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10 full law program 5 17 10


									2010 Transit Law Seminar

        Drury Plaza Hotel
       San Antonio, TX
        June 13-15, 2010
                           South West Transit Association
                                  2010Transit Law Seminar

Sunday, June 13
3:00               Registration
3:30               Regional Roundup: Discuss the good, the bad and the ugly about current regional
Room 412           transit agency issues with your peers. An informal roundtable format. Room 412

5:30               Welcome reception - 2nd floor atrium
6:30               Dinner on your own

Monday, June 14
7:30            Registration - Breakfast (meal is served on the 2nd floor from 6:6 - 7:30 a.m.)

8:00            Welcome and Introductions -
                        Keith T. Parker, President/CEO, VIA Metropolitan Transit

8:30 - 9:30     Case and Regulatory Update of ADA Transit/Paratransit Issues
Room 400        This session will provide examples of case law to provide transit agencies updates
                regarding the full and correct implementation of the ADA for both transit and paratransit
                        Anthony Anderson, Partner, Thompson Coburn

9:30 - 10:30    Real Time Law: What You Must Know, Now about FMLA & FLSA
Room 400        The Family and Medical Leave Act (FMLA) has been revised and took effect January,
                2009. The Fair Labor Standards Act (FSLA) passed in the 1930’s, is more relevant than
                ever with FSLA collective actions on the rise . There is money at stake. What are the
                latest cases interpreting the DOL’s regulations and what policies do your transit
                agencies need to revise to keep compliant?
                         Michael Maslanka, Ford and Harrison
                         Author of “Maslanka's Field Guide on the FMLA" and "Maslanka's Field
                         Guide on the FLSA." and ABA Top 100 Blogger

10:45-11:45     Safe Transit: Legal Concerns and Liabilities
Room 400        Traveling on public transportation should be a safe and comfortable experience.
                Numerous security measures have been adopted to maximize the safety of travelers
                including: security officers, police, guards, help points, good lighting and security
                cameras. Case law and examples will be provided.
                        Paula Alexander, General Counsel, Houston METRO
                        Reginald Mason, Safety Officer, Houston METRO

11:45 - 12:30           Lunch with presentation by VIA staff
 (2nd floor atrium)

                         South West Transit Association
                               2010Transit Law Seminar

12:45 - 2:45            Concurrent Sessions - choose topic(s) of interest
Room 406       A. Positive Train Control (PTC) & Statutory Criteria on New Starts:
               Positive Train Control (PTC) refers to technology that is capable of preventing train-to-
               train collisions, overspeed derailments, and casualties or injuries to roadway workers
               operating within their limits of authority as a result of unauthorized incursion by a train.
               This presentation will focus on PTC rulings as well as the statutory criteria on New
               Starts as put forth by the Federal Transit Administration (FTA) and how both affect
               current and future rail projects in the SWTA region.
                        Wayne Friesner Vice President of Commuter Rail & Railroad Management for DART
                        Edward J. Fishman, Partner, K & L Gates
Room 400       B. Procurement Rules and Regulations update
               An update on evolving procurement standards, with particular focus on the newly
               released Bus Guidelines. A discussion of Congressionally mandated reviews of
               contracts under the American Recovery and Reinvestment Act. Discussion of current
               issues in procurement policy.
                       James LaRusch, Chief Counsel, APTA
                        Peggy Howarth, Ex. Director, Monroe Co. Transportation Authority
Room 400       C. 13 (c) Labor Protection and Fact Finding
               This is an open dialogue presentation that will focus on 13(c) basics, and issues
               related to Fact Finding, a dispute resolution mechanism that can serve as a meaningful
               alternative to interest arbitration and strikes.
                        Tony Anderson, Partner, Thompson Coburn

