OH. Eric focuses his management in practice primarily upon employment-related

TRUCKING’S LEGAL CHALLENGES commercial litigation, litigation and in contract transportation, logistics and negotiations, NLRB pro- e-commerce law ceedings, EEO matters, consultation and litigation, arbitration, and related insurance, coverage and bad faith matters, regulatory regulatory compliance compliance, and product liability matters, including matters. Peter served as a medical device, consumer product, and industrial presidential appointee to the National Labor Relations product defense. He has litigated or arbitrated matters Board in Washington, D.C. for two years being involved in 29 states, before state and federal trial and appellate with significant decisions including Oakwood Healthcare, courts in various jurisdictions, and before the Surface Inc., Dana/Metaldyne, and Oil Capital Sheet Metal, Inc. Transportation Board, the Department of Veterans Affairs, He continues to advise members of the U.S. Congress on and the U.S. Olympic Committee. Eric has been named employment law matters. Peter was recently reappointed

CONFRONTING Best Lawyers’ 2013 Cleveland Transportation Lawyer of by the Majority Leader of the House of Representatives to the Year, and listed on The Best Lawyers in America© his fourth consecutive six-year term on the U.S. from 2007-2020 and Ohio Super Lawyers 2004-2020. Commission on Civil Rights. He has been listed on the Eric is the Transportation Lawyers Assn.’s Immediate Chambers USA Leading Lawyers in Labor & Employment Past President, and an Assn. of Transportation Law from 2016-2020, listed on The Best Lawyers in America © Professionals, Intermodal Assn. of North America, and from 2014-2020, and listed on Ohio Super Lawyers from the Trucking Industry Defense Assn. member. Eric 2015-2020. Peter received his B.A. from Cornell graduated cum laude from Miami University and received University and his J.D. from Cleveland State University, his J.D. from Law School. Cleveland-Marshall College of Law.

16 DATA PRIVACY - OBLIGATIONS UNDER THE CHARLES BAXTER has LAW AND IN PRACTICE served as United Road’s Vice President of Risk MOLLY A. ARRANZ is a Management since May Partner and the chair of 1998. United Road is the SmithAmundsen’s Data nation’s largest provider of Privacy, Security and vehicle transportation Litigation Practice Group. logistics services delivering She is a certified privacy TOGETHER cars to customers in the professional (CIPP/US) and continental U.S., Alaska, a recognized Privacy Law Puerto Rico and Canada. In Specialist by the American his capacity as Risk Bar Association. Molly Manager, Charles manages regularly advises United Road’s insurance programs, including the companies about how company’s two captives and directs claim management to protect against, and and resolutions. He serves on the Client Advisory Board respond to, cyber and privacy invasions, and has for Chubb USA, the Client Leadership Council for US Law, provided compliance counseling to a global provider and United Road was recently appointed to the Board of of cloud services. She has advised multiple companies Managers of the National Council of Self Insurers. Prior to on their incident response protocol and has served joining United Road, Charles served as manager of as a breach coach for multinational and international environment, health and safety between 1992 and 1998 for companies. Molly also counsels clients on compliance United Waste Systems; a Greenwich, Connecticut-based considerations involving consumer protection waste management company. Charles’ prior experience regulations, data privacy practices, notification and includes various positions with the State of Massachusetts, consent requirements and advertising regulations. Department of Environmental Protection. Charles earned a Molly is a partner in the firm’s Class Action Practice B.S. from Montana State University and a M.A. from Group. She has defended 80+ class actions involving Boston University where he received a Jesse B. Noyes a range of legal theories, including privacy violations, Foundation Fellowship. consumer fraud, breach of contract, breach of warranty LEW R.C. BRICKER is a and misrepresentation. She defends clients in claims Partner at SmithAmundsen arising from the Fair & Accurate Credit Transactions in Chicago, where he Act (FACTA), the Fair Credit Reporting Act (FCRA), the practices commercial Fair Labor Standards Act (FLSA) and the Telephone transportation, products Consumer Protection Act (TCPA). She represents liability and commercial a wide variety of companies from small family-

TRUCKING’S LEGAL CHALLENGES litigation. He also counsels owned businesses to Fortune 500 companies. Molly clients and attorneys on graduated magna cum laude from Marquette University best practices for managing and received her J.D. from the University of Wisconsin and litigating issues Law School. 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 served as the chair of the USLAW Transportation Practice Group. He designed and

CONFRONTING coordinated the Transportation Motor Carrier Boot Camp, a training program for transportation lawyers held every two years. He has received the Martin-Hubbell 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.

