Ayelet Hirschkorn, Christian Alexander, and Eric Pilsk presented at the American Public Transportation Association’s 2023 Legal Affairs Seminar in Portland, OR on April 2-4, 2023. The conference provides up-to-date information on regulatory/legislative developments, industry-related litigation, and other legal issues affecting the transit industry. The event includes discussion panels, networking opportunities, and presentations from industry leaders. Information about each of their sessions is below. Learn more about the conference here.
Navigating Major Transitions with Contractors
Kaplan Kirsch & Rockwell speaker: Ayelet Hirschkorn
Transit agencies are often reliant on contractors to deliver transit services but those relationships with contractors change over time. This session explores the challenging legal aspects of navigating major transitions with those contractors. A transition might involve rebidding a new long-term contract, termination of a contract, breaking out one big contract into multiple contracts, or taking work in-house that had previously been contracted out. While transitions have been happening for bus and rail contracted services for a long time, but as transit delivery becomes more complex, transit agencies are reliant on contractors for other aspects of their transit systems including converting to electric fleets, fare collection, and security services. Transit infrastructure built using an alternative delivery method (DBOM or DBFOM) will have to navigate the hand-back process. All of these transitions require the transit agency’s legal counsel to work closely with the operations and procurement staff and others in the organization, helping them to understand and navigate some complex legal processes. This session will first explore the legal issues involved in the transition or handover process itself, and then explore contract terms that can prove tricky to navigate, aiming to help owners and contractors understand the other party’s objectives so that a contract can be quickly and amicably negotiated.
Passenger Rail: Regulatory Proceedings and Litigation Aimed at Bringing Improvements in Service and Reliability
Kaplan Kirsch & Rockwell speakers: Christian Alexander & Eric Pilsk
CP and Metra, Amtrak v. SEPTA: Commuter Rail Access Issues. This session will discuss two recent examples of commuter railroads seeking to ensure adequate and reasonable access to shared rail corridors: (1) Chicago-area commuter railroad operator Metra’s involvement in the CP-KCS merger proceedings at the Surface Transportation Board; and (2) a recent decision by the US Court of Appeals for the DC Circuit regarding property and statutory rights of access to the Northeast Corridor and its implications for commuter operators.
Mega Projects, Mega Problems: the Arc of Legal Issues for Mega Projects
Kaplan Kirsch & Rockwell speakers: Ayelet Hirschkorn
As transit projects become larger, more complex and more expensive to plan, manage and deliver, the associated legal issues must be properly managed to both minimize risk and comply with the multitude of federal, state and local regulations that often govern these projects. This panel will highlight several key legal concerns that arise as Mega Projects develop, including: planning and legislation, governance, contract modifications, litigation and claims. The panel will also share some lessons learned from their respective agency’s experiences as well as provide insight, advice and share best practices.
