Annual Meeting & Conference

2011 Annual Meeting & Conference Co-Sponsored by: September 22-23, 2011 Marriott Chateau Champlain Hotel Montreal Quebec Canada Dear Colleagues O...
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2011

Annual Meeting & Conference

Co-Sponsored by:

September 22-23, 2011 Marriott Chateau Champlain Hotel Montreal Quebec Canada

Dear Colleagues On September 22-23, 2011, the American Bar Association's Forum on Air and Space Law will hold its 2011 Annual Conference at the splendid Marriott Chateau Champlain in Montreal, Canada. We are very pleased to announce that our Annual Conference will once again be co-hosted by McGill University's Institute of Air and Space Law. The Air & Space Law Forum is the premier association of attorneys who work in the global travel industry or the field of space law. McGill University is renowned for its world-class air and space law curriculum and its outstanding alumni. As Program CoChairs, we invite you to attend this leading aviation and space law conference. As you will see, we have an exciting agenda for the Annual Conference. This year's Conference will feature ten panels that will provide valuable overviews and updates concerning a variety of matters of critical importance to the aviation and aerospace industries. Topics to be canvassed include international aviation rights, global competition law developments, government enforcement trends, consumer rights, and security related issues. We will also present a general counsel panel, something attendees at past conferences have told us they found especially insightful. Each panel will consist of leading authorities and industry experts, including preeminent aviation and aerospace lawyers, senior airline executives, and key government decision makers. Our four keynote and luncheon speakers will be US Department of Transportation General Counsel Robert Rivkin, Air Canada CEO Calin Rovinescu, the Honourable Mr. Justice Ian Binnie of the Supreme Court of Canada, and James Cherry, President & CEO, Aéroports de Montréal. In addition to a first-rate program and the exquisite fall setting of historic Montreal, the Annual Conference also affords attendees unparalleled networking opportunities with aviation and space attorneys and government officials at the pinnacle of their profession. As a unique networking opportunity, Conference attendees are cordially invited by McGill University to attend a special, optional dinner the night of Thursday, September 22 in Old Montreal honoring the 60th anniversary of McGill's Air & Space Law Institute. We look forward to seeing you in Montreal and ask that you promptly complete and return the attached registration materials.

David A. Schwarte Sabre Inc.

Prof. Paul S. Dempsey McGill University

GOVERNING COMMITTEE PLANNING COMMITEE CHAIR Steven H. Taylor

CHAIR-ELECT Robert Span

IMMEDIATE PAST CHAIR Renee Martin-Nagle

BUDGET OFFICER David A. Schwarte

EDITOR, THE AIR & SPACE LAWYER David Heffernan

FORUM MANAGER Dawn R. Holiday

GOVERNING COMMITTEE MEMBERS Andrea J. Brantner Randal Robert Craft, Jr. Prof. Joanne Irene Gabrynowicz Dean N. Gerber Richard A. Hauser James Hnat Monica R. Hargrove Francine J. Kerner India Pinkney Patricia G. Smith Andrew B. Steinberg Nancy N. Young

LIAISONS Canadian Liaison William F. Clark

Law Student Liaison Steven Osit

Sponsorship Liaison Jennifer Trock

Young Lawyer Liaison Michael Podberesky

Air & Space Lawyer Staff Editor John Palmer

PLANNING COMMITTEE CHAIRS Prof. Paul S. Dempsey David A. Schwarte

PLANNING COMMITTEE Marie-Christine Brochu William F. Clark Martine de Serres Nikki Ehlers John Goetz Joanne Gabrynowicz Monica Hargrove Rob Land June Lee Renee Martinnagle Arthur Molins Anita Mosner Tom McLaughlin John Saba Evelyn Sahr Lorne Salzman Steve Taylor Doug Worndl Mia Wouters

GOLD

SILVER

BRONZE

Thursday September 22, 2011 7:00 - 8:00 AM Registration and Networking Continental Breakfast 8:00- 8:15 AM Welcome and Introductory Remarks 8:15 - 8:45 AM KEYNOTE SPEAKER: The Honorable Robert Rivkin General Counsel, United States Department of Transportation

8:45 - 10:15 AM Competing in a Post-Open Skies Environment: A Hard Look at International Aviation Rights Although significant steps have been made to eliminate barriers to market access in the commercial aviation sector, the rules of engagement remain relatively fluid.This panel will discuss several critical questions, which include: • Are the skies truly open when limits on cross-border ownership persist? Can global airlines be formed, and, if so, how can this be accomplished? • Controversies remain over the competitive impact of the global alliances. While alliances and joint ventures have been a critical competitive tool, are there limits to their utility and/or benefit? What role will non-aligned carriers play in this environment? • Do subsidies in the air transport sector persist, and, if so, do they matter? Should subsidies and limits to market access be viewed as analogous to one another? • Will we see a global movement toward further deregulation, or greater movement at the regional level?