3:00 - 4:00    Bonding 101 - Innovative Transit Financing with Standard Tools
Room 400       The content of the session will discuss the role of the issuer, the bond counsel and the
               financial advisor, understanding the statutory authority for debt issuance, different
               forms of debt (short term, long term) tax exempt vs. taxable, normal long term debt
               terms and structures, typical bond sale calendar for an issuer, web-based road shows,
               competitive vs. negotiated sales, new debt products (BAB's), other debt options (TIFIA,
               RIFF, State debt issues, etc).
                        Dave Gordon, Estrada Hinojosa & Company
                        Clay Binford, Associate, Fulbright & Jaworski, LLP
                        David Leininger, CFO, DART

4:00 - 5:00    Ethics - Profiting from Great Corporate Ethics
Room 400       Attorneys and upper level executives at organizations all over the U.S. have placed a
               renewed value on ethics and regulatory compliance and found increased efficiencies
               and profitability. In this hour, case studies of those successful in implementing Codes
               of Conduct and a proactive emphasis on organization-wide ethics compliance will be
               discussed and examined.
                       Lee Cusenbary, Jr., General Counsel, Chief Legal Officer, Mission Pharmacal

5:00                   Sessions adjourn for the day

6:00                   Dinner and entertainment at Boudro’s Cellar - meet in the lobby at 5:45
                       to walk to dinner. 207 North Presa, San Antonio, TX 78205
                          South West Transit Association
                               2010Transit Law Seminar

        Tuesday, June 15
7:30           Registration - Breakfast (meal is served on the 2nd floor from 6 - 7:30 am)

8:00 - 9:00    What General Managers and Transit Board Members
Room 400       Must Know to Keep Legal
               How can we make the best use of our attorneys? This session will address the
               relationship between your legal team (in-house and outside counsel) and the Board of
               Trustees, management and staff. Knowing how and when to use outside and in-house
               legal counsel will help transit managers and board members make confident, informed
               and legal decisions to serve their constituents well. This session will also provide
               insight to the lawyer's role within the agency, the complexities that can emerge and how
               to provide sound legal advice in the midst of the storm.
                                 Moderator: Bonnie Prosser, General Counsel, VIA
                                 Kerri Butcher, Chief Counsel, Capital Metro
                                 Gary Rushing, Transportation Manager, Heart of TX COG
                                 Crystal Lyons, Board Chair, Corpus Christi RTA

9:00 - 10:00   MySpace or Your Space - Employees’ Social Networking Sites
Room 400       This course will provide a brief overview of the legal issues that face employers in light
               of the rapidly changing world of online social networking. We will identify the different
               types of social media that currently exist. Discussion will address the various ways that
               social media can affect both current and potential employees. Finally, the course will
               identify the key components of a successful social media employment policy.
                                 Joe Gorfida, Partner, Nichols, Jackson, Dillard, Hager & Smith,
                                 L.L.P., Dallas, Texas

10:15 - 11:15 Livability and Joint Development - FTA’s New Initiative for All Grantees
Room 400       Implementing the Department of Transportation’s Livability Initiative through transit-
               oriented and joint development - This presentation will highlight FTA program and policy
               initiatives that can be used by transit agencies to enhance the livability of communities
               and access to public transportation when planning and designing transit capital projects.
               There will be a special focus and discussion concerning the statutory criteria that
               establish eligible joint development projects and FTA’s review and approval process for
               transit-oriented joint development projects.
                                  Eldridge Onco, Regional Counsel, FTA, Region VI

11:15 - 12:15 Federal Transit Administration Regional and National Updates
Room 400                       Eldridge Onco, Regional Counsel, FTA, Region VI
                               James LaRusch, Chief Counsel, APTA

12:30                  Seminar adjourns

                       Please return your name badge holder and
                  CLE paperwork to the registration desk prior to leaving.

