08 TIDA Brochure.qxd:24th BIC Conference Brochure

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Wednesday Friday October 13, 2008 San Diego Marriott Hotel & Marina San Diego, California Responding to the Challenges: The Ball is in Our Court Sharing knowledge and resources in defense of the trucking industry. Check out the new and exciting
seminar program.
The 2008 Annual Seminar promises to provide
thought-provoking and engaging presentations
for attendees. The seminar program includes: Improving fleet safety through in-truck technology and meaningful driver reviews The safety, security and economic aspects of the DOT Pilot U.S. Mexican Trucking Program What juror perceptions drive high dollar verdicts and what can be done at trial to change them An Industry Member ONLY open discussion on defense counsel retention and litigation
management More on Cargo claims (by popular demand!) Members-only online registration. Members can use the easy and secure online link
to register for the 2008 seminar. Its easy: Login to www.tida.org Click News & Events Click Register for the Annual Seminar Enter your email address Register for the Seminar TIDA Mission TIDA seeks to be the industry organization
of choice for motor carriers, trucking insurers,
defense attorneys, and claims servicing
companies. Uniquely representative of the entire
industry, TIDA members share their knowledge
and resources to promote risk management,
operational economies, and the reduction of costs
associated with accidents, claims, and lawsuits. 16 th Annual TIDA Industry Seminar Trucking Industry Defense Association
6201 W. Howard St, Ste. 201
Niles, IL 60714 16 th Annual TIDA Industry Seminar REGISTER EARLY! Come and hear how to Respond to the challenge: The Ball is in Our Court! October 1-3, 2008 I San Diego Marriott Hotel & Marina 16 th Annual TIDA Industry Seminar Wednesday Friday
October 1 3, 2008
San Diego Marriott Hotel & Marina
San Diego, California Responding to the Challenges: The Ball is in Our Court! Sharing knowledge and resources in defense of the trucking industry. The Trucking Industry Defense Association will be holding its
16th Annual Industry Seminar on October 1st through the 3rd
at the beautiful San Diego Marriott Hotel & Marina. Due to
the great success from last year, breakout sessions will again
give the attendees a chance to choose their own sessions. Please check with your local state authority for the potential
applicability of CLE credit eligibility. 2008 Seminar Committee Timon Sullivan, Chair, Ogden & Sullivan, P.A. Mark Barrow, Sweeny, Wingate & Barrow, P.A. Mark Davis, Aon Truck Group Bruce Dickinson, Stephenson & Dickinson, P.C. Jim Gourley, Comcar Industries, Inc. Jo Knapp, National Claims Solutions Joe Pappalardo, Gallagher Sharp William Schrank, Jones, Skelton & Hochuli Renee Siegan, Saurbier & Siegan, P.C. Jay Starrett, Whyte Hirschboeck Dudek S.C. Golf Outing Coordinator Norm Ryan, Ryan Mercaldo & Worthington LLP 2008 TIDA Golf Outing This years TIDA Golf Tournament will be held at Salt Creek
Golf Club on Wednesday, October 1, 2008. The fee for the
tournament will be $145.00 per person, which includes bus
transportation to and from the course, continental breakfast at
Salt Creek Golf Club, greens fee, cart, lunch and prizes. The
course is located approximately 25-minutes from the San Diego
Marriott Hotel & Marina. The buses will leave the hotel at 7:30
a.m. and there will be a shotgun start at Salt Creek Golf Club
at 9:00 a.m. This will be a four-person scramble, with the teams
as evenly matched as possible and based upon handicap. Please plan on bringing your own clubs. Salt Creek Golf Club
has a limited number of rental clubs. Make rental arrangements
by calling Salt Creek Golf Club at 619-656-4288. The Salt Creek Golf Club brings links style golf to the natural
terrain of San Diego County. Located beneath the shadows
of Mt. Miguel and adjacent to a State Wildlife preserve, Salt
Creek offers a unique golf experience to all levels of players.
