21ST ANNUAL INDUSTRY SEMINAR

NOVEMBER 13-15, 2013 | ORLANDO, FLORIDA

2013 SEMINAR COMMITTEETony G. Sarchet, Advisor, Carolina Casualty Insurance Company Kevin Chignell, Chair, Parker Poe Adams & Bernstein LLP Doug Betkowski, Swift Transportation, Mohave Transportation Insurance Company Vineet Gosain, Northland Insurance Company Tory Salerno, INS Insurance, Inc. (Schneider National) Jeffery A. Segal, Weber Gallagher Simpson Stapleton Fires & Newby LLP Brian Wymer, Kenan Advantage Group

GOLF CHAIRMENGene A. Pinkus, Kopka, Pinkus, Dolin & Eads PC Aimee Beauchamp, Kopka, Pinkus, Dolin & Eads PC

2013 TIDA GOLF OUTING Grand Cypress Golf Course (New Course)

The New Course adds another dimension of play to the Orlando golf course scene with steeper more challenging bunkers and slopes set in the midst of an open meadow. The New Course is Jack Nicklaus’ tribute to the famed Old Course at St. Andrews, Scotland. This Scottish links masterpiece is complete with double greens, stone bridges and walls, gorse mounds, burns and pot bunkers as deep as 12 feet—all in the spirit of the true Scottish original. Water rarely comes into play on the New Course, but when it does it will challenge you. Very few trees are located within the interior of the course, creating generous landing areas. However, an errant tee shot could find its way into one of 150 pot bunkers.

Golf carts come fully equipped with the latest GPS technology, creating an “electronic caddy,” complete with illustrations of each hole in full color, accurate yardage to the pin, key hazards, playing tips, and even score keeping. Fully stocked hospitality carts travel throughout the course, offering refreshing drinks and snacks to ensure golfers are energized to maximum performance.

Proper attire is required including collared shirts and NO denim or cut-off shorts. Golf shoes must have soft spikes. Bringing your own clubs is preferred, however, Grand Cypress has a limited number of rental clubs available. Please call (407) 239-4700 to make arrangements.

You must be registered for the TIDA seminar in order to play golf. THERE WILL BE NO ON-SITE REGISTRATION FOR THE GOLF OUTING. Substitutes may be made, but must be made before October 16, 2013. NO REFUNDS.

TIDA YOUNG PROFESSIONALS SYMPOSIUMThe Young Professionals Symposium is designed for trucking, insurance, vendor, and attorney members who are under the age of 40 and are looking to share experiences, learn more about the industry, and network. The overall purpose is to help establish contacts and develop leadership skills to succeed in the industry.

2013 SERVICE PROJECT Second Harvest Food Bank of Central Florida

A private, nonprofit organization that collects and distributes donated food to more than 500 nonprofit partner agencies in six Central Florida counties.

Vision: A Hunger-Free Central Florida

Mission: To Fight Hunger in Central Florida

• Providing access to food and other grocery products in order to meet the need

• Promoting and supporting the development of our partner agencies’ ability to fulfill their missions

• Mobilizing leaders and communities by bringing visibility to the invisible problem of hunger and poverty

• Developing more holistic and county-specific solutions to hunger in Central Florida

Volunteers will assist in sorting and boxing donated products.

SPEAKERS FOR THE SEMINARDoug Betkowski, Swift Transportation, Mohave Transportation Insurance Company Renee Blum, Quality DistributionJoseph P. Buckley, John E. Reid and Associates, Inc.Charles Carr, Carr Allison Brian Cash, FedEx Freight, Inc.Patrick Dowd, Dowd & Dowd, Ltd. Terry L. Edwards, Florida Department of Environmental ProtectionGovernor Bill Graves, President and CEO, American Trucking Associations (State of the Industry Address)Don D. Lacy, Prime, Inc.Gary Lovell, Carlock, Copeland & Stair LLPScott W. McMickle, McMickle, Kurey & Branch, LLPMatthew G. Moffett, Gray, Rust, St. Amand, Moffett & Brieske, LLP Eric Nau, Prime, Inc.Susan A. Powell, Strategic Litigation Research, Inc.Virginia Price, Higgs Fletcher & Mack LLPReza D. Rismani, Treece Alfrey Musat, P.C.Daniel J. Santaniello, Luks, Santaniello, Petrillo & Jones Jeffery A. Segal, Weber Gallagher Simpson Stapleton Fires & Newby LLPJeffrey S. St. Pierre, The Towing NetworkC. Mark Stratton, Shannon, Gracey, Ratliff & Miller, L.L.P.Chuck Tetunic, Mediation, Inc. Christopher M. Vossler, Howd & Ludorf, LLCNik Wallenda, Wallendas Inc. (Keynote Speaker)Pauline Will, Bennett Schechter Arcuri & Will, LLPMarlin Zechman, CHMM, ARM, XL Group, plc

