Transportation Law: Emerging Legal Issues for Planes, Trains, Automobiles, Boats, Trucks, and Even Robots! (On-Demand)

$199.00

This comprehensive webinar will focus on the most current issues for all transportation modes, including emerging technologies. The webinar will be helpful to both seasoned transportation professionals as well as lawyers whose practice occasionally touches on transportation issues. The program provides critical tips for both litigators and transactional lawyers. For example, participants will learn about the tax consequences for clients who purchase and operate a private yacht, plane, or even a large commercial truck. The program will alert the practitioner to patent considerations for entrepreneurial clients, and tips for helping clients purchase private aircraft or a special one of-a-kind classic car. The presenters will address cutting-edge litigation issues for specific jurisdiction, maritime cases, and recent OSHA regulations. Finally, you will learn about the disruption to transportation caused by the COVID-19 pandemic.

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Event Details

Course Type

Original Date Of Course

Course Instructor

Angie Nolet, Esq., Brian Kiolbasa, Esq., Dave Schoeggl, Jeff Odom, Esq., Justin Hobson, Esq., Katie Matison, Esq., Lisa Poplawski, Esq., Mac Brown, Matthew Sotoloff, Paul Spatafore, Per Jansen, Esq., Qingqing Miao, Esq., Scott Edwards, Esq., Sean Jackson, Esq., Stan Beck, Esq., Warren Babb, Esq.

General Credits

3

Course Description

This comprehensive webinar will focus on the most current issues for all transportation modes, including emerging technologies. The webinar will be helpful to both seasoned transportation professionals as well as lawyers whose practice occasionally touches on transportation issues. The program provides critical tips for both litigators and transactional lawyers. For example, participants will learn about the tax consequences for clients who purchase and operate a private yacht, plane, or even a large commercial truck. The program will alert the practitioner to patent considerations for entrepreneurial clients, and tips for helping clients purchase private aircraft or a special one of-a-kind classic car. The presenters will address cutting-edge litigation issues for specific jurisdiction, maritime cases, and recent OSHA regulations. Finally, you will learn about the disruption to transportation caused by the COVID-19 pandemic.

Syllabus

  1. Tax
    1. Federal Tax Considerations –
      1. Depreciation–business use limitations
      2. Interest deductions
      3. Net Operating Losses
      4. Expense disallowance for “entertainment”
    2. State Tax Considerations –
    3. Sales and Use Taxes
      1. Basic Structure of Sales Taxes
      2. Basic Structure of Use Taxes
    4. Nexus – Shrinking Constitutional limits on State Taxing Power
    5. Common Sales and Use Tax Exemptions
      1. Common Carrier
      2. Resale
      3. Based on type of operational use
    6. Other common state taxes
  2. Motorsports
    1. Selling “As-Is.” The importance of selling collector cars with all faults and insisting on inspections — preferably from a professional — before selling to hedge against future claims.
    2. A Good Contract. A contract, best executed by a collector car attorney, lessens the likelihood of litigation by spelling out what is promised — and, more importantly, what is not. We include a discussion of worthwhile terms.
    3. Seller’s Disclosure Duties. Even though sellers have no disclosure duties for non-safety-related defects from a strictly legal perspective, disclosure of known defects is always wise. Uncertainty surrounds defects a seller “should have known” about.
    4. Closing the Deal: How to Get the Money. Consider an escrow closing via a company or attorney and avoid cashier’s checks.
  3. Asbestos
    1. Update for marine asbestos claims since The Dutra Group v. Batterton, 139 S. Ct. 227 (2019)
    2. State of the Art Defense
    3. Defending public Transportation Entities
    4. Recent trends in asbestos claims
  4. Maritime
    1. Potential Impact of Death on the High Seas Act (46 U.S.C. § 30301 et seq.) and other maritime laws on COVID-19 Litigation for Cruise Lines
    2. Discussion of Crochet v. Morton Salt, Inc., ___ F. Supp. 3d ___, 2020 WL 830927, at *4 (W.D. La. Jan. 15, 2020), finding a barge tender/deckhand for landbased entity that owned bulk terminal facility was not a “seaman” under the Jones Act
    3. Discussion of the US Supreme Court’s recent opinion regarding safe-berth clauses in charter contracts, CITGO Asphalt Refining Co. v. Frescati Shipping Co., No. 18-565 (Mar. 30, 2020).
    4. Discussion of the impact the CITGO case will have on safe-berth clauses in charter contracts moving forward.
  5. Patents Emerging Technologies
    1. Brief Discussion of Patentability
      1. Patentable Subject Matter
      2. Novelty
      3. Non-Obviousness
    2. Emerging technologies, including new use and existing technologies
  6. Aviation Transactions
    1. An update on corporate aviation
    2. The impact of COVID-19 on commercial aviation
    3. Common measures taken to alleviate the impact
    4. Useful contract drafting tips
  7. Trucking
    1. Trucking: Post-Accident Practices to Minimize Concerns in Down the Road Response
      1. Document and Preserve
      2. Electronic Data Handling
      3. The Human Factor
  8. Rail- Covid-19 OSHA Issue
    1. Two-part inquiry
    2. OSHA’s recordkeeping requirements
    3. OSHA’s reporting requirements
    4. Hypotheticals
  9. Aviation Litigation
    1. Specific Jurisdiction
      1. Issues regarding personal jurisdiction in multi-state transportation cases
      2. Existing law regarding general and specific personal jurisdiction
      3. The Ford cases
      4. Will the Supreme Court substantially curtail person jurisdiction in transportation tort cases?
  10. Covid-19 Transportation Issues
    1. The CDC No Sail Order—Impact on Commercial Cruise Lines
    2. Coast Guard Preventative Measures to protect Officers and Vessel Owners
    3. Force Majeure Provisions
    4. Transportation Trends in response to COVID-19

Instructor

Katie Matison

Scott Edwards

Justin Hobson

Angie Nolet

Stan Beck

Jeff Odom

Mac Brown

Per Jansen

Paul Spatafore

Qingqing Miao

Lisa Poplawski

Sean Jackson

Warren Babb

Matthew Sotoloff

Dave Schoeggl

Brian Kiolbasa

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