17 THE LAW & CYBER SECURITY: WHAT MATTHEW EVANS is a THOSE IN TRUCKING NEED TO KNOW Principal and Practice Leader, Risk Management at ALISA L. CHESTLER, TrueNorth Companies. Matt CIPP/US, is a Shareholder at specializes in developing Baker Donelson in Nashville, risk management and TN, where she concentrates insurance programs for the her practice in privacy, professional liability industry. TOGETHER security and information His team approach, management issues; health innovative energy and focus care and insurance are integral in developing regulatory compliance; and lasting solutions. When corporate transactions implemented, these matters. Alisa serves as the strategies empower clients to provide quality care and chair of the Data Protection, advice to patients, clients and staff. TrueNorth’s Privacy and Cybersecurity professional liability team has created two risk Team. She routinely counsels clients on data privacy and management processes: the ProAdvantage for security matters that arise from federal and state laws, professional liability needs and the Cyber Defender a including HIPAA, GLB, FCRA/FACTA, state data breach proactive service to protect and educate organizations laws and the Payment Card Industry (PCI-DSS) from the threat of a security or data breach. Matt first requirements. She also counsels clients on global data became a practice leader at TrueNorth in 2008 and is now protection laws, including the General Data Protection a proud member of TrueNorth’s ownership group. Matt Regulation (GDPR). She has significant experience graduated from Luther College with a BA in Accounting assisting clients in developing comprehensive privacy and and Economics. He received his MBA from the University security programs and working with management to of Denver, Daniels School of Business. identify risk management issues, many times in anticipation of corporate transactions. Alisa was listed in Washington, DC Super Lawyers in the area of Health Care, NATHAN H. HARWELL is 2012-2020, as well as being a member of the International the Executive Vice President Assn. of Privacy Professionals, and Health Care and Chief Legal Officer of Compliance Assn. She is also a member of the American U.S. Xpress Enterprises. Health Law Assn. where she currently serves as the Health Nathan oversees the USX Information and Technology Practice Group, having served Legal and Risk Departments as the Vice Chair from 2015-2018 and Leadership and also manages the USX Development from 2014-2015. Alisa received her B.A. Board of Directors and TRUCKING’S LEGAL CHALLENGES from Ithaca College and her J.D. from Hofstra University Committee meetings in his School of Law. role as the Corporate Secretary. Nathan joined U.S. Xpress in January 2020. Prior to that, he was General Counsel & Corporate Secretary for Rinnai America Corporation where he also served as a member of the company’s Board of Directors. Prior to Rinnai, Nathan worked at Medtronic, a $30 billion global medical device manufacturer, where he supported the product development and business development efforts of the company’s Spine and Biologics Division in Memphis,

CONFRONTING . With over 16 years of legal experience, Nathan has expertise in litigation, product development, business development, labor & employment, intellectual property and strategic planning. He is a graduate of Carson- Newman College and received his J.D., cum laude, from the Walter F. George School of Law at Mercer University.

18 NTELLECTUAL PROPERTY – INTERNAL & courts throughout the country including, but not limited to, EXTERNAL THREATS TO CARRIER ASSETS high-dollar cargo claims, freight charge and pricing controversies, breaches of transportation, logistics, and JOSHUA S. FRICK serves warehousing agreements, prosecution of subrogation as Of Counsel at Barnes & claims, insurance coverage disputes, trade-secrets and Thornburg, LLP in the firms unfair competition litigation, and class action defense. He Chicago office. He focuses also defends third-party logistics providers and carriers in his practice on trademarks,