MODERATOR: Anita Mosner Partner, Holland & Knight LLP

SPEAKERS:

Regula Dettling-Ott Vice President EU Affairs, Lufthansa

John Byerly Former Deputy Assistant Secretary, Transportation Affairs, US Department of State

Nancy Sparks Managing Director, Regulatory Affairs, FedEx Express

Juan Carlos Mencio General Counsel N.A., LAN

Tony Wheelens General Manager Group, Government & Industry Affairs, Qantas Airways Limited

Andrew Parker Senior Vice President, International Affairs, Public Affairs, Industry Affairs and the Environment, Emirates Airline

10:15 - 10:30 AM Break

10:30 - 11:45 AM Enforcement for the 21st Century A key ingredient of safety regulations is making sure those regulations are being employed in the workplace. • The FAA has touted a move into a new era of data collection and "cooperation" programs, such as the Aviation Safety Action Program, Flight Operational Quality Assurance and Safety Management Systems. However, with the announcement of some record-breaking fines, what is the appropriate balance of "partnership" and "punitive”? • Consistency of enforcement across the system has always been a difficult issue and the move to Safety Management Systems holds promise of a different way to enforce and move the safety program forward. Will this move bear fruit? • The European Union has taken a different route in enforcement, such as publishing "blacklisted" carriers for safety infractions. Should the US do this as well?

MODERATOR: Nancy LoBue Former Deputy Assistant Administrator Policy, Environment and International Affairs

SPEAKERS:

Andrew B. Steinberg Partner, Jones Day

David Hayes VP & General Counsel, Trans States Airlines,

Micaela Verissimo Acting Manager, Technical Section, Legal Department, European Aviation Safety Agency

Marc Warren Acting Chief Counsel, Federal Aviation Administration

William F. Clark Clark & Company

12:00 - 1:15 PM Lunch KEYNOTE SPEAKER: Calin Rovinescu Chief Executive Officer, Air Canada, Montreal, Canada

1:30 - 2:45 PM Negotiating a Commercial Space Launch Contract The Nuts and Bolts Using a jointly developed check list of contracting do's and don'ts, a group of experts in space law from three jurisdictions will offer their perspective on things lawyers should be vigilant about when negotiating a spacecraft launch contract. • What makes for a good launch procuring state? • Can you afford, or afford not to have, launch failure or catastrophic loss insurance? • And what about liability insurance for collisions in space? Are lenders really interested in collateral that is “up there”? • Expect to hear about contingency plans-just in case the space launch does not come to fruition.

MODERATOR: Bruce Mann Barrister and Solicitor, Department of Justice, Senior Counsel for Canada's Department of Foreign Affairs and International Trade.

SPEAKERS:

Indra Heed Hornsby Vice President Legal & Commercial, MDA Corporation

Scott Gibson Vice President, General Counsel & Corporate, Ciel Satellite Group

Pamela L. Meredith Partner, Chair, Space Law Practice Group, Zuckert, Scoutt & Rasenberger, L.L.P.

2:45 - 3:00 PM Break

3:00 - 4:15 PM Aviation Security Update This panel will evaluate the current aviation security environment and discuss possible future aviation security trends, including: • The panel will focus on passenger screening issues, including the intersection between security and passenger civil liberties and privacy concerns and also on international security law issues, including recent changes in air cargo security. • The discussion will highlight the current issues of the day, such as privacy advocates' concerns with the Transportation Security Administration's (TSA) increased use of Advanced Imaging Technology (AIT) and information-based screening and current threats to aviation cargo, as well as methods to address those threats.