                                               Guest Speakers
Anthony A. Anderson is a partner with Thompson Coburn, LLP and practices primarily in the area of
administrative and legislative law with particular emphasis in mass transit, railroads, highways, transportation
financing, transportation labor, and disability matters. He has extensive experience with issues arising under the
transportation provisions of the Americans with Disabilities Act of 1990 and has more than 20 years experience
negotiating agreements entered into pursuant to Section 13(c) of the Federal Transit Act.

Clayton Scott Binford joined the San Antonio office of Fulbright & Jaworski in 2007 as a senior associate.
Clay's practice focuses primarily on public finance matters, including bond, bank, and underwriter's counsel in tax
and revenue-supported financings. He also has experience with governmental project finance and derivative
transactions. His education background includes: 2001 - J.D., cum laude, St. Mary's University School of Law and
1998 - B.B.A., Texas A&M University.

Kerri Butcher is the Interim Chief Counsel to the Capital Metropolitan Transportation Authority serving Austin,
Texas and the surrounding Central Texas Region. She is responsible for managing the legal affairs of the Authority,
the agency’s records management program and supporting the Board of Directors. Before joining Capital Metro in
2007, Kerri spent 10 years in a policymaking role on a wide range of public policy issues as the Chief of Staff to a
member of the Texas Legislature. Kerri received her Bachelor of Arts Degree from Austin College in Sherman,
Texas and her Juris Doctorate from the University of Texas School of Law.

Lee Cusenbary is an attorney and General Counsel for Mission Pharmacal Company in San Antonio. He was the
2006 Chairman of the Board for the Central/South Texas Chapter of the Association of Corporate Counsel (ACC),
which was selected as the U.S. Chapter of the Year that same year. Cusenbary has chaired the ACC ethics
conference for five years, and writes an original parody musical for the conference called “Ethics Follies®” using
timely ethics issues from the media and court cases to raise ethics awareness in the courtroom and the boardroom.
Cusenbary’s commitment to keeping San Antonio a great place to live and work was recognized in 2009 by The
San Antonio Bar Association with the President’s Award and he was voted WOAI’s 2008 People’s Choice “San
Antonian of the Year.”

Edward J. Fishman, is a partner in the K & L Gates Washington, D.C. office, has a broad range of experience
advising clients with respect to U.S. and foreign government procurements, cross-border transactions and complex
infrastructure projects. He manages a global team of lawyers that conducts FCPA due diligence and compliance
reviews, has provided Code of Conduct training to clients in numerous countries, and regularly advises clients with
respect to matters before the U.S. Department of Justice and the U.S. Securities and Exchange Commission. Mr.
Fishman also has considerable experience representing both public and private sector clients in connection with
infrastructure projects, principally in the transportation sector. He provides project structuring and risk management
advice in connection with rail, highway and related intermodal projects and has worked on several innovative
public-private partnership ("P3") and joint venture transactions. He also assists clients in connection with
procurement, licensing, safety, labor, environmental clearance and other regulatory matters associated with such

Wayne Friesner is Vice President of Commuter Rail and Railroad Management for DART and functions as the
Director of the Trinity Railway Express (TRE) - a joint commuter rail service of DART and the Fort Worth
Transportation Authority. Mr Friesner is responsible for DART's railroad right of way that is not part of the DART
light rail network. DART owns more than 250 miles of railroad right of way throughout the north Texas region.
Friesner has been involved with the TRE since 2000, starting as a Contract Administrator. An attorney by training,
he previously worked in the Office of the General Counsel at DART. He has also worked at the Washington
Metropolitan Area Transit Authority (WMATA), Army and Air Force Exchange Service (AAFES), and in the Judge
Advocate General's Corps of the U. S. Army.

David (Dave) Gordon is a senior vice president in the Dallas headquarters office of the investment banking firm
Estrada Hinojosa & Company, Inc. He has completed over 200 financial advisory and underwriting transactions with
a combined par value of over $10 billion. In addition to numerous other clients, he works extensively with Dallas
Guest Speakers continued…

Area Rapid Transit (DART) and also supports VIA Metropolitan Transit in San Antonio. Mr. Gordon received
his B.S. degree in Engineering Management with a minor in Civil Engineering from the United States Military
Academy at West Point and his M.B.A. from Savannah State College. He is actively involved with a number
of charitable organizations and serves on the board of the Southwest Higher Education Authority.

