sempro2023

PRESORTED FIRST CLASS U.S. POSTAGE P A I D NEW ORLEANS, LA PERMIT NO. 1028 39TH ANNUAL RIVER AND MARINE INDUSTRY SEMINAR Wednesday, April 26, 2023 Thursday, April 27, 2023 Friday, April 28, 2023 InterContinental New Orleans G.N.O.B.F.A. P. O. Box 232 Hahnville, LA 70057

#100625820v20 7:15 – 8:30 REGISTRATION 8:30 – 9:00 OPENING REMARKS PRESIDENT, GNOBFA Karl C. Gonzales Plimsoll Marine, Inc. LaPlace, LA 70068 SEMINAR CO-DIRECTORS Alan J. Savoie Consultant, The Cooper Group of Companies Thomas G. Grantham Ingram Barge Company Port Allen, LA SEMINAR MODERATOR Marc C. Hebert, Esq. Jones Walker LLP New Orleans, LA MODERATOR EMERITUS Maurice C. Hebert, Jr., Esq. Maurice C. Hebert, Jr., LLC River Ridge, LA KEYNOTE SPEAKER RADM Wayne R. Arguin United States Coast Guard Director of Office of Inspections and Compliance Washington, D.C. 9:00 – 10:30 PART I: THE MARITIME “DICTIONARY” OF LITIGATION TERMS – WHAT DO THEY MEAN? For example: § The Jones Act Seaman – What makes me one? § The Longshoreman – am I one of those? § The “Non Seafarer” – What might that be? § The Plaintiff lawyer demanded I pay the injured seaman “FOUND” – Now I am lost, what is the plaintiff lawyer looking for? § The other side in this lawsuit claims “Spoliation” – What is that all about? § “Joint and Several Liability” – You mean my 1% exposure could make me legally pick up the whole/entire verdict amount? § “Savings to Suitor” clause – What does this mean? § What is “All Risk” insurance and what is a “P&I Club”? PART II: MARITIME LAW UPDATE FROM THE GULF COAST AND EAST COAST Moderator/Industry Representative: Marc C. Hebert, Esq. Panel Members: James Mercante, Esq. Rubin, Fiorella, Friedman & Mercante, LLP New York, NY Defense Attorney Judge Andrew Edison US Magistrate Judge Southern District of Texas Galveston, TX Judge 10:30 – 10:45 BREAK 10:45 – 12:15 THE PERSONAL INJURY LAWSUIT BROUGHT BY THE SEAMAN/CLAIMANT WITH PRE-EXISTING INJURIES PROBLEMS AND ISSUES PRESENTED BY AND OVER SITUATIONS SUCH AS: § The claimant’s failure to disclose the preexisting conditions to the employer when applying for employment – so what? § The failure of the employer to completely and fully investigate any alleged personal injury accident – Investigate for what and why? Does the employer have the legal right to take the necessary time to investigate before making a decision on paying Maintenance/Cure or Compensation or Nothing? § What defense does the employer have under any legal theory to deny Maintenance and Cure in a personal injury accident? Is that a smart thing to do? What if the wrong decision is made? What if there are different insurers? § What happens if Compensation is paid but it is ultimately determined Maintenance and Cure was owed? How does the employer handle this issue? § “Aggravation of a pre-existing condition” – common allegation! What are the legal ramifications to the employer if this allegation is made? What does the employer do to defend? Are there any defenses? WEDNESDAY, APRIL 26, 2023 1 22 INFORMATION #100900934v5 Seminar: April 26, 27, & 28, 2023 InterContinental New Orleans Reception: April 26, 2023 | 5:30 pm – 7:00 pm 444 St. Charles Avenue, NOLA 70130 (for seminar attendees only) Admission to the seminar is limited. Please register early. Registration Fees If paid on or before March 25, 2023: $775.00 | If paid after March 25, 2023: $875.00 Current industry trends are continuing to focus on environmental sustainability and GNOBFA is looking to mirror our customer's trends. On this subject, GNOBFA will offer both the printed materials and a digital download. Please indicate your preference on the registration form. It is our intention to provide you with the most cost effective seminar while maintaining GNOBFA’s high standards. There will be no exceptions to these registration fees. Credit card payments are for online registrations only! We will accept credit card payments through “PayPal”. See website for details. Online registration opens on February 24, 2023 at www.GNOBFA.com Confirmation: A seminar confirmation will be sent via e-mail within one week upon receipt of payment. Please provide the e-mail address of each registrant. If a confirmation is not received within the specified time frame, please contact [email protected] to confirm and guarantee your registration. Seminar Registration Fee Includes: Admission to the Wednesday evening cocktail reception, all meetings, digital copy of course materials, two luncheons, coffee and pastries each morning, with full buffet breakfast on Friday morning. Cancellations: Refund less $300.00 cancellation fee. To avoid the fee, you have the option to transfer your payment to another company associate, or you can apply your payment to your or another company associate’s registration fee to attend in 2024, but not beyond. No shows do not qualify as a transfer request. Cancellations MUST be in writing prior to the seminar. There will be no exceptions to the cancellation policy. Accommodations: Seminar price does not include hotel accommodations. Rooms have been reserved at a rate of $225.00, single/double occupancy. The deadline to reserve a hotel room is March 22, 2023 at 5 p.m. The reserved block of rooms are reserved on a first come basis. Reservations for the InterContinental New Orleans can be made online at https://book.passkey.com/e/50347528 or by calling 1-800-235-4670. WHEN MAKING RESERVATIONS, PLEASE REFERENCE THE GREATER NEW ORLEANS BARGE FLEETING ASSOCIATION RIVER AND MARINE SEMINAR. Continuing Education Credit: This seminar may satisfy your state's legal or insurance continuing education requirements. GNOBFA complies with attendance verification requirements for continuing education programs. Complete credit listings and contact information can be viewed at www.gnobfa.com For further information, please contact any of the following Seminar Committee Members: Seminar Co-Directors: Alan Savoie – Phone: (504) 415-4191 – E-Mail: [email protected] Tommy Grantham – Phone: (225) 338-5903 – E-Mail: [email protected] Registration: Fred Renoudet – Phone: (504) 913-1791 – E-Mail: [email protected] Robin Rogers – Phone: (985) 248-0833 – E-Mail: [email protected] VISIT OUR WEB SITE AT WWW.GNOBFA.COM FOR SEMINAR UPDATES

#100625820v20 2 WEDNESDAY, APRIL 26, 2023 § Can an employer allege “contributory negligence” as a defense to a claimant incurring any injury caused or contributed to by his/own “preexisting condition”? § The allegation of an injured fellow seaman alleging his/her accident and injury was due to the seaman with the “preexisting injury” – can that seaman render the vessel unseaworthy? § The precedent set by the courts ruling in the cases of Koch and others – let me explain! § How does the or its insurer handle the use and cost of doctors, hospitals, etc. in any claim? Ø Do the medical expenses have to be “reasonable?” What does that mean how is “reasonable” defined? What action can the company take? Can a plaintiff in a maritime tort action recover for medical expenses billed but not paid? Ø Can any medical expenses be negotiated? Who is it negotiated with? If so, who does this and how is it done? When is it done or disputed? Ø Can this be an “issue” for a judge or jury in a trial to decide? Moderator/Industry Representative: Marc C. Hebert, Esq. Panel Members: Lara N. DiCristina, Esq. Jones Walker LLP New Orleans, LA Defense Attorney Kristi A. Post, Esq. Blake Jones Law Firm, LLC New Orleans, LA Plaintiff Attorney 12:15 – 1:30 LUNCH 1:30 – 3:15 SOME OF THE STRANGE AND NUMEROUS POSSIBLE ISSUES AND SOLUTIONS OF “THE PERSONAL INJURY CLAIM”: A. What might be the exposure of Mo’s Towing if: 1. The Claimant is alleging Jones Act status but is really in the “longshoreman” status – what does Mo’s Towing pay at inception, “maintenance and cure” or “longshoreman” benefits?” 2. What position will Mo’s Towing’s insurers take if there are different insurers for personal injury and longshore benefits? 3. What facts determine if the Claimant is a Jones Act employee or a longshoreman? How does this effect employer “A” handling the claim? See Young v. T.T. Barge Services Mile 237 LLC 12/5/17 – ED La. 2017 WL 6027287 4. Suppose M/C was paid but the claimant is later determined to be a longshoreman – now, how is that handled between the insurers? Is there reimbursement, subrogation, etc.? B. Mo’s Towing is sued by an employee’s thirdparty beneficiaries alleging: 1. Two (2) employers under the Jones Act! What does that mean? Can there be such a case? 2. To be the “borrowed servant” of Mo’s Towing? How is that determined? If successful, what is the exposure of Mo’s Towing? Holder v. Fraser Shipyards, Inc., (W.D. Wis.), 1/17/2018, 2018 WL 456327 C. What other issues will Mo’s Towing face? a. Choice of Doctor i. Pre-employment physicals and after incident exposure b. The Liability Triangle i. How does the employer manage liability claims with liability of coemployees? ii. What are the facts, and what is the cost? Moderator/Industry Representative: Marc C. Hebert, Esq. Panel Members: C. Barrett Rice, Esq. Broussard + Williamson Metairie, LA Plaintiff’s Attorney Jason R. Kenney, Esq. Staines, Eppling & Kenney, LLC Metairie, LA Defense Attorney 3:15 – 3:30 BREAK WEDNESDAY, APRIL 26, 2023