TRAVEL INFORMATIONThe 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 HOTELHyatt Regency Grand Cypress

Expect the very best at the Hyatt Regency Grand Cypress, a secluded oasis surrounded by beautiful lakes, thrilling theme parks and well-manicured golf courses. The moment you step into the resort’s sun-drenched atrium lobby, you’ll be greeted by the breathtaking 1,500 acre Orlando property. Guests will appreciate the exceptional array of services, amenities and activities, including world-class restaurants and spacious, newly renovated guestrooms. Business travelers will be pleased by the complimentary high-speed wireless Internet access and access to the high-tech 24-hour business center. Check with the concierge regarding pricing for the resort’s shuttle service to get around town.

RESERVATIONSA limited block of rooms with a special group rate have been reserved for Trucking Industry Defense Association participants. The following discounted rate has been negotiated:

TIDA Members and Guests: $189 per night plus a $10 resort fee (reduced from $20)

Please inform reservations that you are a participant in the TIDA Annual Seminar to receive this special rate. This block of rooms will be held until exhausted or released on Friday, October 25, 2013. The room block may sell out so please make your reservations early. After October 25, room reservations are subject to availability and prices may increase.

Check-in time is 4:00 p.m. Check-out time is 11:00 a.m.

Reservations can be made online at https://resweb.passkey.com/go/TIDA2013 or by phone at 888-421-1442.

Hyatt Regency Grand Cypress One Grand Cypress Blvd. Orlando, Florida 32836

TRANSPORTATIONDistance to/from Orlando International Airport is 18 miles each way; 30-minute ride.

Taxi fare is approximately $55 each way. Shuttle is approximately $21 one-way, $34 roundtrip per person. Mears Transportation operates 24 hours a day. For more information, please visit www.mearstransportation.com. Mears Shuttle vans are white with yellow lettering that states Mears Motor Shuttle.

SEMINAR FEES*

TIDA Attorney/TPA/Vendor Member: $415

TIDA Trucking/Insurance Member: $210

Trucking/Insurance Guests: $335 Includes 1 year TIDA membership. Call the TIDA office to complete a membership application and registration form.

Attorney/TPA/Vendor Guest: $515 (Must be invited by a TIDA member, proof of invitation required.)

The registration fee includes admission to the program, course materials, continental breakfasts, coffee breaks, box lunch and cocktail receptions. All registration forms mailed in must be accompanied by a check, money order or credit card number. Registration must be postmarked on or before October 25, 2013.

All attendees will receive confirmation via email within 10 business days.

DRESS CODE for both the seminar and receptions is business casual.

*All payments made in USD

CANCELLATION POLICYCancellations must be received in writing on or before October 16, 2013 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 October 16, 2013. Registrants who are unable to attend may send a substitute or can receive course materials following the seminar.

Attendees with special needs, please call the TIDA office to make arrangements for the seminar.

21ST ANNUAL TIDA INDUSTRY SEMINAR

Wednesday, November 13, 2013

7:00 am - 3:30 pm: Golf Outing at Grand Cypress Golf Course (New Course)

This year’s golf outing will be held at Grand Cypress New Course. Proper attire is required and there will be no on-site registration. Participants must be registered for the Annual Seminar in order to play.

7:30 am – 12:30 pm: Service Project - Second Harvest Food Bank of Central Florida

Second Harvest Food Bank of Central Florida is a private, nonprofit organization that collects and distributes donated food to more than 500 nonprofit partner agencies in six Central Florida counties. Volunteers will assist in sorting and boxing donated products.

3:30 pm – 6:30 pm: Registration

4:00 pm – 5:00 pm: Young Professionals Symposium

Chairs: Pauline Will and Sara Johnson

5:00 pm - 6:30 pm: Cocktail Reception

Dinner on Your Own

Thursday, November 14, 2013

7:30 am - 8:15 am: Registration and Continental Breakfast

7:30 am - 8:15 am: New Member Breakfast

General Session

8:30 am – 9:00 am: State of the Industry Governor Bill Graves, President and CEO, American Trucking Associations

9:00 am - 9:30 am: Opening Remarks & Awards Joel Schechter, TIDA President and Kevin Chignell, Annual Seminar Chair

9:30 am - 10:15 am: Keep Your Friends Close, Keep Your Drivers Closer: How Drivers Win and Lose Lawsuits

Renee Blum, Quality Distribution Virginia Price, Higgs Fletcher & Mack LLP

A comprehensive examination of the role the driver takes in casualty litigation. This is a “how to” guide for staying in contact, managing the risks and making the most of the assets a driver brings to the table. The session will include real world examples of driver testimony at trial and deposition. A defense counsel and an industry leader will discuss current issues and suggested practices for staying in touch with your driver, gaining your driver’s trust and cooperation, and ensuring your driver’s successful participation in your defense.