TOGETHER catastrophic injury actions arising out of the transportation unfair competition and of goods. Marc consults with clients on contracting copyrights. He comes to practices and operating procedures, navigating the the firm with more than 10 changing regulatory landscape, and minimizing liability and years of experience serving maximizing growth opportunities. He is a Past President of as an advocate for client the Transportation Lawyers Assn., currently serves as brands. Clients depend on outside General Counsel to the Intermodal Assn. of North him to provide creative, America, and is a Past President of the Columbus forward-thinking strategies Roundtable of the Council of Supply Chain Management that address the new opportunities and threats posed by Professionals. Marc is active in ATA, Transportation social media and the related challenges of an increasingly Intermediaries Assn., International Warehousing Logistics connected global marketplace. His litigation experience Assn., and Transportation Logistics Council. He earned his spans virtually all phases of trademark, false advertising B.A. from Case Western Reserve University (magna cum and copyright cases in federal court. Joshua has also laude; Phi Beta Kappa); and his J.D. from The Ohio State handled several complex trademark disputes before the University, Moritz College of Law. U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board. Joshua’s non-litigation experience encompasses the development and maintenance of JESSE P. ELISON is domestic and international trademark portfolios and General Counsel at enforcement programs, providing clearance opinions, Montgomery Transport, LLC, drafting licensing documents, and advising on advertising a Birmingham, AL-based matters. He handles domain name disputes under the nationwide, leading flatbed Uniform Dispute Resolution Policy (UDRP) and works with carrier specializing in U.S. Customs and Border Protection to prohibit over-length and over-width importation of infringing and counterfeit articles. He is a hauls. Prior to his current member of the International Trademark Association (INTA). position, Jesse was an Joshua received his J.D. from Washington University in St. attorney at Smith Moore Louis School of Law and his B.A. from Indiana Leatherwood in Atlanta, GA TRUCKING’S LEGAL CHALLENGES University-Bloomington. (and then Fox Rothschild LLP), where he represented UNIQUE LEGAL ISSUES IMPACTING regional and national motor carriers and intermediaries. INTERMODAL OPERATIONS & SPECIALIZED He brings extensive in-house experience on motor carrier MOTOR CARRIAGE and shipper contracts, commercial transactions, IC agreements, real property leases, accident and freight MARC S. BLUBAUGH is claims, risk management, regulatory compliance and labor a Partner and Co-Chair of and employment issues. Jesse has also served as Benesch’s Transportation & assistant general counsel at Quality Distribution, Inc., an Logistics Practice Group, international transportation company and industry leader which has been designated of bulk transport services in North America, and general by U.S. News & World counsel at Watkins and Shepard Trucking, Inc. He CONFRONTING Report as the received his B.A. from Brigham Young University, M.T.S. “Transportation Law Firm of from Harvard Divinity School and his J.D. from University the Year” for 2020. Marc of Oregon School of Law. has been recognized as a “Best Lawyers in America” in the area of Transportation Law. He represents international and domestic third-party logistics providers and carriers of all modes in a wide variety of disputes in Continued on pg. 19

19 Continued from pg. 18 - UNIQUE LEGAL ISSUES ...

JONATHAN R. TODD is a STEPHANIE S. PENNINGER Partner with Benesch’s is a Senior Director, Transportation & Logistics Transportation Counsel at XPO Practice Group. He represents Logistics, a publicly traded, clients exclusively in Fortune 500 transportation transactional and regulatory logistics services provider with matters associated with over 1,500 locations in 32 transportation and logistics countries, and over 100,000 TOGETHER services. His expertise in all employees. In her role, she aspects of commercial assists XPO in navigating the operations and compliance ever-changing regulatory has proven valuable to both landscape in the transportation industry at large and to and logistics industry, government agencies. For developing operational best example, US Transportation Secretary Anthony Foxx appointed practices and global customer solutions. Stephanie works close him in 2016 to the FMCSA Advisory Committee known as the to the business in its performance of freight forwarding, NVOCC, “Household Goods Consumer Protection Working Group” as indirect air carrier, and customs brokerage operations. She also mandated by the FAST Act. Prior to joining Benesch he was tends to day-to-day legal matters that arise on the domestic Senior Counsel at large motor carrier with domestic and side of XPO’s operations. Stephanie’s expertise in advising on international operations. He received his MBA in Supply global supply chain legal matters has also proven valuable to Chain Management and his J.D and International Law industry associations. For instance, she is Chair of the American Certification from St. Louis University; and his B.A. from Bar Assn.’s Admiralty and Maritime Law Committee and a Westminster College. Member-at-Large, serving on the Transportation Lawyers Assn.’s Executive Committee, and as Co-Chair of the TLA’s Chicago Regional Committee. She is also a proud member of the BUSINESS CONTINUITY: KEY LEGAL Transportation Intermediaries Assn.’s Food Advisory and Carrier ISSUES & TIPS Selection Committees, and a past member of TIA’s Educational MICHAEL Y. LATEEF is a committee. A former Partner and Maritime Transportation Chair Partner at Hanson Bridgett in of Benesch, Stephanie has spoken all over the country to San Francisco, CA, where he various industry groups and their membership and written is a corporate transactional numerous published articles regarding maritime law matters, attorney whose practice avoiding and litigating cargo claims and mitigating risk when focuses on corporate transporting or arranging the transportation of food. Stephanie financings, venture capital, received her J.D. from Michigan State University School of Law tax, and mergers and and B.A. from the University of Michigan.