#100625820v20 3 WEDNESDAY, APRIL 26, 2023 3:30 – 5:00 INSURANCE ISSUES – WHAT ISSUES ARE PRESENTED TO THE EMPLOYER WITH REGARD TO (hypotheticals presented): 1. The Insurance Broker – Most important and here is why! 2. The Insurer – Can one be different than the other – if so, how? What about the “London” insurers? 3. Explain these parts of an insurance policy: a. Declarations b. Insuring Agreements c. Conditions d. Exclusions e. Endorsements 4. How do I read a policy and what am I looking for in each part of the policy set out above? 5. What coverages do I consider if my company has or operates: a. Vessels – tugs, barges, cranes, etc. b. A fleet or marine facility which incorporates batture, offices, wharves, etc. c. Vessels chartered by or to me! d. Do I ever have to consider “contingent” coverage? Why? Under what circumstances? 6. What about “Workplace Discrimination” racial, age, wrongful termination, etc. – do I need “employment liability insurance” (EPLI)? Why? Because of liability or cost of defense? 7. The Personal Injury and/or Property Damage – Do I want a “basic” or “special” policy for coverage? What do I need? 8. There is always the possibility of operating vessels that transport cargo, liquids, personnel, etc. What coverages does this vessel need! 9. What amount of coverage should I consider for each coverage category in my policy? Do I want or need a “loss of earnings” endorsement on my full policy? How does it work? 10. Punitive damages – what do I do about that? Is it still a cause of action – is it covered in the policy? What if the policy is “silent” on this coverage? Then, is it covered? 11. What did we miss? Moderator/Industry Representative: Marc C. Hebert, Esq. Panel Members: Christian Kelly, Esq. Charles Taylor TPA Mandeville, LA Insurance Representative Thomas J. Ptacek, Esq. Lockton Companies Metairie, LA Insurance Representative 5:30 – 7:00 SEMINAR RECEPTION WEDNESDAY, APRIL 26, 2023

4 WEDNESDAY SPEAKERS KARL C. GONZALES is President of the Greater New Orleans Barge Fleeting Association, Inc. and Vice President of Operations for Plimsoll Marine, Inc.-Cooper/T. Smith Stevedoring, a division of the COOPER GROUP of companies. Prior, Mr. Gonzales served as clerk to the Honorable Douglas A. Allen and the Honorable James M. Lockhart, Jr., Judges of the First Parish Court for the Parish of Jefferson, Louisiana. In 1981, Mr. Gonzales was hired as Vice President and thereafter elected as President of RLB Boat Company, Inc. and Mid-Gulf Transportation Company, Inc. both of Harvey, Louisiana. From November 1985 until August 2017, Mr. Gonzales was Vice President –Operations and later became Executive Vice President of Gulf South Marine Transportation, Inc., a local marine towing company, and also held those same positions with Gulf South Marine Brokers, Inc., a local marine brokerage company. Mr. Gonzales currently serves (appointed) on several maritime related committees, including the United States Coast Guard-Lower Mississippi River Waterway Safety Advisory Committee (LMRWSAC), United States Coast Guard-Sector New Orleans- Area Maritime Security Executive Committee (AMSC), and as a member of the United States Coast Guard-Sector New Orleans Port Coordination Team (PCT). He is a former Vice President of The Mariner’s Club of the Port of New Orleans and is active in several other marine-related and charitable organizations. ALAN J. SAVOIE, Seminar Co-Director and past president of the Greater New Orleans Barge Fleeting Association, is Consultant for The Cooper Group of Companies. Formerly Director of Marketing and Business Development for Cooper Consolidated, LLC, he has served in many capacities in the marine industry since 1977. Mr. Savoie is formerly coowner of Marine Centre, Inc., Kathryn Rae Towing, Inc. and LSK Towing, Inc., all local towing companies. Mr. Savoie has served in numerous GNOBFA capacities over the years. THOMAS G. GRANTHAM is Vice President of the Greater New Orleans Barge Fleeting Association, Seminar Co-Director, and Continuing Education Coordinator. Prior to joining the marine industry in 1990, he served six years in the United States Navy Nuclear Power Program. Employed by Capital Fleet in 1990, he served as vice president of Capital Fleet until the company was acquired by Ingram Barge in 2008. Mr. Grantham is now a manager of vessel engineering for Ingram vessels in the Gulf area. He is a licensed vessel operator and holds a tankerman endorsement issued by USCG. He is a member of East Baton Rouge Local Emergency Planning Committee, American Legion and Veterans of Foreign War organizations. Mr. Grantham has served on various GNOBFA committees and in different capacities since 1999. MAURICE C. HEBERT, JR., ESQ., Seminar Moderator Emeritus, formerly an attorney with Liskow & Lewis, APLC, retired in 2004, but maintains his license to practice law and engage in special projects, mediation and arbitration. He graduated from LSU in 1959 with a degree in Electrical Engineering. He is a professional and registered Electrical and Environmental Engineer, (Retired) in the State of Louisiana. He graduated from Loyola University School of Law in 1966. He served as a law clerk to U.S. District Judge Richard Putnam. Mr. Hebert is admitted to numerous state and federal courts, including the U.S. Supreme Court. Mr. Hebert has served on numerous marine educational boards for both industry and educational institutions. He is a member of the GNOBFA Advisory Board and was a member of the Board of Directors of the Louisiana Association of Waterways Operators and Shipyards (L.A.W.S.). He has been a speaker at numerous maritime and law related seminars, is the Co-Founder of the River and Marine Industry Seminar and has served as moderator of all of the prior River and Marine Industry Seminars. MARC C. HEBERT, ESQ., Seminar Moderator, is a senior partner with Jones Walker and practices with the Maritime, Corporate, Litigation, and Government Relations groups. He is a member of the GNOBFA Seminar Committee, Greater New Orleans Port Safety Council Chairman 2011, 2016 to 2019 and currently serves as Chair Ex-Officio, serves on the Southern Yacht Club Junior Sailing Activities Committee, serves as Legal Counsel to the Mississippi Valley Trade & Transport Council (Board Member and Vice Chair 2006 to September 2016), and is certified/trained in Marine Incident Investigation and Root Cause Analysis

