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Session 9: Air Cargo: Liability & Commercial Challenges

- Current Handling of Cargo Claims
- New Conditions of Contract (on reverse side of Air Waybill) and key changes
- What are the contractual liabilities of the shipper, intermediary and carrier under a Master Air Waybill? Is the Master Air Waybill governed by the Conventions?
- E-Freight in lieu of Air Waybill; potential liability of carrier and freight forwarder absent an Air Waybill
- Defining the role and liability of cargo intermediaries: are such intermediaries covered as carriers under the Montreal and Warsaw Conventions?
- How does air cargo add value to the supply chain; Trade facilitation in international air cargo transportation and what are liabilities due to delays from security and customs?
- Is the arbitration of cargo claims desirable as permitted by both the Montreal and Warsaw Conventions, or is streamlined cargo claims handling in court litigation (as occurs in Texas) more desirable?

CHAIR: Tom Whalen - Eckert Seamans Cherin & Mellott - PDF

SPEAKERS:
- Cheryl Ortiz - Continental Airlines - Powerpoint
- David Short - FedEx Express
- Jad Stepp - Stepp & Sullivan
- Alejandro Piera- International Air Transport Association - PDF
 
BIOGRAPHIES

Tom Whalen

1747 Pennsylvania Avenue, NW
Suite 1200
Washington, DC 20006

P: 202.659.6621
F: 202.659.6699
E: twhalen@eckertseamans.com 

Whalen2
Tom Whalen focuses his practice on aviation law, representing airline liability insurers and foreign airlines in litigation and administrative proceedings before U.S. Government Regulatory Agencies such as the Department of Transportation, the Federal Aviation Administration and the Department of Homeland Security.  Prior to joining private practice, Tom served as law secretary to the Honorable Gerald McLaughlin of the U.S. Court of Appeals for the Third Circuit and was in military service with the U.S. Army.

Representative Matters:
  • Offers corporate and regulatory advice to foreign airlines operating to the United States;
  • Advises on the sale, financing and leasing of aircraft and aircraft engines;
  • Practices corporate and general litigation including the defense of  airlines in aircraft accident cases as well as airline passenger and cargo claims;
  • Handles the arbitration of international and U.S. domestic disputes;
  • Defends the foreign governments under the Federal Sovereign Immunities Act;
  • Advises on airline accident investigation and family assistance;
  • Offers trade advice on the application of U.S. economic sanctions regulations and other export control restrictions;
  • Builds on his extensive litigation experience at both the trial and appellate level (argued the cases Stencel Aero Engineering Corp v. United States, 431 US 666 (1977) and Helicopteros Nacionales de Colombia, SA (Helicol) v. Hall, 466 US 408 (1984) before the United States Supreme Court).

    • Education:
    J.D., Georgetown University Law Center, 1963
    A.B., St. Peter's College, 1960

    Admissions:
    District of Columbia
    New Jersey
    New York
    U.S. Court of Appeals for the Second Circuit and for the District of Columbia Circuit
    U.S. District Court for the District of Columbia and the Southern and Eastern Districts of New York
    U.S. Supreme Court

    Professional Affiliations:
    American Bar Association, Air and Space Law Forum, International Law Section and Business Law Section

    Special Recognition:
    Selected for inclusion in the Who’s Who Legal 2009  in aviation law, Law Business Research Ltd.
    Selected for inclusion in the Expert Guides to the World’s Leading Lawyers – Best of the Best 2009 for aviation law.
    Member of the Drafting Committee of the Cape Town Convention appointed by the U.S. Department of State, that entered into force in 2006 governing the recognition and enforcement of security interests in aircraft and engines.


    Jad Stepp

    Telephone: (713) 336-7203
    Mobile: (713) 412-1399
    E-Mail:  jstepp@ss-pc.com

    Education: University of Texas (B.S., 1978); St. Mary's University of San Antonio (J.D. 1980), Professional Activities; Law Clerk, United States District Court for the Southern District of Texas, Honorable Owen Cox, and Honorable Hayden Head (1980-1982), American Bar Association (Vice-Chair, Aviation and Space Law Committee, 1997-present), State Bar of Texas, Maritime Law Association of the United States, Defense Research Institute; Instructor in Maritime Law at Texas A&M University Galveston, from 1982-1987.

    Mr. Stepp has experience in the specialized areas of Maritime Law, Aviation Law and negligence Law.  He is a seasoned trial lawyer with many state and federal court decisions to his credit.  He has worked extensively in personal injury and death actions and in determining insurance coverage issues in reference to maritime clients and claims.  Furthermore, he commands expertise in issues relating to surges, allisions, collisions, cargo damage, third party liability, and both direct and third party liability issues relating to the Longshore & Harbor Worker's Compensation Act.

    Mr. Stepp has defended owners, charterers, operators, and underwriters in litigation involving airlines, private airplanes and helicopters.  He has also defended airlines and underwriters in personal injury actions, cargo claims, and contractual disputes.  He has also worked extensively in determining insurance issues.


    Alejandro Piera

    ALEX PIERA is a Senior Legal Counsel of the International Air Transport Association (IATA). He is based in Montreal where he advises member airlines and internal clients on issues relating to international conventions, ICAO relations, aviation security, facilitation, and air transport policy. He represents IATA at (i) ICAO’s Legal Committee; (ii) the Commission of Experts of the Supervisory Authority of the International Registry in the context of the Cape Town Convention; (iii) the Preparatory Commission of the Establishment of the International Civil Aviation Compensation Fund (PCIF); and (iv) the Latin American Civil Aviation Commission (LACAC). He was part of the IATA legal team that participated in ICAO’s Diplomatic Conference that took place in May 2009. Prior to joining IATA, Alex was in private practice for a number of years. He is a graduate of McGill’s Institute of Air & Space Law.