TRUCKING’S LEGAL CHALLENGES acquisitions. He works closely WILLIAM D. TAYLOR is a with start-up and private and Partner at Hanson Bridgett in public companies on issues Sacramento, CA. Bill maintains related to equity and both a transactional and financing, tax matters, the litigation business practice structuring of executive representing all types of compensation (including stock arrangements), strategic business ventures, both ventures, acquisitions and management buy-outs. Michael publicly and privately owned. counsels clients in all phases of business development, Bill’s transactional practice including capital formation, operation, acquisition, and includes M&A advice and restructuring. He is a member of the State Bar of California, counsel for both domestic and Business Law Section. Michael received his B.A. from international deals, corporate University of California, Santa Barbara, his J.D. from University reorganizations, and other CONFRONTING of San Francisco School of Law, and his LL.M., Tax, from strategic business plans. Bill Golden Gate University School of Law. 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. He has a keen understanding of the intricate contractual arrangements central to the movement of products in intrastate, interstate and foreign commerce. Bill regularly consults clients regarding co-employer claims related to independent contractor relations in this industry. He received his A.B. from California State University, Chico, and his J.D. from the University of California, Hastings College of Law. 20 INSURANCE WORKSHOP JOHN DETLEFSEN is Executive Vice President of JEFF BENZIN, Vice Risk Management and President at Everest Safety at Suntecktts, a Insurance Company, heads full-service multi-mode up the Central Region Risk transportation solutions Management Group focused provider operating through a on the large customers who network of sales, operations

TOGETHER buy their casualty insurance and capacity specialists. on a loss sensitive basis. With over 24 years of Jeff has been in his current transportation experience, role with Everest for the last John has previously served three years. Prior to working as Sr. Vice President of for Everest Jeff was with Safety, Compliance and Maintenance at XPO Logistics, Zurich North America for 22 Inc.; Sr. Vice President of Safety, Fleet Development and years where he held a number of underwriting roles and M&R at Pacer International, Inc.; Executive Vice President managed their large accounts transportation practice for of Gabriel Technologies Corp.; Director of Corporate the last 15 years. Jeff has over 30 years of underwriting Security and Cargo Loss Prevention at Landstar; and experience starting his insurance career in the Mid-80s. Director of Risk Management & Corporate Security at CSX Intermodal. He graduated with honors from Jacksonville J. DANIEL COOK, University with a B.A.Sc. CPCU, CIC, CRM, ARM,

AMIM, AAI, TRS is a Principal and National TIMOTHY F. LAROCCA Practice Leader, is an Executive Vice Transportation, at TrueNorth President with AmWINS Companies. Dan’s respon- Brokerage of the Midwest. sibilities include helping He has been with AmWINS clients develop risk for the past 10 years and financing strategies related currently helps lead its to reducing cost-of-risk on Excess Transportation a long-term, sustainable Practice. Tim has been an basis that aligns with their E&S Wholesaler since the operational objectives. Dan leads the national primary Mid-80’s and has transportation practice in addition to heading large project specialized in the Excess TRUCKING’S LEGAL CHALLENGES teams; his passion stems from the ‘innovate’ and ‘build’ transportation arena since aspects of a business, procuring development of industry- the mid-90’s. He received his B.S./B.A. in Finance and leading processes, such as the 5C’s of Risk Financing™ Economics from Creighton University. approach. Over the past 20 years Dan has developed a Risk Based Due Diligence model that assigns additive or ERIC MCCONNELL derivative value against EBIDTA. Dan leads the TrueNorth is Vice President of Risk M&A Advisory Group facilitating transactions from both Management at J.B. Hunt the buy and sell sides. Dan graduated from Ferris State Transport, Inc., an S&P University with a Bachelor of Science in Finance and 500 company providing Insurance. Dan joined the TrueNorth team in 2013. innovative supply chain Prior to that Dan was Vice President – National Accounts solutions for a variety at Marsh & McLennan Agency Company. Previously CONFRONTING of customers throughout holding executive positions with an insurance company, North America. multiple insurance agencies and a national broker he He has overseen claims brings a wealth of perspective. and risk management since 2012. Prior to J.B. Hunt, Eric was Director of Risk Management for USA Truck, Inc.