5 WEDNESDAY SPEAKERS wednesday (SafeMARINER, LLC). From 1995 to 2002, he worked for the U.S. House of Representatives Government Reform and Oversight Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs and was appointed in 2019 by U.S. Secretary of Commerce Wilbur Ross to serve on the Louisiana District Export Council. He also served as an Adjunct Professor at the Loyola University New Orleans College of Law from 2002- 2005. Mr. Hebert graduated from Tulane University in 1991 with a B.A. in Economics, received his J.D. from Loyola University School of Law in New Orleans in 1994, and earned his LL.M. in Environmental Law from The National Law Center, George Washington University in Washington, D.C. in 1996. He is admitted to practice in Louisiana and Virginia, the District of Columbia, Federal Court in the Southern District of Texas, and before the U.S. Court of International Trade. REAR ADMIRAL WAYNE R. ARGUIN JR. serves as the Assistant Commandant for Prevention Policy, and is responsible for the development of national policy, standards, and programs promoting Marine Safety, Security and Environmental Stewardship. Three Directorates carry out the mission: Inspections and Compliance, Marine Transportation Systems, and Commercial Regulations and Standards. Programs include waterways management, navigation and boating safety, ports and facilities, merchant mariner credentialing, vessel documentation, marine casualty investigation, commercial vessel inspections, and port state control. Rear Admiral Arguin is a 1992 graduate of the Coast Guard Academy, where he earned a Bachelor of Science degree in Naval Architecture and Marine Engineering and in 2001, he earned a Master of Science degree in Naval Architecture and Marine Engineering from the University of Michigan. Prior to his current assignment, Rear Admiral Arguin served as the Director of Inspection and Compliance, also at Coast Guard Headquarters. His previous operational assignments include Sector Commander, Sector New Orleans. He also served as Executive Officer of Marine Safety Office Memphis, TN and Prevention Department Head at Sector Lower Mississippi River where he coordinated waterways management, vessel inspections, mariner licensing and marine casualty investigations on the Lower Mississippi River and its tributaries. In 1994, Captain Arguin earned his Marine Inspection qualifications at Marine Safety Office Hampton Roads and served as senior marine inspector performing commercial vessel and cruise ship inspections at Marine Safety Office Tampa, Florida. He was also assigned to USCGC HARRIET LANE (WMEC-903) as a student engineer and Damage Control Assistant (1992- 1994). His staff assignments include Director of Emerging Policy and Executive Officer, Hull Division Chief and Salvage Engineering Response Team (SERT) Leader at the Coast Guard’s Marine Safety Center. He was responsible for the evaluation and approval of vessel structures, stability, fire protection systems and coordinated salvage engineering support to the Coast Guard Captains of the Port (COTP) and Federal OnScene Coordinators (FOSC) in response to a variety of vessel casualties. His awards include the Defense Superior Service Medal, Defense Meritorious Service Medal, Coast Legion of Merit, Coast Guard Meritorious Service Medal (five awards), the Coast Guard Commendation Medal (three awards), the DHS Secretary’s Exceptional Service Gold Medal, and the EPA Administrator’s Silver Medal. JAMES E. MERCANTE, ESQ. partner at New York law firm Rubin, Fiorella, Friedman & Mercante LLP, heading the firm’s admiralty and transportation practice. His group handles nearly all aspects of admiralty issues nationwide, including marine casualty litigation (inland, ocean marine and yachts), terminal and transportation issues, marine insurance coverage issues, policy wordings and cargo disputes. His team has made law in jurisdictions including, New York, New Jersey, Wisconsin, Massachusetts, and in two landmark decisions in Washington, DC obtaining over $11 Million in recoveries for marine insurers in oil spill cases. A graduate of the United States Merchant Marine Academy, Kings Point, New York, he has sailed as a Merchant Marine officer aboard ship and tugs. He has been a member (and current President) of the New York Board of Commissioners of Pilots for 25 years and a retired as

6 WEDNESDAY SPEAKERS wednesday Captain in the U. S. Navy Reserve. He also serves on the Board of Directors of the Traffic Club of New York. A resident of Long Beach, NY, in his spare time, he authors the Admiralty Law column for the New York Law Journal and “Sea Trials” column for Long Island Boating World and is called upon often as a maritime law expert for Channel 5 Fox News in New York and the Associated Press. His marine articles can be viewed on the firm’s website “Publications” link. JUDGE ANDREW EDISON is a United States Magistrate Judge for the Southern District of Texas - - Galveston Division. He earned his undergraduate degree from Dartmouth College and his law degree from the University of Virginia School of Law. Prior to taking the bench in 2018, Judge Edison was a highly respected trial lawyer, appearing for the past 25 years in state courts, federal courts and arbitration panels across the country. He lectures frequently at various continuing legal education seminars and serves as an adjunct professor at the University of Houston Law Center, teaching Remedies and Trial Advocacy. Outside the law, Judge Edison is an avid sports fan and can often be found attending sports events all over the globe. Although he is not blessed with much athletic ability, Judge Edison has managed to run--and complete--five marathons, including the Boston Marathon. LARA N. DICRISTINA is a partner in Jones Walker’s Maritime Practice Group and a member of the maritime litigation, arbitration, and dispute resolution team. She has more than 20 years of litigation experience and has protected the interests of clients in the maritime and energy industries in an expansive range of matters in state and federal courts in various jurisdictions. Lara is a seasoned trial lawyer with substantial experience litigating a wide array of matters before juries and judges in state and federal courts in various jurisdictions. Her litigation experience includes protecting the interests of clients in matters involving maritime and land-based personal injuries and fatalities, complex commercial disputes, toxic exposures, property damage claims, contract and charter party disputes, chemical releases, vessel arrests and attachments, products liability claims, environmental exposures, oil spills, insurance coverage disputes, and subrogation matters. The depth and breadth of Lara’s experience are as diverse as her client base, which includes family-owned businesses; publicly traded companies; owners, operators, and charterers of vessels and barges; dredging companies; marine construction companies; industrial staffing agencies; shipyards; oil field services companies; manufacturers; drilling and service contractors; labor supply companies; oil and gas production companies; fire and water cleanup and restoration service providers; environmental service companies; refineries; domestic and foreign primary and excess insurers; Lloyd’s syndicates; and Protection and Indemnity (P&I) clubs. She has significant experience with incident response investigations and has guided her clients through the aftermath of offshore and land-based catastrophic losses, fatalities, personal injuries, collisions, allisions, groundings, sinkings, fires, explosions, chemical releases, and environmental spills. KRISTI POST is an attorney with Blake Jones Law Firm, L.L.C. in New Orleans, Louisiana. Her practice is primarily comprised of cases involving serious maritime injuries and fatalities, auto and commercial vehicular accidents, traumatic brain injuries, premises liability and Longshore and Harbor Workers Compensation Act cases in numerous state and federal courts as well as administrative agencies. Ms. Post has over 35 years of trial experience and has successfully litigated cases involving such diverse areas as the kidnapping of offshore workers by militant forces in Nigeria, casino gaming vessels, Hurricane Katrina insurance litigation, crane failures, aviation accidents, commercial diving accidents and one case involving a derrick barge capsizing and the dramatic rescue if its divers during a hurricane off the Yucutan Peninsula which became the subject of the novel All the Men in the Sea. She was also recently appointed as a member of the Claimants’ Executive Committee in the SEACOR POWER liftboat case. Kristi is an Associate Professor of Trial Advocacy at Tulane Law School and is one of only 25 attorneys in the

7 WEDNESDAY SPEAKERS wednesday State of Louisiana board certified in civil trial law by the National Board of Trial Advocacy. She received her J.D. and LL.M. in Admiralty from Tulane Law School and is a member of the State Bar of Texas and the Louisiana State Bar Association. C. BARRETT RICE, ESQ is a partner at Broussard + Williamson Personal Injury Trial Lawyers. She represents clients primarily in admiralty and maritime law and offshore personal injury. Ms. Rice’s experience includes personal injury litigation , property damage claims, product liability claims, vessel seizures, marine pollution matters, reservoir damage, and other environmental litigation. Ms. Rice received a B.A. from Northwestern University and graduated with numerous honors from Tulane University Law School where she received an Admiralty/Maritime Law Program Certificate. JASON R. KENNEY is a partner at Staines, Eppling, and Kenney. He attended Louisiana State University for undergraduate studies and graduated in 2002 with a bachelor degree in Finance. After his undergraduate studies, he began studies at Tulane University Law School, during which time he was an active member of the Tulane Moot Court. During law school he was the Moot Court Junior Trial Champion, a Moot Court Senior Trial Competition semi-finalist, nominated as the President of Tulane’s Student Chapter of ATLA, and coach and team member for the Louisiana ATLA trial competition. He received his Juris Doctorate from Tulane in 2005. Prior to and during the early stages of his law career, Jason worked as an outdoor writer for eight years and published over 75 stories in local publications. In 2005 he was admitted to the Louisiana Bar and began practicing in the field of admiralty and maritime law. He is admitted to practice before all Louisiana state courts, the U.S. District Courts for the Eastern, Middle and Western Districts of Louisiana and the U.S. Fifth Circuit Court of Appeals. Jason has represented clients all over the Southern Gulf Coast and abroad and has appeared on their behalf in Louisiana, Mississippi, Texas state courts, Louisiana, Texas, Mississippi, and Kentucky federal courts, and the United States Court of Appeals for the Fifth Circuit. He has tried numerous maritime personal injury cases and collision/allision cases to judges and juries in both federal and state courts. Jason has also been a guest lecturer and presenter in various areas, including the Jones Act, general maritime negligence, maintenance and cure, punitive damages, seaman status, Supplemental Rules for Certain Admiralty and Maritime Claims, and trial practice to industry groups, attorneys, companies, insurers, and at Lloyd's of London. CHRISTIAN KELLY has an undergraduate degree in law from Anglia Polytechnic University in England, a Master’s Degree in EU Law from the University of Essex, England and the equivalent of a US Juris. Doc. from the College of Law, Guildford, Surrey, England. Christian is an English qualified solicitor, admitted to the Roll of the Law Society of England & Wales from September 2002, although is no longer admitted nor practicing. Christian has been employed as a solicitor Partner in both American and English law firms. He has advised both US and UK insurance companies, Lloyds of London syndicates and P&I Clubs on insurance coverage, defense and subrogation for marine insurance matters around the world but with particular specialism within US matters. Christian chose to go in-house with a client to head the claims function for a Lloyds of London Marine MGA in 2012, and became a Board Director with the MGA in 2013 with responsibility for claims worldwide. In 2015 the MGA was purchased by Thomas Miller and Christian became an executive Director on the Board of Thomas Miller Specialty, as well as Head of Claims for Marine, Energy, Cyber and Space risks. In 2014 Christian moved to Mandeville, Louisiana in order to get closer to the US clients of the MGA, while maintaining overall control for claims worldwide for Thomas Miller Specialty. In December 2017 Christian joined Continental Underwriters / Fidelis Marine as a Senior Director of Claims progressing to being the US Head of Claims. Christian managed a US based clams team focused upon U.S. brown water marine insurance claims, cargo and inland marine/specialty.

