Attorney, Peter Sacopulos, was a presenter at the 37th Annual National Conference on Equine Law. This conference was sponsored by the University of Kentucky and is held annually in Lexington, Kentucky. Mr. Sacopulos’ s presentation was: “The Horse Racing and Safety Act- Litigation Update”. Mr. Sacopulos presented to more than a hundred equine practitioners from more than thirty different states, as well as from Canada and the Netherlands.
Mr. Sacopulos is national counsel for the North American Association of Racetrack Veterinarians (NAARV) and authored an Amicus Brief on behalf of his client in connection with the constitutional challenge that is pending before the Fifth Circuit Court of Appeals in New Orleans, Louisiana. As part of his presentation, Mr. Sacopulos outlined the constitutional challenges to the Horseracing Integrity and Safety Act which include the following: 1.) That HISA violates the Non-Delegation Doctrine of the United States Constitution, 2.) That HISA violates the Due Process Clause of the United States Constitution, 3.) That HISA violates the Appointment Clause of the United States, 4.) That HISA violates rules prohibiting Anti-Commandeering, 5.) HISA’s enforcement mechanism and the Authority’s enforcement rules violate the Seventh Amendment by forgoing a jury trial for monetary penalties, 6.) HISA violates Article III of the United States Constitution because it calls for the adjudication of claims to be done via an administrative process without a jury trial or a de novo factual review by a politically insulated and neutral federal judge, 7.) HISA authorizes search and seizure powers outside the scope of the Act and in violation of the Fourth Amendment, and 8.) HISA violates the Administrative Procedures Acts by calling for the adjudication of claims to be done via an administrative process without a jury trial or a de novo factual review by a politically insulated and neutral federal judge.
In addition, he provided a litigation update for the six constitutional challenges that are pending in four different federal circuits, those being the Fifth, Sixth, Eighth and Tenth.
Mr. Sacopulos continues to be actively involved in representing clients in connection with the constitutional challenges to this newly enacted federal legislation that governs thoroughbred racing.
Presented by the University of Kentucky Rosenberg College of Law
Sponsored by the American College of Equine Attorneys, Dean Dorton, KBA Equine Law Section, Robson Forensic and U.S. Equestrian.
PROGRAM OBJECTIVE
The objective of this conference is to convey an understanding of current legal issues affecting breeding, buying, selling, ownership interests, racing, and other business operations of the horse industry. It is designed for attorneys who counsel, represent, or litigate on behalf of buyers, sellers, breeders, brokers, owners of interests in horses, and other entities involved with the industry.
This Conference is open to the public. Individuals with experience in the horse industry will find the sessions useful and informative.
Agenda:
WEDNESDAY, MAY 3, 2023
- 7:30 a.m. Registration Table Opens/Continental Breakfast – Sponsored by the KBA Equine Law Section
- 8:20 a.m. Welcome and Announcements – W. Craig Robertson III, Conference Chair, Wyatt Tarrant & Combs LLP, Lexington, Kentucky
- 8:30 a.m. Annual Case Law Update for the Equine Law Attorney – Krysia C. Nelson, Attorney at Law, Keswick, Virginia; Samuel W. Silver, Schnader, Harrison Segal & Lewis LLP, Philadelphia, Pennsylvania
- 9:30 a.m. The New HISA Anti-Doping and Controlled Medication Program and Its Arbitration Process – Michelle Pujals, HISA Horseracing Integrity & Welfare Unit, Pittsburgh, Pennsylvania
- 10:20 a.m. Morning Break
- 10:40 a.m. Group Ownership Issues in the Equine Industry – Walter S. Robertson, Stites & Harbison PLLC, Lexington, Kentucky; Alison M. Zeitlin, Stites & Harbison PLLC, Lexington, Kentucky
- 11:40 a.m. Luncheon Sponsored by Robson Forensic – Luncheon Presentation: Why Is the FEI Worried About Equestrian Sport’s Social License to Operate? – Dr. Camie Heleski, UK Equine Programs, Lexington, Kentucky; NB: Not for CLE credit. Presentation will not be livestreamed. Presentation followed by KBA Equine Law Section Meeting, NB: Not for CLE credit.
- 1:10 p.m. Abandoned Horses: What’s a Lawyer to Do? – Bruce R. Smith, The Law Office of Bruce R. Smith PLLC, Middleburg, Virginia
- 1:55 p.m. Real World Tax Questions and Answers for the Equine Client – Melissa Hicks, CPA, Dean Dorton, Louisville, Kentucky; Erica Horn, CPA, JD, Dean Dorton, Lexington, Kentucky
- 2:45 p.m. Afternoon Break
- 3:05 p.m. Legal Ethics in Your Communications Outside of Court – Sponsored by the American College of Equine Attorneys – Amanda S. Luby, CaptiveOne, Wellington, Florida
- 4:05 p.m. How to Effectively Engage Legislators on Equine Public Policy – Jim Ritchie, Ritchie & Associates LLC, Spartanburg, South Carolina
- 4:55 p.m. Recess Conference
- 5:00 p.m. Cocktail & Networking Reception Sponsored by Dean Dorton
THURSDAY, MAY 4, 2023
- 8:00 a.m. Continental Breakfast Sponsored by US Equestrian
- 8:20 a.m. Annual Federal Legislative Update for the Equine Law Attorney – Julie M. Broadway, American Horse Council, Washington, D.C.
- 9:05 a.m. Advising Equine Clients on Risk Management – Julie I. Fershtman, Foster, Swift, Collins & Smith, P.C., Southfield, Michigan
- 10:05 a.m. Morning Break
- 10:25 a.m. Horse Integrity Safety Act: Litigation Update – Peter J. Sacopulos, Sacopulos Law Firm, Terre Haute, Indiana
- 11:10 a.m. The Jockey Club – Legal Issues & Administrative Update – Kristin Werner, The Jockey Club, Lexington, Kentucky
- 11:50 a.m. Trademark Litigation in the Equine Industry – Rodman Law, Greenberg Traurig, LLP, Florham Park, New Jersey; Michael A. Nicodema, Greenberg Traurig, LLP, West Palm Beach, Florida
- 12:35 p.m. Luncheon – Luncheon Presentation: Qualifying Horses and Riders for the Olympics – Armand Leone, Jr., M.D., J.D., MBA, Britcher, Leone & Sergio, LLC, Glen Rock, New Jersey. NB: Not for CLE credit. Presentation will not be livestreamed.
- 2:00 p.m. Equine Law Legal Ethics: Joint Representation Issues – Margaret M. Christensen, Dentons Bingham Greenebaum LLP, Indianapolis, Indiana
- 3:00 p.m. What Every Equine Lawyer Needs to Know About Conservation Easements – Ashley Greathouse, Bluegrass Land Conservancy, Lexington, Kentucky
- 3:45 p.m. Afternoon Break
- 4:00 p.m. Short Takes on Hot Topics in the Equine Industry – Alison M. Zeitlin, Stites & Harbison PLLC, Lexington, Kentucky; Emily A. Daunhauer, Dinsmore & Shohl LLP, Louisville, Kentucky; Thomas E. Travis, Wyatt Tarrant & Combs LLP, Lexington, Kentucky
- 5:00 p.m. Adjourn Conference
Click here for more information (including a detailed agenda) and a printable PDF of the 37th Annual National Conference on Equine Law brochure.