Joseph Gorfida Jr. is a partner in the law firm of Nichols, Jackson, Dillard, Hager and Smith in Dallas,
Texas. The firm was initially formed in 1895, making it one of the oldest continuing law firms in Dallas, Texas
representing governmental entities. Mr. Gorfida received his undergraduate degree from the University of
South Carolina and his law degree from the University of Tulsa. Prior to joining the law firm of Nichols,
Jackson, Dillard, Hager and Smith, Joe served as an Assistant City Attorney for the city of Plano, Texas and
as an Associate Judge for the City of Plano and Lucas, Texas. Mr. Gorfida represents municipalities in all
types of matters including employment law, zoning, land use, contract negotiations and in the capacity as
police legal advisor. Additionally, Mr. Gorfida currently serves as general counsel for the Denton County
Transportation Authority and as the City Attorney for the Cities of DeSoto, Lucas and Hutchins and also
provides legal counsel for the cities of Allen, Richardson, and Sachse.

Peggy Howarth is the executive director for the Monroe County Transportation Authority (MCTA), a public
agency offering Fixed Route and Shared Ride transportation services to all residents and visitors of Monroe
County, Pa. She has been with MCTA for nine years and has seen the agency grow from 35 to 50 buses,
and, 37 to 82 employees. During fiscal year 2007/2008 the agency provided over 380,000 trips to riders in
Monroe County. Prior to her current position, Peggy spent twenty years in Aviation and Human Resource
Management and Training.

James LaRusch, Chief Counsel of the American Public Transportation Association (APTA), joined APTA in
2005 and was promoted to Chief Counsel in February 2007. He served as an Attorney/Advisor in the
Department of Transportation’s Federal Transit Administration where he was responsible for third party
contracting matters. LaRusch is a retired Army officer. As a member of the Judge Advocate General’s Corps,
he served as a Staff Judge Advocate, Deputy Staff Judge Advocate, Branch Chief, Combat Developments
Officer, and Trial Defense Counsel. His decorations include the Legion of Merit and five awards of the

David Leininger is the Senior Vice President, Chief Financial Officer for the Dallas Area Rapid Transit
DART). Mr. Leininger joined DART as Chief Financial Officer in December 2008. He oversees all financial
activities including budgeting, financial planning, reengineering, total quality management, investments,
Federal funding, debt financing, payroll, efficiency reviews, accounts payable, and general accounting for the
Agency. Mr. Leininger received a BA in Political Science and Economics from St. Benedict's College,
Atchison, Kansas and an MPA from the University of Kansas, Lawrence, Kansas

Crystal Lyons was appointed to the board of directors of the Corpus Christi Regional Transportation
Authority (CCRTA) in July 2004 as the transportation-disadvantaged representative. In October 2007, and
again in October 2009, she was unanimously elected by the CCRTA board members as board chairman. She
is an active community leader and has served in varying leadership capacities including Chairman of the
Corpus Christi Human Relations Commission, Chairman of the Corpus Christi Committee for Persons with
Disabilities and Regional Director for Leadership Texas. Ms. Lyons is currently president of the Austin-based
coalition of Texans of Texans with Disabilities and vice chairman of the Corpus Christi Metropolitan Planning

Michael P. Maslanka is the Managing Partner of the Dallas office of Ford & Harrison, a national
employment and labor law firm, with offices from New York to Los Angeles. Maslanka works with employers
to simplify their issues; to quickly understand their options; and to effectively manage their workforces. He is
editor of the Texas Employment Law Letter, founded in 1990, and subscribed to monthly by over 1,800 Texas
employers. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.
Guest Speakers continued…