8 WEDNESDAY SPEAKERS wednesday Christian joined Charles Taylor TPA, a division of Charles Taylor, in September 2020 as VP of Claims. Christian manages adjusters across the U.S delivering predominantly marine claims services to clients (typically Jones Act employers, insurance companies and P&I Clubs). Christian has previously spoken at this conference (in 2018) and other notable conferences, and has previously been an advisor to the Maritime and Admiralty Committee of the American Bar Association. Christian is married with five children and is a convert to ‘American’ football and is an avid New Orleans Saints fan. THOMAS J. PTACEK joined Lockton in 2019 as a Senior Vice President. In his 30+ years of experience, he has gained valuable expertise in supply chain, logistics and transportation risk management in addition to extensive marine logistics and claims experience. Tom has also established two owner-controlled insurance programs for major investor-owned utilities and has served as a contractual Risk Management advisor. His main areas of focus include supply chain risk management, transportation intermediary legal and contractual liabilities, and alternative risk transfer and captives. Tom’s specializations have included insurance and risk management for logistics providers, especially developing techniques for insurance and risk management to serve as a business development tools for transportation companies. He has also consulted on risk management for many large industrial, inland river and coastwise tug & barge operators.

9 THURSDAY, APRIL 27, 2023 #100625820v20 8:30 – 10:30 ETHICS AND PROFESSIONALISM This panel will specifically address issues arising under Rule 3.1. Meritorious Claims and Contentions, Rule 3.2. Expediting Litigation, Rule 3.3. Candor Toward the Tribunal, Rule 3.4. Fairness to Opposing Party and Counsel. Other similar topics arising will be addressed under the Louisiana State Bar Association Rules and Code of Professionalism. In this regard, subtopics will include but not be limited to the following: § How should the plaintiff and defense attorneys evaluate their cases at the outset, and again for trial preparation? What must be conveyed to both the client and the court in this regard? § Advantages and disadvantages of state and federal court; when to remove a case to federal court? And how should this be done properly and what happens when it is done improperly and without attention to the true facts of the case? § What happens when the plaintiff’s counsel files in state court and a Limitation of Liability action is filed in federal court, by the defendant’s counsel? Then, where might the case be tried, and how can this possibly affect the settlement of the case? § What do Judges like and dislike in courtroom “tactics” from both the plaintiff and defense attorneys? Also, what do the attorneys like and dislike from the Judges, when preparing for and actually trying the case? § Discovery and E-Discovery: What do I have to save? What do I have to produce? § What conduct might violate the ethical rules and obligations of all lawyers and Judges to each other, and the attorneys to their clients? § How do counsel properly identify and calculate damages and Judges make awards? How are these damages considered at the settlement stage and then at trial given the facts presented to the parties? Other than on appeal, how can awarded damages be altered? § Settlement procedures and strategies: what do lawyers need to consider and include in their reports to their clients, and what is proper and not in this regard? When do clients have to attend in person, and why? What is the role of the claims/insurance adjuster in trial preparation and settlement negotiations via a vis the client and the court? What does it mean to have limited authority for settlement purposes and how should that authority be presented by the lawyers with the bounds of his or her ethical obligations? How is this authority determined and used? Moderator: Judge Kurt D. Engelhardt Circuit Judge United States Court of Appeals for the Fifth Circuit Panel Members Jonathan H. Sandoz, Esq. CGB Enterprises, Inc. Covington, LA In-house Counsel Judge Donna Phillips Currault United States Magistrate Judge Eastern District of Louisiana Judge George Vourvoulias, III, Esq. The Maritime Injury Law Firm New Orleans, LA Plaintiff Attorney Justice Ken Wise State of Texas Judicial Branch Fourteenth Court of Appeals Justice 10:30 – 10:45 BREAK 10:45 – 12:15 LOOKING AHEAD ON THE INLAND WATERWAYS: WHAT ARE THE CHALLENGES, REGULATORY ISSUES AND LEGAL ISSUES FACING THE BROWNWATER MARINE INDUSTRY? § What is the MTS? What does that mean and who runs it? § What is the USCG requiring of me in cyber security and counter-terrorism? What are other operators doing to reduce risk, exposure and liabilities? How can the USCG help? § What is the movement towards sustainability and carbon/emission reduction? How is that affecting vessel operations, new builds, use of battery power, hydrogen and methanol? What does that mean for my vessel and my fleet? What will the USCG, barge lines and our customers

10 THURSDAY, APRIL 27, 2023 #100625820v20 THURSDAY, APRIL 27, 2023 require of us to “go green”? Can I get insurance and what type is available? § And what is with autonomous vessels and how do they work? Is this becoming a reality? What is the USCG position on autonomy and what are the inherent risks in using autonomous vessels? How do we insure them? § What are the risks and how can we expect insurers to manage those risks? What insurance coverages are available? Moderator: Marc C. Hebert, Esq. Panel Members: RADM Wayne R. Arguin United States Coast Guard Director of Office of Inspections and Compliance Washington, D.C. Coast Guard Representative Jon W. Macklem Vice-President, Legal The Cooper Group of Companies Mobile, AL In-house Counsel Mike Ellis Chief Executive Officer American Commercial Barge Line Jeffersonville, IN Industry Representative 12:15 – 1:30 LUNCH 1:30 – 3:15 DOCTOR PANEL THE CARDIOLOGIST: § When do I need a cardiologist? § How do I manage post COVID issues with employees from a cardiology perspective – shortness of breath, heart conditions, etc? § At what point in time do I know that the deckhand or captain cannot return to work due to latent issues arising from COVID? § How important are pulmonary issues to the work being performed by a deckhand or captain? § Is there an age for a deckhand or captain that we should be thinking about stress tests and similar health physical? THE HAND SURGEON: § What are the most common injuries seen to the hand? § What is the best course of practice for emergency medical response for a hand injury? § Is there a relationship between hand injuries and PTSD? How do we know and how is it treated? § When does one use a Certified Hand Therapist and Upper Extremity Therapist (CHT)? MANAGING THE CLAIM: § What will the insurer or claims manager expect for handling and filing claims for costs of treatment? § What reports will be provided by the doctors for insurance claims and reports to underwriters? What should we expect from an IME? Moderator: Marc C. Hebert, Esq. Panel Members: Dr. R. Dean Yount, M.D. Ochsner Health New Orleans, LA Cardiologist Dr. Barton Wax, M.D. Jefferson Orthopedic Clinic Marrero, LA Hand Specialist 3:15 – 3:30 BREAK 3:30 – 5:00 I CHARTERED MY BOAT AND BARGE TO A THIRD PARTY: WHAT AGREEMENT DO I USE AND WHY? DIFFERENCES IN THE BAREBOAT, TIME CHARTER & TOWAGE AGREEMENTS § When do I use the different agreements, and what is the difference? What about a contract of affreightment? § How do I protect my company and the vessels in the Bareboat Charter Agreement from liability exposure and the condition/value of my vessels? § What is the Bisso Rule and how is it applied in a towage agreement? § Suppose my barge is a tank barge and while under a Bareboat Charter it is caused to sink, there is a spill and I am placed on notice with claims by one or more parties, and the USCG, for damages, removal of wreck, pollution clean-up, etc. – WHAT DO I DO?