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10:15 am - 10:30 am: Morning Break

10:30 am - 11:45 am: Assessing Witness Credibility: How to Tell When Someone is Lying to You

Joseph P. Buckley, John E. Reid and Associates, Inc.

A focused discussion on the proper room setting criteria, and the verbal and nonverbal behavior symptoms that are displayed by a person who is telling the truth during a non-accusatory interview, as well as those displayed by a person who is withholding or fabricating relevant information. Specific behaviors discussed include: attitude; posture; significant posture changes; grooming; personal and protective gestures; eye contact; and verbal responses. The ability to recognize and evaluate these behaviors is a particularly important asset for cases in which the available investigative information does not definitively establish the credibility of the subject.

11:45 am – 12:00 pm: Box Lunch

12:00 pm – 1:00 pm: Keynote Speaker - Nik Wallenda Nik Wallenda is the seventh generation of Great Wallendas who trace their roots back to the Austro-Hungarian empire in 1780. For Nik, every walk is an expression of honor to his great grandfather, the legendary Karl Wallenda, who brought the Wallendas to America for The Greatest Show on Earth. In June, 2013, Nik completed the death-defying wire walk across the Grand Canyon. In the meantime, he continues performing daredevil stunts around the world, without any safety devices, on the high wire, the “wheel of death,” hanging by his jaw from a helicopter and more.

Breakout Session 1 1:15 pm – 2:00 pm: Avoid Becoming a Hostage: What the Industry Can Do to Avoid Tow Truck Terrorism

Brian Cash, FedEx Freight, Inc. Jeffery A. Segal, Weber Gallagher Simpson Stapleton Fires & Newby LLP Jeffery S. St. Pierre, The Towing Network

A discussion of practical approaches for dealing with tow truck companies after your tractor trailer has been voluntarily, or even worse, involuntarily towed. Specifically, we will discuss the realities of inflated tow truck invoices, cargo held for ransom until inflated tow truck invoices are paid, and what the industry can do to avoid these hostage situations.

OR Controlling Environmental Claim Costs and Meeting Regulatory Approval

Terry L. Edwards, Florida Department of Environmental Protection Marlin Zechman, CHMM, ARM, XL Group, plc

This break-out session will explore the handling of environmental issues that are associated with the trucking industry. We will provide insight into the various tasks associated with environmental remediation and tips to control these costs while still attaining regulatory agency approval.

Breakout Session 2

2:15 pm – 3:00 pm: Some Things are Better Left Unsaid: Using Motions in Limine to Win Trials

C. Mark Stratton, Shannon, Gracey, Ratliff & Miller, L.L.P. Christopher M. Vossler, Howd & Ludorf, LLC

Pretrial motions to preclude evidence (also known as motions in limine) are frequently used as a litigator’s tool to obtain pretrial rulings that exclude inadmissible evidence that you know your opponent will try to bring before the jury. However, they also serve other purposes that justify their use toward successful outcomes at trial. This session will explore the reasons for making them an essential part of your defense strategy as well as look at some favorable rulings and their impact on various cases.

OR What You Need to Know About Coverage When Handling a Trucking Case

Scott W. McMickle, McMickle, Kurey & Branch, LLP Pauline Will, Bennett Schechter Arcuri & Will, LLP

Trucking cases present unique coverage issues that need to be understood before they can be handled properly. For example, what is an MCS-90? What is Non-Trucking Insurance or Bobtail Coverage? What’s the difference between the Motor Carrier Coverage Form and the Truckers Coverage Form? This session will explain these concepts so the attendees will be in a better position to truly understand their exposure and handle their cases accordingly.

3:00 pm - 3:15 pm: Afternoon Break

3:15 pm – 4:00 pm: Eenie Meenie Miney Mo: Choosing the Right Corporate Representative for Depositions

Don D. Lacy, Prime, Inc. Eric Nau, Prime, Inc. Reza D. Rismani, Treece Alfeey Musat, P.C.