Salt Creek measures 6,889 yards from the back tees and
5,505 from the forward tees, catering to all skill levels.
The generous fairways and large greens provide a
demanding yet playable golf course. Salt Creek Golf Club is located at 525 Hunte Parkway,
Chula Vista, CA 91914. You must be registered for the TIDA
seminar in order to play golf. THERE WILL BE NO ON-SITE
REGISTRATION FOR THE GOLF OUTING. Substitutions may
be made, but must be made only before September 8, 2008.
A written cancellation must be received before September 8,
2008 in order to receive a refund. Patricia Alvarez, The Alvarez Law Firm, P.C. Paul Berne, Lancer Insurance Phil Bond, FFE Transportation Services, Inc. Wes Chused, Looney & Grossman LLP Bob Crescenzo, Lancer Insurance Dana Davis, Young Moore & Henderson, P.A. Jeff Davis, Jet Express, Inc. Mark Davis, Aon Truck Group Tom DiSalvi, Schneider National Inc. David Hedgpeth, FFE Transportation Services, Inc. Randall Howell, Bendix Commercial Vehicle Systems Timothy Kirk, Lincoln General Insurance John Lane, The Law Offices of John C. Lane John Liberatore, Carom Data Robert Lund, Schneider National Inc. Matt Meyerhoff, Meyerhoff & Associates Noelle Nelson, Ph.D. Eric Oliver, Meta Systems Joe Pappalardo, Gallagher Sharp David Parker, Great West Casualty Company Bill Patrolia, Iteris Dan Peterson, Marten Transport Patrick Phelan, Customized Claims Service Virginia Price, Klinedinst Attorneys At Law Elizabeth Robertson, Canal Insurance Company Norm Ryan, Ryan Mercaldo & Worthington LLP William Schrank, Jones, Skelton & Hochuli Wendy Sullivan, RN, Health and Safety Consultative Services James Wescoe, Rawle & Henderson Mark Whitehead, J.B. Hunt Transport, Inc. Speakers for the Seminar TRAVEL INFORMATION The seminar, historically, fills all of its available registration spots.
Have your registration confirmed prior to making travel or hotel
reservations. The Trucking Industry Defense Association is not
responsible for airfares booked without registration confirmation. SEMINAR HOTEL San Diego Marriott Hotel & Marina With a spectacular waterfront setting in the heart of America's
Finest City, the San Diego Marriott Hotel & Marina truly
represents the area's best location to immerse yourself in the
vibrant activity that surrounds the downtown. The hotel is
conveniently situated adjacent to the San Diego Convention
Center and the Gaslamp Quarter. Enjoy effortless access to
the city's most popular sights from the World Famous Zoo and
SeaWorld to the sparkling beaches. A mere 10 minutes from San
Diego International Airport, San Diego can be at your fingertips. RESERVATIONS A limited block of rooms with a special group rate has been
reserved for Trucking Industry Defense Association participants.
The following discounted rate has been negotiated:
$209.00/single city view or $239.00/single bay view. Please inform reservations that you are a participant in the TIDA
Annual Seminar to receive this special rate. The room block will
be held until exhausted or released on September 5, 2008. The
room block may sell out so please make your reservation early.