11 THURSDAY, APRIL 27, 2023 #100625820v20 THURSDAY, APRIL 27, 2023 § Can the Charterer of my vessels simply walk away? § What happens when the Charterer’s insurer denies coverage for one reason or another on any accident? § Should I have carried personal “contingency coverage?” How does this work? What might it cost me? What protection does it give me? § The vessel is lost, sunk, or whatever – what about my charter hire to the end of the Charter period – any circumstances where I might recover this from the Charterer? What about while waiting for the Charterer’s insurer to declare it a total loss and pay me its worth or agreed-upon value? § Where is my protection from any pollution liability, clean-up, environmental losses due to a spill, etc.? Moderator: Maurice C. Hebert, Jr., Esq. Panel Members: Bridget Carbary Upper River Services LLC St Paul, MN In-house Counsel Alfred J. Rufty III, Esq. Jones Walker LLP New Orleans, LA Defense Attorney

12 THURSDAY SPEAKERS JUDGE KURT D. ENGELHARDT was appointed by President Donald J. Trump to the United States Fifth Circuit Court of Appeals, based in New Orleans, on May 10, 2018. He was previously appointed by President George W. Bush to the United States District Court for the Eastern District of Louisiana on December 13, 2001, and became Chief Judge to that Court on October 1, 2015, serving until his appointment to the Fifth Circuit. He received a Bachelor of Arts in history in 1982 from Louisiana State University in Baton Rouge and received his law degree from LSU in 1985. Prior to his appointment to the federal bench, Judge Engelhardt was a partner with the Metairie, Louisiana law firm of Hailey, McNamara, Hall, Larmann & Papale, where his practice included all aspects of commercial transactions and commercial litigation, including real estate, bankruptcy, insurance defense and coverage issues, RICO, contract disputes, and construction litigation, along with some practice in the areas of personal injury litigation and white collar criminal defense work. In 1995, Judge Engelhardt was appointed by the Governor to serve a four-year term on the ninemember Louisiana Judiciary Commission; in 1998, he was elected by his fellow commission members to serve as Chairman. His work on the Judiciary Commission has been cited for its excellence by the Louisiana Supreme Court. In 2004, Judge Engelhardt was appointed by United States Supreme Court Chief Justice Rehnquist to serve on the Judicial Conference Committee on Federal-State Jurisdiction, where he served two terms. He also served on the U.S. Fifth Circuit’s Committee on Criminal Pattern Jury Instructions, charged with drafting and updating jury instructions for use throughout the Circuit. He is a member of several professional organizations including the Advisory Board of the New Orleans Chapter of The Federalist Society; The American Judicature Society; and previously the Board of Directors (and past president) of the New Orleans Chapter of the Federal Bar Association. On October 17, 2019, he was elected to membership in The American Law Institute. He is also a Board member and past president of the Cancer Association of Greater New Orleans. JONATHAN H. SANDOZ serves as Senior Vice President, General Counsel & Compliance Officer, CGB Enterprises, Inc., where he is responsible for the management of the legal and compliance functions for a group of businesses focused on the origination, handling and transportation of agricultural and other commodities or bulk materials throughout the Midwest and on the U.S. inland river systems, primarily for shipment and sale to export markets. Prior to CGB, Jonathan worked as Group General Counsel for a division of the Shaw Group, a global engineering and construction company, where he supported domestic and international infrastructure and environmental remediation projects within both the private and governmental sectors. Before then, he was engaged in private practice in the New Orleans metropolitan area with a practice focused almost exclusively within the transportation and construction industries. He is a 1995 graduate of Loyola University, New Orleans law school. JUDGE DONNA PHILLIPS CURRAULT serves as a United States Magistrate Judge for the Eastern District of Louisiana. Before joining the federal bench, she was a member of Gordon, Arata, Montgomery Barnett, McCollam, Duplantis & Eagan, LLC, where she handled complex commercial litigation matters including class and collective actions, business disputes, and business torts. She regularly represented employers in claims brought under federal and state anti-discrimination statutes and advised clients on employment agreements and non-competition/non-solicitation issues, prepared policies and handbooks, and conducted training on employment matters. Before joining Gordon, Arata, she served as a judicial law clerk to the Honorable Morey L. Sear, United States District Judge for the Eastern District of Louisiana, from 1989-1990. Judge Currault graduated magna cum laude from Tulane University School of Law in 1989 and was selected for Order of the Coif. While in law school, she was a Managing Editor and member of the Tulane Law Review. She also served as a Senior Fellow for Tulane Law School’s Legal Research and Writing program.

13 THURSDAY SPEAKERS Judge Currault is on the Board of Directors of the Foundation of the Federal Bar Association. She is a Life Fellow of the Federal Bar and American Bar Foundations and a Fellow of the Louisiana Bar Foundation and Litigation Counsel of America. She is a member of the Tulane Law Review Advisory Board, the St. Thomas More Inn of Court, and the Federal Magistrate Judges Association. Judge Currault is the Immediate Past President of the New Orleans Chapter of the Federal Bar Association, where she has served as a Director since 2002, past Chair of the FBA’s Labor & Employment Section and past Chair of the Louisiana Board of Legal Specialization’s Employment Law Advisory Commission. She served as the Code I Examiner and currently serves on the Testing Committee for the Louisiana Committee on Bar Admissions. While in private practice, Judge Currault was rated AV® Preeminent™ by Martindale-Hubbell and listed in Best Lawyers in America (Commercial Litigation and Employment Law), Chambers USA Leading Lawyers in Labor & Employment, SuperLawyers Louisiana (Top 25 Women Lawyers and Labor & Employment), Benchmark Top 250 Women in Litigation, and New Orleans “Top Lawyers” in Labor and Employment Law. New Orleans CityBusiness selected her as a 2020 Leader in the Law honoree. GEORGE VOURVOULIAS, III is a litigation attorney specializing in maritime personal injury, Jones Act claims, and construction litigation. In addition, he effectively represents clients in personal injury litigation, worker’s compensation claims, and medical malpractice litigation. He also represents clients in DWI defense matters. Prior to his work as a trial lawyer, Mr. Vourvoulias served as corporate and general counsel to a Louisiana offshore company and a Louisiana heavy construction company. Mr. Vourvoulias uses the insight gained from his prior experience working with offshore and construction companies to successfully represent clients who have been injured in maritime, construction, and other workplace accidents. Mr. Vourvoulias received his Juris Doctorate from Gonzaga University School of Law in 1998. He received his Masters Degree in Admiralty and Maritime Law from Tulane University in 1999. George is admitted to practice in Louisiana and Illinois, as well as the U.S. District Court for the Eastern District of Louisiana and the U.S. 5th Circuit Court of Appeals. JUSTICE KEN WISE is in his 19th year of service as a Texas judge. He served as Judge of the 152nd District Court and the 334th District Court before joining the 14th Court of Appeals where he has served for the past 9 years. Justice Wise earned his bachelor’s degree from Texas A&M University, where he competed as a member of the intercollegiate rodeo team. He earned his law degree from the University of Houston Law Center. Justice Wise is very active in the service of the bar and the judiciary. He is a member of the Texas Judicial Council, which sets policy for the Texas judicial system. He co-chaired a State Bar task force that conducted the first complete study of the Texas Court system since 1892. He served two terms on the Texas Access to Justice Commission. He has also served as a visiting judge in counties across the State of Texas. Justice Wise is an elected member of the prestigious American Law Institute, where he focuses on the laws of policing and the law of American Indians. REAR ADMIRAL WAYNE R. ARGUIN JR. serves as the Assistant Commandant for Prevention Policy, and is responsible for the development of national policy, standards, and programs promoting Marine Safety, Security and Environmental Stewardship. Three Directorates carry out the mission: Inspections and Compliance, Marine Transportation Systems, and Commercial Regulations and Standards. Programs include waterways management, navigation and boating safety, ports and facilities, merchant mariner credentialing, vessel documentation, marine casualty investigation, commercial vessel inspections, and port state control.