MODERATOR: Kelly D. Wheaton Deputy Chief Counsel, Enforcement & Incident Management, Transportation Security Administration, US Department of Homeland Security

SPEAKERS:

Steven L. Basha Associate Chief Counsel (Enforcement), US Customs and Border Protection, US Department of Homeland Security

Ken Dunlap Global Director Security & Travel Facilitation, International Air Transport Association

Regina Hart Senior Counsel for International Affairs, Office of General Counsel, US Department of Homeland Security

Gary Wade Vice President, Security, Atlas Air WorldWide Holdings

4:15 - 5:30 PM Airline Fare, Reservation, and Ticket Distribution Systems — Are Revolutionary Changes Afoot? Airline agreements with Global Distribution Systems (GDS) are coming up for renewal this year and through 2013, but major changes with significant monetary and other implications could be in the offing. • One airline, American Airlines, has a vision to change the current model so that the online and other agencies will have to access seat, fare, and flight inventory from the carrier's technology platform rather than via the GDS. How will the industry develop? • Over the past few years, airlines have unbundled from the ticket price, and begun separately charging for, services traditionally viewed as part of the fare, such as checked baggage and seat assignment. The issue currently before DOT is whether it is proper, or is instead misleading, for airlines to fail to provide these extra fees and charges to their authorized travel agents via the GDSs systems in which an airline participates and through which those travel agencies sell the airlines' “base fares.”

MODERATOR: Ken Mead Special Counsel, Baker Botts

SPEAKERS:

Bruce J. Charendoff Senior Vice President Government & Industry Affairs, Sabre Inc.

Charles Leocha Director, Consumer Travel Alliance

Marshall S. Sinick Partner, Squire Sanders

Bruce Wark Associate General Counsel, American Airlines, Inc.

Richard “Ben” Hirst Senior Vice President & General Counsel, Delta Air Lines, Inc.

5:45 - 7:30 PM Cocktail Reception at the Marriott Chateau Champlain 7:30 - 9:30 PM Gala 60th Anniversary Dinner Honoring McGill University's Air & Space Law Institute Auberge Le Saint-Gabriel ~ 426 St-Gabriel ($50)

Optional dinner in Old Montréal. Those wishing to attend should RSVP by September 6, 2011 to Maria D'Amico - [email protected]. McGill will require a credit card to reserve your place. Ms. D'Amico will advise you of the procedure for providing your credit card information.

Friday September 23, 2011 7:00 - 8:15 AM Networking Continental Breakfast 8:15 - 8:45 AM KEYNOTE SPEAKER: James Cherry, President & CEO, Aéroports de Montréal

8:45 - 10:15 AM Global Competition Law Panel This panel will address several of the most significant competition issues confronting airline executives, government officials, and the legal counsel who advise them, including: • Airline mergers and alliances: competing considerations • The challenge of integrating alliance partners • And then there were 5: market power in the U.S. post-Northwest/Delta, Continental/United, and Southwest/AirTran mergers • Surviving and thriving as low-cost carriers-confronting barriers to entry • Common issues raised by cross-border equity investments and control • Handling multi-jurisdictional civil and criminal antitrust investigations and litigation

MODERATOR: Ken Quinn Partner, Pillsbury, Winthrop, Shaw Pittman LLP

SPEAKERS:

Stephen L. Johnson, Executive Vice President,Corporate and Government Affairs, US Airways Group, Inc.

D. Martin Low QC, Partner, McMillan

Trevor Soames Partner, Shearman & Sterling

John Nannes Partner, Skadden Arps

John Varley Senior Vice President & General Counsel, Virgin America

10:15- 10:30 AM Break 10:30 - 11:45 AM Consumer Protection This panel will examine many of the emerging topics consumer protection currently being debated in the industry and the halls of government, including: • What is the new legal and regulatory regime addressing oversales, cancellations, denied boarding compensation and delay? Do the costs outweigh the benefits? • Are consumer protection regulations reasonable in light of natural phenomena such as inclement weather and volcanic activity? • Is there a fundamental conflict between EU Regulation 261/2004 and European Court of Justice interpretations vis-a-vis the exclusivity, delay and compensation provisions of the Montreal Convention of 1999? • What have been the financial and operational impacts of the US tarmac delay rules? • Many airlines have moved to à la carte pricing. What does the emerging regulatory regime over airline ancillary fees and full disclosure portend?

