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2007 AAPA Port Administration and Legal Issues Seminar

February 12, 2007
Miami, Florida

PPM® Elective This two-and-one-half day seminar covers the latest issues in port administration and legal issues. Topics to be discussed includes: port/tenant relations, including pricing, lease provisions and how/when a port can chose its tenants; environmental issues; human resources and employment law; port insurance and risk management strategies; and legal issues in addressing port security.

Welcome and Opening Remarks

  • Jean C. Godwin, Esquire, Executive Vice President, American Association of Port Authorities
  • Cathy Orleman, Esquire, Principal Counsel, Maryland Port Administration, Chair, AAPA Law Review Committee
  • David Solis, Manager, Risk Management, Port of Corpus Christi Authority, Chairman, AAPA Risk Management and Safety Committee

Concurrent Session: Insurance Recovery for Hurricanes and Other Natural Disasters

The unprecedented devastation wrought by Hurricane Katrina has led to an explosion of litigation over the coverage provided under standard form property insurance policies. Those cases are resulting in legal interpretations of coverage that will have implications for all policyholders nationwide. This session will discuss those decisions and the important issues that have yet to be decided, and address their implications for ports and other entities.

Concurrent Session: Electronically Stored Information – Can Your Port Comply With the New Federal Rules of Discovery?

Changes to the Federal Rules of Evidence, effective December 1, 2006,
make it imperative that port personnel, working with their IT
professionals, have the effective retention policies and the ability to retain and produce all electronically stored information.  Panelists will discuss the changes and suggest ways to address ports' new responsibilities.

Keynote Address on International Operations in U.S. Ports—the Furor over the Sale of P&O Ports to DP World

  • John Bradley, Esquire, Vedder, Price, Kaufman & Kammholz, Counsel to P&O Ports

Addressing Port Development Challenges

A facilitated discussion based on a hypothetical will address port/tenant relations, assignment and termination of leases, utilizing port tariffs as a risk management tool, competitive bidding vs. open negotiation, regulation under the Shipping Act, bankruptcy, pricing and fees.

  • Ms. Orleman
  • Tom Tanaka, Esquire, Senior Port Counsel, Port of Seattle, Vice Chair, AAPA Law Review Committee (Handout)
  • Russell Morrison, Esquire, Senior Assistant County Attorney, Port Everglades (Handout)
  • David Farrell, Esquire, Thompson Coburn, LLP (Handout)
  • Frank McNiff, Attorney, Welder Leshin
  • Jonathan Blank, Esquire, Partner, Kirkpatrick & Lockhart Preston Gates Ellis LLP

Environmental Issues Facing Ports

This session will address recent developments regarding Port transactions with environmental liability implications and case law developments pertinent to Port operations, including new and emerging criteria for environmental due diligence for establishing environmental baseline conditions at leased properties and buyer non-liability regarding acquisitions and sales of properties.  It will also address critical legal developments in the areas of ballast water, environmental enforcement of health and safety violations and other hot legal topics of the day.

Current Developments in Human Resources

A discussion of at-will employment vs. termination for cause; the latest case law on discrimination and harassment; drug & alcohol testing; exposure to dangerous substances; and other issues.

Concurrent Session: Security Issues Facing Ports and Cruise Lines

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

  • Jeffrey Stieb, Esquire, Senior Legal Counsel, Maritime, Massachusetts Port Authority
  • Tom Schroeter, Esquire, Associate General Counsel, Port of Houston Authority
  • Mr. Klug
  • Captain Howard A. Newhoff, Manager, Security, Royal Caribbean International and Celebrity Cruises

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

Panelists will discuss the do’s and don’ts of third party liability claims as well as cargo, property and equipment claims.

Minimizing/Avoiding Liability in Port Construction Projects

Panelists will discuss the pros and cons of various types of construction contracts, alternative dispute resolution/arbitration/litigation, surety bonds, and how to utilize project managers or owners reps in protecting a port's interests.

  • Dave McKenna, Esquire
  • Steven B. Bass, Esquire, Assistant County Attorney, Port of Miami
  • Karen White, Esquire, Vinson & Elkins

Concurrent Session: Risk & Exposure Clinic

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

  • Roy Wilson, Senior Vice President, Hugh Wood, Inc.

Concurrent Session: AAPA Law Review Committee Meeting

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

Panelists will discuss the three options available for the procurement of insurance coverages and the pros and cons of each.

Concurrent Session: AAPA Law Review Committee Meeting