14 THURSDAY SPEAKERS Rear Admiral Arguin is a 1992 graduate of the Coast Guard Academy, where he earned a Bachelor of Science degree in Naval Architecture and Marine Engineering and in 2001, he earned a Master of Science degree in Naval Architecture and Marine Engineering from the University of Michigan. Prior to his current assignment, Rear Admiral Arguin served as the Director of Inspection and Compliance, also at Coast Guard Headquarters. His previous operational assignments include Sector Commander, Sector New Orleans. He also served as Executive Officer of Marine Safety Office Memphis, TN and Prevention Department Head at Sector Lower Mississippi River where he coordinated waterways management, vessel inspections, mariner licensing and marine casualty investigations on the Lower Mississippi River and its tributaries. In 1994, Captain Arguin earned his Marine Inspection qualifications at Marine Safety Office Hampton Roads and served as senior marine inspector performing commercial vessel and cruise ship inspections at Marine Safety Office Tampa, Florida. He was also assigned to USCGC HARRIET LANE (WMEC-903) as a student engineer and Damage Control Assistant (1992- 1994). His staff assignments include Director of Emerging Policy and Executive Officer, Hull Division Chief and Salvage Engineering Response Team (SERT) Leader at the Coast Guard’s Marine Safety Center. He was responsible for the evaluation and approval of vessel structures, stability, fire protection systems and coordinated salvage engineering support to the Coast Guard Captains of the Port (COTP) and Federal OnScene Coordinators (FOSC) in response to a variety of vessel casualties. His awards include the Defense Superior Service Medal, Defense Meritorious Service Medal, Coast Legion of Merit, Coast Guard Meritorious Service Medal (five awards), the Coast Guard Commendation Medal (three awards), the DHS Secretary’s Exceptional Service Gold Medal, and the EPA Administrator’s Silver Medal. JON W. MACKLEM serves as Vice President - Legal and in-house counsel at Cooper/T. Smith, one of America's oldest and largest stevedoring and maritime firms, with operations on all three U.S. coasts and internationally. Prior to going in-house, Jon spent over a decade as a corporate defense attorney at a law firm, where he handled a broad range of litigation, corporate compliance, and transactional matters. MIKE ELLIS was named ACBL Chief Executive Officer and member of the board of directors in August 2020. Prior to joining ACBL, Mr. Ellis was Executive Vice President and Marine Group Leader for Savage Services Corporation where he helped grow and diversify their Inland and Offshore Marine businesses until Savage sold the Inland Business to Kirby in April of 2020. Prior to joining Savage, Mr. Ellis was President, Board Member and part owner of Settoon Towing, LLC. Mr. Ellis played an instrumental role in helping Settoon Towing start and build its bulk transportation division into a top tier operator before being sold to Savage. Prior to joining Settoon, Mr. Ellis held various leadership positions with Bollinger Shipyards including EVP/CFO and EVP/COO. Mike currently serves on the Board of Directors for the American Waterways Operators. Mike has a Bachelor of Science degree in accounting from LSU. DR. ROYCE DEAN YOUNT, MD is a board certified interventional cardiologist who has been practicing in Uptown New Orleans since 1998. He received his medical degree from the Louisiana State University School of Medicine in 1992 where he also completed an internal medicine residency and a fellowship in cardiovascular diseases. Dr. Yount is a Fellow of the American College of Cardiology and the Society of Cardiac Angiography and Intervention. He is a former President of the Orleans Parish Medical Society. Dr. Yount practices general cardiology with a focus on interventional cardiovascular procedures. He also trains future cardiologists as a clinical assistant professor at LSU School of Medicine.

15 DR. BARTON WAX, M.D. joined Jefferson Orthopedic Clinic in 2013. He attended Louisiana State University and LSU School of Medicine (LSUHSC). He completed an Orthopedic Surgery residency at LSUHSC and a fellowship in Hand Surgery at the University of Miami. He is a member of the American Academy of Orthopedic Surgery, the American Society for Surgery of the Hand, Greater New Orleans Orthopedic Society, and Louisiana Orthopaedic Association. Dr. Wax is proficient at advanced procedures of the hand and upper extremity and has a special interest in microvascular surgery and hand trauma. BRIDGET CARBARY is associate general counsel for Upper River Services, LLC in St. Paul, Minnesota. She started working for Upper River Services in 2010 as a human resources assistant and joined the team, full-time, as counsel in 2015. In her role, Bridget handles a wide range of legal issues and also works as a human resource generalist. She maintains compliance with federal, state, and local laws and regulations and recommended best practices. Additionally, she manages and mitigates legal risks by drafting and implementing company policies and procedures. She has experience drafting, reviewing, and negotiating commercial agreements, charter agreements, master service agreements, indemnity agreements, and labor agreements. Bridget also works closely with outside counsel to complete injury investigations and assist with litigation. Bridget received a Bachelor of Arts degree from the University of Wisconsin-Oshkosh and her Juris Doctor from William Mitchell College of Law. She is admitted to practice in the state of Minnesota and the United States District Court District of Minnesota. ALFRED J. RUFTY, III is Special Counsel with Jones Walker LLP in New Orleans and is a member of the maritime litigation, arbitration, and dispute resolution team. He provides broad-ranging maritime litigation and commercial litigation services to clients across the United States and internationally. For three decades, Al has represented vessel owners and operators, offshore service companies, marine insurers, shipyards, cargo owners, and other industry players. His clients include domestic and foreign companies with interests and operations throughout the US Gulf Coast, in Mexico, and beyond. Al enjoys trial work and regularly litigates on his clients’ behalf in matters involving maritime casualties — collisions, allisions, personal injury, property damage, and cargo loss — as well as in contractual disputes, often involving vessel charters, shipyard repairs, or marine insurance coverage. He works closely with clients to identify the issues at the heart of any dispute and to adopt practical strategies to resolve the issues quickly and effectively. When negotiated settlements are not an option, Al draws on his significant trial experience to present his clients’ cases before judges and juries in federal and state courts. Al has won a number of high-profile victories and been quoted in national legal and business publications such as Law360. Al has deep experience in matters involving the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and other federal laws and regulations. He also regularly advises clients regarding the purchase or sale of vessels, and he is one of an exclusive group of lawyers that has advised international treasure hunters with respect to the identification and recovery of shipwrecks and their cargo. THURSDAY SPEAKERS

16 FRIDAY, APRIL 28, 2023 #100625820v20 7:00 – 8:30 Breakfast Buffet 8:30 – 11:45 HANDLING POLLUTION CLAIMS, AND UNITED STATES COAST GUARD INVESTIGATIONS § Who is involved from the Coast Guard, insurance, marine surveyor, and others? § When does a pollution investigation become criminal and how does this affect insurance coverage and legal defense? § What is MISLE, MSL, CV-ING, and what do they do? § What other parties, state and local, are involved in investigations and clean-up? § Who is a responsible party, and can that party limit its liability under the Oil Pollution Act of 1990? § What insurance coverages do I need and how do they respond? § What is the role of the pollution adjuster and marine surveyor? § I filed a claim for response costs with the Oil Spill Liability Trust fund (OSTLF). How is the “fund” managed and when does it pay out? PART I – PROPERLY HANDLING A POLLUTION EVENT AND RESPONSE PART II - INVESTIGATION AND DNA FINGERPRINTING OF THE OIL SPILL AFTER THE INCIDENT Moderator/Industry Representative: Marc C. Hebert, Esq. Panel Members: CAPT Jason Neubauer Chief, Office of Investigations and Casualty Analysis United States Coast Guard Washington, DC Coast Guard Representative CAPT Gregory Callaghan Deputy Sector Commander, New Orleans United States Coast Guard New Orleans, LA Coast Guard Representative Keith Jarrett, Esq. Liskow & Lewis New Orleans, LA Defense Attorney Tom Marian Buffalo Marine Service, Inc. Houston, TX 77262 Pollution Insurer Ben Benson BEST, Inc. Slidell, LA Pollution Adjuster/Marine Surveyor 11:45 – 12:00 Closing Remarks President, GNOBFA Karl C. Gonzales Plimsoll Marine Inc. LaPlace, LA Seminar Co-Director Alan J. Savoie Consultant, The Cooper Group of Companies Seminar Moderator Marc C. Hebert, Esq. Jones Walker LLP New Orleans, LA Moderator Emeritus Maurice C. Hebert, Jr., Esq. Maurice C. Hebert, Jr., LLC River Ridge, LA