After September 5, 2008 room reservations are subject to
availability and prices may increase. Check-in time is 3:00 p.m. Checkout time is 12:00 p.m. Reservations can be made by calling: San Diego Marriott Hotel and Marina
333 West Harbor Drive
San Diego, CA 92101
800-228-9290 or 619-234-1500 REGISTRATION For Members, register for the seminar, either: 1. Online by logging in at the TIDA website, www.tida.org. 2. Mail the registration form with a credit card number or a check payable to the Trucking Industry Defense Association to: Conference Coordinator
Trucking Industry Defense Association
6201 W. Howard St, Ste. 201
Niles, IL 60714 3. Call TIDAs office at 847- 647- 7226 and provide a credit card number. 4. Fax the registration form with credit card information to 847- 647- 8940. This seminar is opened to all TIDA members and their
invited guests. SEMINAR FEES: TIDA Industry Members: $210
This includes trucking and insurance members whose dues
are $125 for 2008. Industry Guests: $335
This includes a one year TIDA membership. Please fill out
an application and send with your registration. All Other TIDA Members: $395 This includes vendor and attorney members. All Other Guests by Invitation Only: $495
Invitation must be extended by a TIDA member with
member name listed on the registration form. The registration fee includes admission to the program, course
materials, continental breakfasts, breaks, box lunch and
cocktail receptions.All registration forms mailed in must
be accompanied by a check, money order or credit card
number. Registrations must be postmarked on or before
September 8, 2008. All attendees will receive confirmation via email within10
business days. Non-TIDA members must be invited by a
current TIDA member. There will be NO on-site registration. DRESS CODE for both the seminar and receptions is business casual. CANCELLATION POLICY Cancellations must be received in writing on or before
September 8, 2008 in order to receive a refund of the
registration fee. A $50.00 processing fee will be charged
to all cancellations. No refunds will be granted for cancellations
received after September 8, 2008. Registrants who are unable
to attend may send a substitute or can receive course materials
following the seminar. Special Needs
The Trucking Industry Defense Association and San Diego
Marriott Hotel & Marina are available to assist any attendees
with special needs. Please call the conference coordinator to
make arrangements for the seminar. Conference Schedule Wednesday, October 1, 2008 9:00 a.m. Golf Outing at Salt Creek Golf Club 3:00 6:30 p.m. Registration 5:00 6:30 p.m. Cocktail Reception Dinner on Your Own Thursday, October 2, 2008 7:00 a.m. Registration and Continental Breakfast General Session
8:15 a.m.
Opening Remarks & Awards
James Dill, TIDA President
Tim Sullivan, Seminar Chair
8:30 a.m. What Drives High Dollar Jury Verdicts?
Noelle Nelson, Ph.D.
There is a school of thought amongst plaintiff trial consultants that there is no way trucking companies can
avoid high plaintiff verdicts you cant fix it. Dr. Noelle Nelson will explain that this is partially right. You
cant fix it that is until you know what is broke. In What Drives High Dollar Jury Verdicts discover what
jurors believe is broke with the trucking industry. Dr. Nelson reveals what makes jurors so angry that they
give tens of millions of your hard earned dollars to plaintiffs. Armed with the knowledge you will acquire
during this session, you can fix it.
9:30 a.m. Break BREAKOUT SESSIONS You pick the lecture you want to attend. 9:45 a.m. Cargo Claims Part One Are You Paying More Than You Legally Owe?
Wes Chused, Mark Davis and James Wescoe
This session is a follow-up to the 2007 Carmack Amendment primer. It will address specific language in the
original law, which has been litigated and confirmed by the courts or changed through interpretation of
specific language in the Amendment.
OR Sleep Apnea: Emerging Concerns for Driver Safety and Litigation Exposure
Dana Davis, Tom DiSalvi and Wendy Sullivan, RN
While it is estimated that Obstructive Sleep Apnea affects approximately 3% of the general population,
one industry study indicates that the rate of CMV drivers affected by this serious medical condition may be
almost 10 times higher. This session provides you with valuable information on the physiological, regulatory
and potential litigation hurdles of sleep apnea in the transportation industry. From driver selection/
qualification to case preparation, you will walk away with information that you can use.
OR Advanced Compliance Review Techniques: How to Prepare for and Manage an
Investigator during a Compliance Review
Bob Crescenzo and Jeff Davis
This session will provide a step-by-step procedure for properly interacting with a field investigator during a
compliance review. By preparing in advance and implementing specific procedures to interact with the DOT
investigator, a motor carrier is able to influence the outcome of a compliance review. You will learn auditing
techniques employed by investigators, the schedule of events, proper document preparation as well as the
keys to document presentation.
10:45 a.m. Break BREAKOUT SESSIONS You pick the lecture you want to attend. 11:00 a.m. Cargo Claims Part Two Are You Paying More Than You Legally Owe?