Continued on pg. 21

21 Continued from pg. 20 - INSURANCE WORKSHOP

CHRIS E. MIKOLAY serves JEFFREY S. TOOLE is a as Vice President of National partner who primarily Accounts and Truck practices in the areas of Alternative Risk at National transportation insurance Interstate Insurance law and contract analysis, Company. Known for regularly reviewing and identifying creative solutions negotiating insurance TOGETHER to tough problems, Chris contracts on behalf of the works with large trucking and firm’s clientele. Jeff has transportation fleets to help established and provides them finance risk in the ongoing counsel to many smartest way possible. In captive insurance addition to his current role, arrangements and regularly Chris has served in a variety of product management, sales assists clients with collateral analysis, earned and and marketing positions at National Interstate over the past unearned premium analysis, and related tax issues. His 14 years. Earlier in his career Chris helped start a company, practice also includes coverage analysis, employment Skydex Technologies, that integrates proprietary cushioning benefits, professional liability claims, litigation, and and protective materials into a variety of consumer and probate administration. A former intern to the Honorable military applications. Chris graduated from Miami University Randall T. Shepard of the Indiana Supreme Court, Jeff with a BS in Marketing in 1999 and received an MBA from often speaks on issues of insurance program design and Kent State University in 2010. administration and has authored several articles related to transportation insurance issues. Jeff received is B.S. TRENT TILLMAN is the from Indiana University and his J.D. from Indiana Executive Vice President University Robert H. McKinney School of Law graduating and principal owner and summa cum laude. board member of the Transportation Division of TrueNorth Companies in Cedar Rapids, IA. He has spent his entire career in TrueNorth’s Transportation Division, and today has the honor of leading and coordinating TrueNorth’s TRUCKING’S LEGAL CHALLENGES talented team of 100+ divisional employees in their mission of helping transportation companies and their people protect and maximize assets, resources and opportunities. Trent is actively involved in the transportation industry, sitting on policy committees for ATA and is also actively engaged in Truckload Carriers Association, Intermodal Association of North America, and the American Moving and Storage Association, among others. Trent graduated from the University of Northern Iowa with a B.A. in Finance and Real Estate. CONFRONTING

22 TOGETHER

In addition to hosting this annual Forum, the ATA Litigation Center engages 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 intervenor, and as an amicus curiae. They also monitor and educate members about legal developments in courts and legislatures that will affect the motor carrier industry. To learn more, go to: http://www.trucking.org/Law_and_Litigation.aspx.

Among its other activities, the ATA Litigation Center regularly hosts monthly Law Review webinars and when possible, an annual Motor Carrier Class Action Roundtable, which provides motor carriers and attorneys who are dealing with the ongoing wave of class action TRUCKING’S LEGAL CHALLENGES litigation against the trucking industry, the opportunity to converse about recent developments and emerging challenges. The Roundtable typically convenes in conjunction with ATA’s October Management Conference & Exhibition meeting. In addition, the ATA Litigation Center held its inaugural Accident Litigation Roundtable at last year’s ATA Mid-Year Management CONFRONTING Session. Those interested may contact Rich Pianka at [email protected].

23 Save the Date! 2Trucking Legal Forum July 25-28, 2021 The Madison • Washington D.C. ATA MEMBER LAW FIRMS AND LEGAL SERVICE PROVIDERS

Adams and Reese LLP Baker Donelson Berman Caldwell & Berkowitz, PC Benesch Friedlander Coplan & Aronoff LLP Breazeale Sachse & Wilson, LLP Connell Foley, LLP Drivers Legal Plan Fee Smith Sharp & Vitullo LLP Fernandez Trial Lawyers, P.A. Fisher & Phillips LLP Frost Brown Todd LLC Galloway Johnson Tompkins Burr & Smith, PLC Grant Thornton LLP Hanson Bridgett LLP Heyl Royster Voelker & Allen, P.C. Jackson Lewis P.C. Lewis Brisbois Bisgaard & Smith LLP Littler Mendelson P.C. Mayer Brown LLP McGuireWoods LLP Murchison & Cumming LLP Nicklaus & Associates, P.A. Nossaman, LLP Ogletree Deakins Nash Smoak & Stewart, P.C. Rebman Linhares & Beachem, P.C. Reminger Co., LPA Roberts Perryman, P.C. Scopelitis Garvin Light Hanson & Feary, P.C. The Bassett Firm The Hunt Law Group, LLC TVC Pro-Driver U.S. Legal Services Weinberg Wheeler Hudgins Gunn & Dial, LLC Williams Kastner Wilson Elser LLP