MODERATOR: Professor Dr. Paul Stephen Dempsey Director, Institute of Air & Space Law, McGill University

SPEAKERS:

Louise-Hélène Sénécal Assistant General Counsel, Litigation Air Canada

Samuel Podberesky Assistant General Counsel for Aviation Enforcement and Proceedings, US Department of Transportation

Michael Gill Senior Legal Counsel, International Air Transport Association

Kevin Mitchell Founder and Chairman, Business Travel Coalition

Mia Wouters Partner, LVP Law

12:00 - 1:15 PM Lunch KEYNOTE SPEAKER: The Honourable Mr. Ian Binnie, Justice of the Supreme Court of Canada

1:30 - 2:45 PM Hot Topics in International Aviation Litigation Six leading litigators from the defense and plaintiff bars in the US, the EU and Canada will give their expert perspective on current issues in the litigation of air disaster cases. Issues to be discussed include: • The class action and its use in the litigation of air disaster claims • Criminal proceedings arising out of air disasters • US litigation Update - comment on status of current high-profile cases before the courts • Compensating third parties on the ground for damage caused by aircraft and the modernization of the Rome Convention • New EU regime governing the investigation and prevention of aviation accidents and incidents • Jurisdiction/forum non conveniens - brief update from Canada, the EU and the US

MODERATOR: Doug Worndl Partner, Siskinds LLP

SPEAKERS:

UK/EU: Plaintiff: James Healy-Pratt Partner, Stewarts Law

Canada: Plaintiff: Joe Fiorante Partner, Camp Fiorante Matthews

US:

Defense: Thomas Rouhette Partner, Hogan Lovells

Defense: Rob Bell Partner, Borden Ladner Gervais LLP

Plaintiff: Thea Capone

Defense: Tom McLaughlin

Partner, Baumeister & Samuels P.C

Partner, Perkins Coie LLP

2:45 - 4:00 PM Aircraft Finance - The 2011 Aircraft Sector Understanding: Beware the Unintended Negative Consequences This panel will examine the policy plumbing behind the scenes of aircraft financing with a close look at the 2011 Aircraft Sector Understanding (the “2011 ASU”). • How will this affect the World Trade Organization, the role of export credit agencies, the implementation of the Cape Town Treaty and the “Home Market Rule”? • Will this affect financing options available to lessors and lessees now and in the future? • And, for good measure, what about the effects of the Basel III accord? • What are the repercussions for fleet planning, development of markets for manufacturers, leasing companies and carriers, international trade generally and recovery from the Great Recession?

MODERATOR: Douglas Ochs Adler Of Counsel, Vedder Price P.C.

SPEAKERS:

André Gazal Managing Director and Head of Export Finance, Credit Agricole CIB

Karl Hennessee Vice President, Litigation & Regulatory Affairs, Airbus S.A.S.

Michelle Johnson Corporate Director Legal & Company Secretary, Air Berlin PLC & Co. Luftverkehrs KG

Dr. Niels A. van Antwerpen Vice President, Legal, AerCap, Schiphol Airport

4:00 - 4:15 pm Break 4:15 - 5:30 PM General Counsels' Forum: Aviation General Counsel Cover it All! This panel will explore the full range of issues that aviation general counsel, representing a diverse group of entities, are expected to handle, including: • Litigation management • Governance issues (public and private sector) • Discovery requests • Management oversight of government investigations • Legal implications of government regulations and policies Panelists will also discuss their greatest challenges, major accomplishments and key issues facing each organization's legal department. This is also your opportunity to raise questions that you have pondered about the general counsel's decision-making process.

MODERATOR: Monica R. Hargrove General Counsel, Airports Council International-North America

SPEAKERS:

Scott Casey Vice President, Legal & Public Affairs, UPS

Gary Doernhoefer General Counsel, Legal Services Department, International Air Transport Association

Francine Kerner Chief Counsel, US Transportation Security Administration

David Mackey Interim CEO & Chief Legal Counsel, Massachusetts Port Authority

David Shapiro Chief Legal Officer, Vice President & General Counsel, Air Canada

5:45 pm Closing Reception

Conference Information 1. LOCATION INFORMATION: The conference will be held at the Marriott Chateau Champlain, 1 Place du Canada, Montreal, Quebec, CANADA Phone: 514-878-9000

2. HOTEL RESERVATIONS: To make your hotel reservations, please contact the Marriott Chateau Champlain at 800-200-5909. ABA room rate is $219 (CAN)). We have reserved a block of room and the reservation deadline is August 23, 2011. After this date or the room block has sold out, the ABA cannot guarantee rooms or availability and the hotel will assign rooms on a space available basis. All changes to hotel reservations must be made 48 hours in advance of the arrival to avoid a one-night cancellation charge. Rooms shall be available for check-in no later than 4:00 p.m. with a checkout time of Noon. Please refer to the ABA Forum on Air and Space Law Fall Meeting, when making reservations.