Wes Chused, Mark Davis and James Wescoe
This session is presented with the objective to provide you with the information necessary to defend your
company against claims not allowed by Carmack, and more importantly, to provide you with the information
to evaluate your current procedures and to reduce your exposure to loss.
OR Reducing Your Risk Through Meaningful Driver Performance Reviews: More Than a Formality
Moderator: William Schrank
Matt Meyerhoff and Dan Peterson
Are your companys performance reviews of drivers meaningful, or have they become a mere formality ? This session will discuss what your company should be doing, not simply to comply with federal regulations,
but to also improve driver performance and identify potential problems before they result in a loss. What
factors should be considered in an annual review, who should do the review and when and at what
point should a driver be placed on probation, retrained or terminated
? OR Attorney Relationship & Litigation Management (Industry Members only)
Moderator: Paul Berne
Phil Bond, Tim Kirk, Robert Lund, Patrick Phelan, Elizabeth Robertson and Mark Whitehead
Part one of a two-part session. This session is an industry-only (no lawyers admitted!) discussion of attorney
selection, matching lawyers to cases, the case referral process, billing requirements, case reporting
processes and more. We'll share what works, what hasn't worked, and what we and our attorneys can
do differently to improve results. There will be no discussion of specific firms or rates.
12:00 p.m. Box Lunch 12:15 p.m. Buzz Sutherland, Comedian
Buzz Sutherland 16 -Time Comedian of the Year will entertain you during lunch.
BREAKOUT SESSIONS You pick the lecture you want to attend. 1:45 p.m. Reducing Workers Compensation Collateral, Reserves and Payments
John Liberatore
This session will explore the steps to control the driver while simultaneously conducting a thorough investigation
and managing the treatment. Traditional methods of managing compensation cases will be exposed as driving
up collateral, reserves, medical and indemnity, as well as litigation costs.
OR In-Truck Technology: Can Affordable Options Solve and Create Problems at the Same Time?
Randall Howell, John Lane, Bill Patrolia and Norm Ryan
Lower costs and improved technology have increased the types of in-cab technology available to improve
driver and fleet safety. From the basic functions of Qualcomm to Lane Departure Warning to advanced
Collision Warning Systems that automatically control following distance and stability, technology has become
more affordable. What are the pros and cons of having these systems, and how do you respond when
plaintiff's counsel asked why you dont have them
? This session provides details on the technology and on how to address plaintiff's/client's inquiries. OR Why is David defending Goliath AND picking up the tab? Practical advice on how to
navigate the pitfalls and avoid paying the price of contractual indemnity.
David Parker and Virginia Price
Defense Counsel, In-House Insurance Company Counsel and a Trucking Company Risk Manager discuss
their hands on experience with litigation arising out of contractual indemnity assumed, knowingly or
unknowingly, by members of the trucking industry. This session will serve as a
CONTINUE NEXT PAGE... Why is David defending Goliath...(contd)
wake up call to the industry regarding this important topic, providing updates as to what is being done on a
national level to stop the bullying done by large corporations in transferring their risk to the "little guys" and
how you can help. Additionally, you will leave with a "roadmap" of actual steps that can be taken pre and
post claim to insulate your company from paying for someone else's mistakes.
3:00 p.m. Break 3:15 p.m. "South of the Border North of the Border; The DOT Pilot U.S. Mexican Trucking Program" Moderator: Joe Pappalardo
Patricia Alvarez and David Hedgpeth
This highly controversial, topical issue will be discussed by Industry and Government representatives and
Attorneys familiar with the issues presented. The panel will describe the NAFTA inspired program which
DOT designed in 2007 and which has been stalled by legal, political, and interest group challenges.
Safety, security, economics, and social trends are all part of this complicated topic.
4:15 p.m. Board Update and General Membership Meeting 5:30 7:00 p.m. Cocktail Reception Dinner on Your Own Friday, October 3, 2008 7:00 a.m. Continental Breakfast General Session
8:30 a.m.