17 FRIDAY SPEAKERS CAPTAIN JASON NEUBAUER has served as the Chief of the Office of Investigations & Analysis at Coast Guard Headquarters since July of 2014. He is responsible for overseeing marine casualty investigations, suspension & revocation cases involving credentialed mariners, violation investigations, and data analysis for the Coast Guard’s Prevention operations. From October 2015 to October 2017, he also served as the Chairman of the Commandant's Marine Board of Investigation into the sinking of the Steam Ship EL FARO. Captain Neubauer previously served as the Commanding Officer of Marine Safety Unit Chicago from July 2012 to July 2014 where he was responsible for Prevention operations spanning 300 miles of Lake Michigan coast line and 180 miles of the Illinois River and its tributaries. He also served as the Prevention Department Chief and Deputy Commander at Coast Guard Sector Honolulu from July 2008 to June 2012, where he was responsible for overseeing operations throughout a 1.5 million square mile Captain of the Port Zone. Captain Neubauer was commissioned as an Ensign after graduating from the United States Coast Guard Academy in 1992 with a Bachelor of Science Degree in Marine Engineering and Naval Architecture. After completing an initial marine inspection training tour in Seattle, Washington he transferred to the Gulf of Mexico for a four year stint at Marine Safety Office Morgan City from 1996-2000. While in Morgan City, he completed inspections on vessels supporting the offshore drilling industry and served for three years as the unit’s Senior Investigating Officer, investigating a wide variety of marine casualties. After Morgan City, Captain Neubauer transferred north to the head of the Mississippi River and served as the Supervisor of Marine Safety Detachment St Paul, Minnesota from August 2000 until June 2003. During his time in St Paul, he worked closely with the Army Corps of Engineers and became well acquainted with the tug and barge industries that transport vital commerce on the Western Rivers. CAPTAIN GREGORY A. CALLAGHAN assumed the duties as Deputy Commander, Sector New Orleans in June 2022. In this capacity, he oversees over 1,000 active duty, reserve, civilian, and auxiliary Coast Guard personnel who serve over 300 miles of the Lower Mississippi River, 230 miles of the Intracoastal Waterway, and almost 4,000 miles of coastline in an area of responsibility totaling over 100,000 square nautical miles. His previous operational assignments include Commanding Officer of Marine Safety Unit Texas City from 2016-2018 and Executive Officer from 2014-2016. There, his responsibilities included carrying out the Coast Guard’s Homeland Security, Marine Safety, and Marine Environmental Protection missions in the Ports of Galveston, Texas City and Freeport, in over 120-miles of the Gulf Intracoastal Waterway, a 4,000 square-mile region of the Outer Continental Shelf, and the entrance to the nation’s largest petrochemical complex. His time there included the preparation and response to Hurricane Harvey. From 2004-2008, Captain Callaghan was assigned to Sector Boston, MA, where he served as Chief of Port State Control, Assistant Chief of Waterways Management, Aids to Navigation Officer, and Senior Investigating Officer. From 2000-2004, he served at Marine Safety Office Miami, FL as Port State Control and Domestic Marine Inspector and Licensing Examiner at Regional Exam Center Miami. Captain Callaghan’s staff assignments include his most recent assignment as Chief of Prevention for the Eleventh Coast Guard District from 2019-2022 where he led staff, two Coast Guard Buoy Tenders, and more than 2,500 Auxiliarist in management of the prevention mission in an area of responsibility covering California, Nevada, Utah, and Arizona and responsible for $500 Billion in international trade. From 2010-2014 he was assigned in the Office of Port and Facility Compliance at Coast Guard Headquarters where he served as the Coast Guard’s program manager for the Transportation Worker Identification Credential enforcement and Chief of the Port and Facility Security Standards Branch leading research, development, and implementation

18 FRIDAY SPEAKERS FRIDAY of top priority maritime security regulations. Additionally, he was the Coast Guard representative to the U.S. and Canada Bi-National Maritime Security Working Group. In 2020, Captain Callaghan was appointed by the Coast Guard Deputy Commandant for Operations as Chairman of the Marine Board of Investigation to investigate the causal factors in the loss of the commercial fishing vessel SCANDIES ROSE and five crew members which occurred on December 31, 2019. Captain Callaghan served in the Coast Guard Reserves from 1996-2000 as part of the Maritime Academy Reserve Training Program and was assigned to Activities New York. Captain Callaghan is a graduate of the State University of New York Maritime College where he received a Bachelor of Science degree and an Unlimited Third Mates License in the Merchant Marine. He has Master’s in Public Administration and Certification in Port and Maritime Administration from Old Dominion University, and a Master’s in National Security and Resource Strategy from the National Defense University’s Eisenhower School. R. KEITH JARRETT, ESQ. is a shareholder of Liskow & Lewis and its former managing partner. He handles litigation, primarily in the fields of Energy and Maritime. Mr. Jarrett graduated from the U.S. Merchant Marine Academy in 1980, afterwards serving on merchant vessels for two years. He graduated from Tulane Law School in 1985, summa cum laude, where he was a member of the Tulane Law Review and Order of the Coif. After law school, Mr. Jarrett clerked for Judge Alvin E. Rubin of the federal Fifth Circuit Court of Appeals, and then joined Liskow & Lewis. He has tried lawsuits involving vessel collisions, well blowouts, personal injuries and death (maritime and landbased), oil spill liability, vessel construction, indemnity and insurance, and many others. Mr. Jarrett has also handled matters before federal agencies, including OSHA, the Chemical Safety Board, and the Coast Guard. He is a member of the American College of Trial Lawyers, the Tulane Admiralty Law Institute, and the Southeastern Admiralty Law Institute. TOM MARIAN is General Counsel at Buffalo Marine Service, Inc. Prior to joining Buffalo Marine Service in 2007, Tom Marian was a Special Counsel with Jones Walker, LLP’s Houston Texas Admiralty section. This followed a 21-year career of commissioned service in the Coast Guard which culminated in his position as Commanding Officer, Vessel Traffic Service Houston-Galveston from 2002-2005. Other Coast Guard assignments include: afloat tours on ocean-going buoy tenders stationed out of San Juan, Puerto Rico and Honolulu, Hawaii and operational tours in New Orleans, LA, Seattle, WA and Key West, FL. In 2000, Mr. Marian was assigned to the Department of Defense as the Chief Legal Counsel to the Joint Interagency Task Force East, located in Key West, FL. The primary goal of this position was to provide advice and recommendations on counter-drug efforts throughout the Eastern Pacific and the Caribbean basin. This also entailed participation in the negotiation of international instruments to effectuate the enforcement of Article 17 of the 1988 Vienna Convention throughout the Western Hemisphere. As Commanding Officer of VTS HoustonGalveston, Mr. Marian played a significant role in the development of local port security practices and procedures designed to maximize the participation of area private stakeholders. In this position he also served as the Executive Secretary of the former Houston-Galveston Navigation Safety Advisory Committee (HOGANSAC). Mr. Marian served as Chairman, Greater Houston Port Bureau (2006 – 2012); Chairman, Gulf Intracoastal Canal Association Board (2018 – 2020); Chairman, Lone Star Harbor Safety Committee (2012 - 2014); Chairman, American Waterways Operators (2018 – 2019). Additionally, he has served on several regional maritime boards since his retirement from the USCG in 2005.

19 FRIDAY SPEAKERS FRIDAY He is the author of several articles focusing on bunker operations that have been published in Bunkerspot, Waterways Journal and Bunker World; Tulane Law Journal “Port Security from the Inside Out: A Systems Approach To Safeguarding Our Nation’s Ports; and currently publishes the monthly Port Watch column in the GHPB magazine. BS 1984, United States Coast Guard Academy; JD 1996 Tulane University School of Law. C.A. ’BEN’ BENSON is President/Owner of BEST, Inc. and Senior Marine Pollution Surveyor & Adjuster for EPG, LLC. His response experience spans 40+ years which includes service in the U.S. Coast Guard serving expeditions to the Artic and Antarctic regions, Atlantic & Pacific Ocean Patrols, Inland Construction Tenders, COTP/MIO New Orleans and Captain of the Port Honolulu as the Senior Pollution Investigator for the Hawaiian Islands. Assigned to the USCG National Strike Force-Gulf Strike Team as Chief Damage Controlmen, Diver and C-130 Loadmaster. Mr. Benson’s commercial experience includes senior level oil/hazardous material contractor management, Certified Response Manager for US EPA’s Region IV Emergency Response Contracting System, Superfund Program. Senior VP of Response Services for O’Brien’s Response Management a preeminent contract Incident Management Team serving Major Oil & Gas and Pipeline Industry. U.S. based Qualified Individual for Worldwide International Shipping Interests for tank and non-tank vessel clients trading in the United States. Deputy Incident Commander/Adviser BP-Deepwater HorizonHouma, LA. Command Center. Senior Marine Pollution Surveyor/Consultant for various U.S. based Pollution Insurance Providers and Lloyds of London Pollution Underwriters. Deployed to Gulf War I for Saudi Armaco Services & Gulf War II for U.S. Army Corp of Engineers as a subject matter expert. Education Background: USCG/FEMA Advanced Training Curriculums; UT(Austin)- Offshore Oil Exploration & Operations; ‘Red’ Adair-Well Control Technology, Vanderbilt University-Pyrotechnic Technology; LSU- Asbestos Science, University of Hawaii Leeward Campus for Business Administration. USAF-C-130 Load Master and USN ‘SeaBee’ Advanced Survival Training.