A comprehensive discussion of the steps for choosing the right corporate representative and preparing the novice or seasoned representative for even the toughest plaintiff’s attorney. The presentation will include the mock deposition of a corporate representative on a not so favorable factual scenario.

4:00 pm – 5:00 pm: Board Update and General Membership Meeting

5:30 pm - 7:00 pm: Cocktail Reception

Dinner on Your Own

Save the date for 2014!22ND ANNUAL TIDA Industry SeminarLAS VEGAS, NV | OCTOBER 22-24, 2014

Friday, November 15, 2013

7:30 am - 8:30 am: Continental Breakfast

8:30 am - 9:30 am: What Mediators Really Think About You

Chuck Tetunic, Mediation, Inc. Daniel J. Santaniello, Luks, Santaniello, Petrillo & Jones

Trucking cases often involve mediations with complex issues of liability and damages. This presentation will discuss effective ways of how to (and how not to) present liability and damages on major cases, as well as what works (and what doesn’t work) from the mediator’s perspective. It will feature specific examples and techniques that have helped bring about favorable settlements in difficult cases, as well as strategies that aggravated settlement potential. Attendees will learn what the mediator believes to be effective strategies for reaching the litigants and even their lawyers.

9:30 am - 10:30 am: The Reptile Revolution: Appeal to Juror’s Primitive Instincts

Gary Lovell, Carlock, Copeland & Stair LLP Matthew G. Moffett, Gray, Rust, St. Amand, Moffett & Brieske, LLP

This presentation involves a defensive counter-strategy to the latest “reptile” strategy of the plaintiff’s bar. As defense lawyers, do we really believe and agree with the “reptile” strategy; that jurors are disinterested in rendering justice and can only be motivated to do the right thing if they are first convinced that their very survival is at risk? As certain plaintiff’s lawyers seek to convince jurors to do supposed justice, how can we defense lawyers put on the necessary armor to defeat these assaulting “reptile” lawyers so that truth and justice prevails?

10:30 am - 10:45 am: Morning Break

10:45 am - 11:45 am: The Five W’s of Focus Groups - Why, When, Where, Who & What!

Moderator: Doug Betkowski, Swift Transportation, Mohave Transportation Insurance Company Speakers: Charles Carr, Carr Allison Patrick Dowd, Dowd & Dowd, Ltd. Susan A. Powell, Strategic Litigation Research, Inc.

The presenters will discuss the use of Focus Groups and Mock Jury Panels including The Five W’s – why they use them, when, where, who and what! This will include specific examples from personal experiences and observations – both good and bad – as counsel, expert and claims management. Attendees will learn about the benefits of their use and the pitfalls of spending too much too late as well as too little too early. Join us for a practical, useful and hopefully – for some of you – timely discussion about including this tool in your litigation toolbox.

11:45 am - 12:00 pm: Closing Remarks

2013 ANNUAL SEMINAR SCHOLARSHIP PROGRAMTIDA will once again extend scholarships to industry

members attending the 2013 Annual Seminar. This

program will only be offered for the 2013 Annual Seminar

and is not applicable for any other TIDA seminars.

Interested applicants must meet the following criteria

and must submit an application for the scholarship.

Accepted applicants will receive a scholarship which will

include the seminar registration fee, two nights lodging

and up to $300 airfare reimbursement.

Scholarship Recipient Criteria:The scholarship is based on a pro-rata distribution of

trucking and insurance company members. Trucking

members are defined as members that own/operate

trucks and their captive insurance companies. Insurance

companies include property/casualty insurance

companies only.

Scholarships are offered on a first come, first served

basis; three scholarships per member company.

Separate divisions within a company will not be

considered separately eligible for the scholarship.

Scholarship Applications:Scholarship applications are available at www.tida.org

or can be requested by contacting the TIDA office at

847-647-7226.

Accreditation:Continuing Education credits for insurance adjusters

and attorney CLE certificates will be offered at the 2013

Annual Seminar.

Members-only online registration

You can register online!

It’s easy:

• Log in to www.tida.org and select the Events tab

• Scroll to the Registration Information under

2013 Annual Seminar

• Click Online Registration

TIDA Mission

TIDA seeks to be the industry organization of choice

for motor carriers, trucking insurers, defense

attorneys and claims serving 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.

TruckingIndustryDefenseAssociation6311W.GrossPointRd.

Niles,IL60714

21ST ANNUAL TIDA INDUSTRY SEMINAR

PLEASE JOIN US AT THE HYATT REGENCY GRAND CYPRESS

NOVEMBER 13-15, 2013 | ORLANDO, FLORIDA