3. TRAVEL AND TRANSPORTATION: The ABA offers a discounted travel program through the ABA online travel agency, Orbitz for Business or you may contact the airlines directly. The Marriott Chateau Champlain is 60 minutes from Montreal Trudeau International Airport.

4. PASSPORT INFORMATION: If you are visiting Canada, a valid passport is required. It is the responsibility of the visitor, before entering Canada, to ensure that he or she has the necessary documents, including those for entry into another country or re-entry into his or her own country.

5. PROGRAM REGISTRATION/DEADLINE: To register for all programs and events described in this brochure, please submit your completed registration form and p ayment to the American Bar Association, Forum on Air & Space Law (USD). In order to be included in the list of program attendees, you must register by August 29, 2011. Registrations will not be processed without payment.

6. ON SITE REGISTRATION: On Site Registration is available for those persons who miss the registration deadline. If you plan to register at the door, please call Dawn R. Holiday at 312-988 5660 at least 72 hours before the conference to confirm that space is still available. Failure to call in advance may preclude admission to a sold-out conference. On site registrants must pay the registration fees by check, Visa, MasterCard, or American Express. No registrations will be accepted without payment.

7. REGISTRATION FEES: Includes admission to the two day program, continental breakfast, coffee breaks, luncheons, course materials and a cocktail reception.

8. CANCELLATION POLICY: Registrants who are unable to attend the conference will receive a refund less a $100 administrative fee if written cancellation is received before August 29, 2011 (5:00 pm CDT). Cancellations must be faxed to 312-988-5677. No refunds will be granted after August 30, 2011. We will allow substitutions or conference materials will be sent in lieu of a refund after the program. The ABA reserves the right to cancel any programs and assumes no responsibility for personal expenses.

9. MCLE CREDIT: CLE accreditation has been requested for this conference from every state with mandatory continuing legal education requirements for lawyers. Please be aware that each state has its own rules and regulations, including its definition of CLE. Check with your state agency for confirmation of this program's approval. Attorneys seeking to obtain MCLE credit in Louisiana and/or Pennsylvania will be required to pay state accreditation fees directly to these states. Certificates of attendance will be available at the conclusion of the conference. CLE Credit of 14 hours confirmed for the Québec Bar. For information on the requested number of credit hours, please contact Dawn R. Holiday at 312-988-5660.

10. MEMBERSHIP: To encourage registrants to join the ABA Forum on Air and Space Law, the reduced member's tuition rate will be extended to registrants who join the Forum when they register for the conference. Forum membership dues are $40 for attorneys/associates and FREE for law students (ABA Accredited Law Schools). Membership in the ABA and in any one of its many sections or divisions is a prerequisite to Forum membership.

11. COURSE MATERIALS: Will be provided on CD-ROM. (Macintosh and Windows Compatible Cd-Rom's will be available). A link for the materials will be available prior to the meeting. Course materials will be available for purchase 30 days after the conference. Please contact Kim Nelson at 312-988-5666 or email [email protected] to place your order.

12. TAX DEDUCTION FOR EDUCATION PURPOSES In the United States, an income tax deduction may be allowed for education expenses undertaken to maintain or improve professional skills. This includes registration, travel, meals and lodging, subject to applicable limitations (see Treas. Reg.1.162-5: Coughlin v. Commissioner, 203 F.2d 307 (2d Cir.1953)).

13. AMERICANS WITH DISABILITIES ACT: If special arrangements are required for disabled individuals to attend this program, please contact Dawn R. Holiday in writing by September 2, 2011 at the American Bar Association, 321 N. Clark St, Chicago, IL 60654 or Fax: 312-988-5677.

14. DRESS: Business attire.

15. FOR THE LATEST PROGRAM INFORMATION: Please visit the Forum on Air and Space Law at http://www.americanbar.org/groups/air_space.html

16. QUESTIONS: If you have questions or require additional conference information, please call Dawn R. Holiday at 312-988-5660 or [email protected]

ABA Forum on Air & Space Law Annual Meeting and Conference September 22-23, 2011

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