20 #100900941v7 See you next year in New Orleans for the 40th ANNUAL G.N.O.B.F.A. RIVER AND MARINE INDUSTRY SEMINAR G.N.O.B.F.A. P. O. Box 232 Hahnville, LA 70057

21 #100900941v7 River and Marine Industry Seminar April 26, 27, & 28, 2023 InterContinental New Orleans COMPANY: ADDRESS: CITY: STATE: ZIP: PHONE: EMAIL: Seminar Fees If paid on or before March 25, 2023 - $775 If paid after March 25, 2023 - $875 Credit card payments accepted online only at www.GNOBFA.com ____ Enclosed is my check for $ made payable to GNOBFA. Tax I.D. No. 72-1085110 – W9 printable on Seminar page of www.GNOBFA.com Seminar Registration Price includes the following: a reception for seminar attendees only, that will be held this year on Wednesday after the last afternoon session, admission to all meetings, copy of seminar materials, coffee and pastries each morning, two buffet luncheons, and a buffet breakfast on Friday morning. PLEASE RETURN THIS REGISTRATION FORM WITH REMITTANCE TO: Regular Delivery: For FedEx, UPS, etc. Deliveries: GNOBFA GNOBFA River and Marine Industry Seminar c/o Robin Rogers P.O. Box 232 280 Plantation Road Hahnville, Louisiana 70057-0232 Hahnville, Louisiana 70057 504-415-9024 A registration confirmation email will be sent within one week of receiving your payment. If a confirmation is not received within this time frame, please contact [email protected]. PLEASE PRINT REGISTRANT NAMES All registrants will receive the program materials via a password-protected digital download at the seminar. To ensure that we provide the correct number of printed booklets, anyone wishing to receive your program materials in booklet form MUST indicate in the column below. NAME EMAIL Materials Book Y/N VISIT WWW.GNOBFA.COM FOR SEMINAR INFORMATION AND UPDATES. SEMINAR REGISTRATION

#100625820v20 7:15 – 8:30 REGISTRATION 8:30 – 9:00 OPENING REMARKS PRESIDENT, GNOBFA Karl C. Gonzales Plimsoll Marine, Inc. LaPlace, LA 70068 SEMINAR CO-DIRECTORS Alan J. Savoie Consultant, The Cooper Group of Companies Thomas G. Grantham Ingram Barge Company Port Allen, LA SEMINAR MODERATOR Marc C. Hebert, Esq. Jones Walker LLP New Orleans, LA MODERATOR EMERITUS Maurice C. Hebert, Jr., Esq. Maurice C. Hebert, Jr., LLC River Ridge, LA KEYNOTE SPEAKER RADM Wayne R. Arguin United States Coast Guard Director of Office of Inspections and Compliance Washington, D.C. 9:00 – 10:30 PART I: THE MARITIME “DICTIONARY” OF LITIGATION TERMS – WHAT DO THEY MEAN? For example: § The Jones Act Seaman – What makes me one? § The Longshoreman – am I one of those? § The “Non Seafarer” – What might that be? § The Plaintiff lawyer demanded I pay the injured seaman “FOUND” – Now I am lost, what is the plaintiff lawyer looking for? § The other side in this lawsuit claims “Spoliation” – What is that all about? § “Joint and Several Liability” – You mean my 1% exposure could make me legally pick up the whole/entire verdict amount? § “Savings to Suitor” clause – What does this mean? § What is “All Risk” insurance and what is a “P&I Club”? PART II: MARITIME LAW UPDATE FROM THE GULF COAST AND EAST COAST Moderator/Industry Representative: Marc C. Hebert, Esq. Panel Members: James Mercante, Esq. Rubin, Fiorella, Friedman & Mercante, LLP New York, NY Defense Attorney Judge Andrew Edison US Magistrate Judge Southern District of Texas Galveston, TX Judge 10:30 – 10:45 BREAK 10:45 – 12:15 THE PERSONAL INJURY LAWSUIT BROUGHT BY THE SEAMAN/CLAIMANT WITH PRE-EXISTING INJURIES PROBLEMS AND ISSUES PRESENTED BY AND OVER SITUATIONS SUCH AS: § The claimant’s failure to disclose the preexisting conditions to the employer when applying for employment – so what? § The failure of the employer to completely and fully investigate any alleged personal injury accident – Investigate for what and why? Does the employer have the legal right to take the necessary time to investigate before making a decision on paying Maintenance/Cure or Compensation or Nothing? § What defense does the employer have under any legal theory to deny Maintenance and Cure in a personal injury accident? Is that a smart thing to do? What if the wrong decision is made? What if there are different insurers? § What happens if Compensation is paid but it is ultimately determined Maintenance and Cure was owed? How does the employer handle this issue? § “Aggravation of a pre-existing condition” – common allegation! What are the legal ramifications to the employer if this allegation is made? What does the employer do to defend? Are there any defenses? WEDNESDAY, APRIL 26, 2023 1 22 INFORMATION #100900934v5 Seminar: April 26, 27, & 28, 2023 InterContinental New Orleans Reception: April 26, 2023 | 5:30 pm – 7:00 pm 444 St. Charles Avenue, NOLA 70130 (for seminar attendees only) Admission to the seminar is limited. Please register early. Registration Fees If paid on or before March 25, 2023: $775.00 | If paid after March 25, 2023: $875.00 Current industry trends are continuing to focus on environmental sustainability and GNOBFA is looking to mirror our customer's trends. On this subject, GNOBFA will offer both the printed materials and a digital download. Please indicate your preference on the registration form. It is our intention to provide you with the most cost effective seminar while maintaining GNOBFA’s high standards. There will be no exceptions to these registration fees. Credit card payments are for online registrations only! We will accept credit card payments through “PayPal”. See website for details. Online registration opens on February 24, 2023 at www.GNOBFA.com Confirmation: A seminar confirmation will be sent via e-mail within one week upon receipt of payment. Please provide the e-mail address of each registrant. If a confirmation is not received within the specified time frame, please contact [email protected] to confirm and guarantee your registration. Seminar Registration Fee Includes: Admission to the Wednesday evening cocktail reception, all meetings, digital copy of course materials, two luncheons, coffee and pastries each morning, with full buffet breakfast on Friday morning. Cancellations: Refund less $300.00 cancellation fee. To avoid the fee, you have the option to transfer your payment to another company associate, or you can apply your payment to your or another company associate’s registration fee to attend in 2024, but not beyond. No shows do not qualify as a transfer request. Cancellations MUST be in writing prior to the seminar. There will be no exceptions to the cancellation policy. Accommodations: Seminar price does not include hotel accommodations. Rooms have been reserved at a rate of $225.00, single/double occupancy. The deadline to reserve a hotel room is March 22, 2023 at 5 p.m. The reserved block of rooms are reserved on a first come basis. Reservations for the InterContinental New Orleans can be made online at https://book.passkey.com/e/50347528 or by calling 1-800-235-4670. WHEN MAKING RESERVATIONS, PLEASE REFERENCE THE GREATER NEW ORLEANS BARGE FLEETING ASSOCIATION RIVER AND MARINE SEMINAR. Continuing Education Credit: This seminar may satisfy your state's legal or insurance continuing education requirements. GNOBFA complies with attendance verification requirements for continuing education programs. Complete credit listings and contact information can be viewed at www.gnobfa.com For further information, please contact any of the following Seminar Committee Members: Seminar Co-Directors: Alan Savoie – Phone: (504) 415-4191 – E-Mail: [email protected] Tommy Grantham – Phone: (225) 338-5903 – E-Mail: [email protected] Registration: Fred Renoudet – Phone: (504) 913-1791 – E-Mail: [email protected] Robin Rogers – Phone: (985) 248-0833 – E-Mail: [email protected] VISIT OUR WEB SITE AT WWW.GNOBFA.COM FOR SEMINAR UPDATES

PRESORTED FIRST CLASS U.S. POSTAGE P A I D NEW ORLEANS, LA PERMIT NO. 1028 39TH ANNUAL RIVER AND MARINE INDUSTRY SEMINAR Wednesday, April 26, 2023 Thursday, April 27, 2023 Friday, April 28, 2023 InterContinental New Orleans G.N.O.B.F.A. P. O. Box 232 Hahnville, LA 70057