Eldridge Onco serves as Regional Counsel in the Federal Transit Administration’s Region VI office in Fort
Worth, Texas. FTA’s Region VI geographical area includes the states of Texas, New Mexico, Oklahoma,
Arkansas, and Louisiana. Mr. Onco has served as FTA Regional Counsel since 1994 and his Federal public
service career has covered 24 years. As FTA legal counsel, he provides guidance and assistance relating to
the comprehensive statutory, regulatory, and program requirements for public transportation programs
administered by FTA. Mr. Onco is a native of the State of Oklahoma and received his undergraduate degree
in Business Administration from the University of Oklahoma in 1979; he obtained his law degree from the
University of Oklahoma in 1982. He holds an active bar membership in the State of Oklahoma and he has
been a member of the Oklahoma Bar Association and the American Bar Association since 1982. He is also
admitted to practice in all of the Federal district courts in Oklahoma.

Keith T. Parker is the President/CEO for VIA Metropolitan Transit. Parker comes to San Antonio from
Charlotte, North Carolina, where he was the chief executive officer and director of public transit for the
Charlotte Area Transit System, or CATS. Parker joined CATS in 2000 as Chief Operating Officer where he
was responsible for bus and paratransit operations, as well as assisting in developing light rail plans for the
transit system. Additionally, he served as the Assistant City Manager for the City of Charlotte from 2004
through 2007 before becoming CEO at CATS. Prior to his experience in North Carolina, Parker was the chief
executive officer/executive director for the Clark County Transit Authority in Vancouver, Washington.

Bonnie Prosser-Elder is General Counsel for VIA Metropolitan Transit, the transportation system for the
San Antonio/Bexar County area. In this capacity, she is responsible for the oversight and coordination of legal
services for the organization. She is also responsible for the risk management and claims section of the
organization. Bonnie has been involved in the public sector and transportation issues for over 20 years. She
is the former chair of the American Public Transit Association Legal Affairs Committee and a frequent lecturer
on government/public board ethics. Bonnie received her Bachelor of Arts Degree from the University of Texas
at Austin and her Juris Doctorate from the University of Texas School of Law.

Gary Rushing served 10 years with the Texas Department of Transportation, with 5 of those years as the
Waco District Public Transportation Coordinator. Gary is a graduate of Dallas Baptist University with a
Bachelor of Business Studies degree. He served in Warsaw, Poland with the International Mission Board of
the Southern Baptist Convention and was General Manager of the City of Tyler/Tyler Transit. Currently, Gary
is the Transportation Manager with the Heart of Texas Council of Governments/Rural Transit District.

Hyattye O. Simmons, General Counsel for Dallas Area Rapid Transit, provides legal advice to the Board of
Directors, President/Executive Director of the agency, agency attorneys, outside counsel, agency vice
presidents, and other agency offices on all areas of law, while overseeing and managing the Legal
Department. He is a member of the 2001 State of Texas Task Force on the Texas Uniform Electronic
Transactions Act (UETA) and co-inventor of the US Patent (Pending) related to E-Discovery, Serial Number
11471374: A method and system for making a portable network user mailbox from an archived network post
office without restoring to the original active post office.

                      Thank you for sharing your expertise with the
                           SWTA Law Seminar participants!

                     South West Transit Association
                         2010Transit Law Seminar

                        Our thanks go to
      Metropolitan Transit Authority

                    for hosting this event

                            Don’t forget!

CLE Credits:
SWTA has applied for continuing education credits in Arizona, Arkansas, Colorado,
Kansas, Louisiana, New Mexico, Oklahoma and Texas. If you would like to earn
credits in a state outside the SWTA region, let us know.
We expect to be certified for 10 or more credits (including one hour of ethics)
depending on the final details of the program and the state in which you seek credit.

You are responsible for signing the CLE sheets daily for the state in which you
want to earn credit. These sheets will be located at the registration table.

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