Ayelet Hirschkorn

Mountain Rail and Joint Service Projects. Represent the State of Colorado in drafting and negotiating various agreements with Class I freight operators for use and access of freight rail lines for new passenger service; draft and negotiate service agreements with proposed rail operator for the passenger service; draft and negotiate property agreements with freight railroads.

Southeast Gateway Line Project. Represent Los Angeles County Metro in drafting and negotiating various use and access agreements with Class I freight railroads, the Ports of Los Angeles and Long Beach, and CalTrans as well as draft and negotiate various rights of entry and utility relocation agreements for the expansion of Los Angeles’ existing light rail system in Los Angeles.

Union Pacific- Control-Norfolk Southern Railroad. Represent numerous state transportation agencies and departments of transportation in the railroads’ application before the Surface Transportation Board to establish the USA’s first continental railroad. Developed discovery, provided strategic legal advice, and advocated for mitigating measures to reduce the impact of the application on passenger rail services.

Portal North Bridge Project. Directly responsible for securing over $2 billion in federal and state funding for the construction of a new railroad bridge and approximately 2.11 miles of related rail infrastructure; successfully drafted and negotiated numerous operating, maintenance, funding, real estate and utility relocation agreements with public and private entities, including Amtrak, the Federal Railroad Administration, the Federal Transit Administration and the New Jersey Economic Development Authority; developed and secured a Full Funding Grant Agreement with the Federal Transit Administration through the Core Capacity Grant program.

Hudson Tunnel Project. Represent NJ TRANSIT in drafting and negotiating agreements for the project, including a Project Development Agreement and various funding agreements, developed financial funding and financing applications through U.S. Department of Transportation, assisted in early procurement activities, developed real estate management plans and drafted key interagency contracts to further the project.

Maryland MTA. Advise and represent the Maryland Transit Administration and the Maryland Department of Transportation (MTA) on a range of rail-related issues, including negotiation of agreements with Amtrak for the funding, design, and construction of the new Frederick Douglas Tunnel in Baltimore, purchase of a rail line from Norfolk Southern for the Claremont expansion project, as well as new track and station facilities on the Northeast Corridor. Represent MTA before the Surface Transportation Board regarding acquisition, abandonment, and railbanking of rail lines.

Austin Transit Partnership. Provide advice on employment related issues, including reviews of existing employment-related policies and procedures; provide strategic and regulatory advice for Project Connect, advise on agency policies and procedures, provide guidance and, when necessary, conduct investigations related to employment matters, including employment discrimination claims.

New Mexico Department of Transportation. Negotiated a new operating agreement with Amtrak for the Rail Runner service; negotiated amendments to New Mexico’s operating agreement with BNSF to allow for additional projects in and around the City of Albuquerque.

Penn Station Expansion and Renovation Projects. Represent NJ TRANSIT in both the renovation and the expansion of Pennsylvania Station by providing strategic legal advice for both projects, interfacing with New York MTA and Amtrak on design, construction, and operational concerns, and drafting and negotiating key legal agreements with numerous entities to ensure that NJ TRANSIT’s environmental, property, operational and financial opportunities are both optimized and protected.

City of Charlotte. Represent the City obtaining a waiver from various FRA safety regulations for the city’s light rail service, which runs in parallel to common carrier freight rail service for a portion of its system.

NJ TRANSIT Bus Operations. Reprsent NJ TRANSIT at labor arbitrations with various bus drivers, represent the agency before the Equal Employment Opportunity Commission and in federal courts in various employment discrimination suits.

Canadian Pacific Railway Limited - Control- Kansas City Southern. Represented Hennepin County, Minnesota before the Surface Transportation Board in the largest major railroad merger proceedings in 20 years, to protect County from adverse local impacts caused by the proposed transaction. Through its representation the Firm successfully secured an unprecedented seven-year monitoring period for the transaction.

Northeast Corridor Commission. Helped draft the Cost Allocation Policy and actively pursued a Northeast Corridor-wide approach to liability, indemnification, and insurance.

Positive Train Control. Managed and negotiated contractual obligations related to the installation of Positive Train Control systems for a commuter rail agency and ensured compliance with federal safety and regulatory requirements; resolved contractor claims against the entity; drafted and negotiated interagency agreements with commuter, intercity, freight and short-line railroads for the installation and implementation of Positive Train Control systems; negotiated licensing agreements with private technology companies.

Hudson Bergen Light Rail. Drafted a new contract for the operations and maintenance obligations of NJ TRANSIT’s new light rail operator and presented innovative financing, procurement, and contract terms to address NJ TRANSIT’s future needs.

County Yard/Delco Lead. Acquired key property rights from freight, Amtrak and private entities for a new rail yard and rail maintenance facility in New Jersey; successfully amended new operating and force account agreements as part of the transaction and ensured compliance with environmental mitigation and remediation strategies.