Trucking Safety - Perceptions and Reality
Eric Oliver
This session picks up from last years conference and incorporates information from the first day of this years
conference, endeavoring to suggest how members can best "tie it all together". Eric Oliver will explore the
two biggest prevailing problems the trucking industry has with jurors: 1.) Unjustified bias, and 2.) Justified
bias. You will learn how specific hot topic areas (hiring, review and supervision of drivers, electronic
monitoring, federal regs, audits and reviews) can be perceived as proving antagonism toward safety in the
industry. Also, you will discover flaws in common defense efforts to suggest "safety" in numbers (industry
standards) and in higher authorities (government). We'll focus on the key witness who - more often than not -
makes or breaks juror views of trucking safety.
9:30 a.m. Break 9:45 a.m. What the Trucking Industry Expects from Outside Counsel (All Attendees)
Moderator: Paul Berne
Phil Bond, Tim Kirk, Robert Lund, Patrick Phelan, Elizabeth Robertson and Mark Whitehead
Part two in follow-up to Thursday's Attorney Relationship & Litigation Management session. Open to all
attendees, the panel will return to report findings and recommendations from the prior day. We'll engage
in a dialogue with attorneys to discuss how we can improve attorney/client relationships. This is an excellent
opportunity for TIDA attorneys to hear what it is their clients expect, value and view as essential to
developing and maintaining successful relationships.
10:45 a.m. Closing Remarks Conference Schedule Save the dates for 2009! 17 th Annual TIDA Industry Seminar October 28-30, 2009 I San Antonio, Texas TIDA would like to thank the 2008 seminar sponsors: Atlas Settlement Group, Inc. Canadian Litigation Counsel CJ Hester Inc. Covenant, Inc. Custard Insurance Adjusters, Inc. Fee, Smith, Sharp & Vitullo, LLP Forcon International Golian McCaffrey, LLC Harrington, Foxx, DuBrow & Canter, LLP Lewis Wagner, LLP Low, Ball & Lynch Nall & Miller, LLP Perrier & Lacoste, LLC Post & Schnell Reeder Claim Services Reid Wargo, Ltd. Rincon Mounts, P.C. Sands, Anderson, Marks & Miller Sherlock Investigations, Inc. Smith, Sovik, Kendrick & Sugnet, P.C. Transnet Investigative Services, Inc. Treece Alfrey Musat & Bosworth, P.C. Whitaker, Mudd, Simms, Luke & Wells Wood, Smith, Henning & Berman Zieman, Speegle, Jackson & Hoffman, LLC Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Borton, Petrini, LLP Butler, Snow, O'Mara, Stevens & Cannada, PLLC Crawford & Company Cunningham Lindsey Custard Insurance Adjusters, Inc. Diepenbrock & Cotter LLP Dowd & Dowd, Ltd Fay Engineering Corp. Fineman Krekstein & Harris, P.C. Frost Brown Todd, LLC Harrington, Foxx, Dubrow & Canter, LLP Hermes Sargent Bates, LLP Howd & Ludorf, LLC Hutchinson & Associates, P.C. Langley & Banack, Inc. Leitner, Williams, Dooley & Napolitan, PLLC Lind Jensen Sullivan & Peterson, P.A. Maranga Morgenstern Martin, Tate, Morrow & Marston, P.C. Mazanec, Raskin, Ryder & Keller Co, LPA Morrison Mahoney LLP Patton & Ryan LLC Perkins & Associates, LLC Rabbitt, Pitzer & Snodgrass, P.C. Ramey & Flock, P.C. Rawle & Henderson LLP Reminger & Reminger Schoenfeld Moreland, P.C. Stacy & Conder, LLP Tenco Services, Inc. Totura & Company True Transport Insure Venture Transport Logistics, LLC Wood, Smith, Henning & Berman, LLP TIDA would like to thank the 2008 golf outing sponsors: Sponsors Payment Method Check or Money Order payable to: Trucking Industry Defense Association Credit Card: American Express



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