Automated/Autonomous Driving Systems (ADS) Innovation Boot Camp for Automotive Product Liability Litigators

Jul 18, 2018 2:00pm - 5:00pm

Speakers

Timothy H. Goodman
Shareholder
Babst Calland (Washington, DC)

Bert Kaufman
Head of Corporate and Regulatory Affairs
Zoox Inc. (Menlo Park, CA)

Elizabeth Mykytiuk
Assistant General Counsel, Automotive Product Regulatory & Litigation
Volkswagen Group of America (Herndon, VA)

William L. Godfrey
Director, Mobility, Automation and Safety
Babst Calland (Washington, DC)

Day 1 - Thursday, July 19, 2018

7:45
Registration & Continental Breakfast
8:45
Co-Chairs’ Opening Remarks
9:00
Fireside Chat with NHTSA
9:45
Managing Product Liability Litigation in the Automotive and Manufacturing Sectors: Legalities and Economic Realities
11:00
Morning Coffee Break
11:15
Emerging Doctrines of Jurisdiction and Their Impact on Automotive Product Liability Litigation: The Aftermath Bristol- Myers Squibb and BNSF Railway
12:15
Networking Luncheon
1:15

SPOTLIGHT ON AUTONOMOUS VEHICLES

Examining Pending Legislation and Proposed Regulatory Initiatives for the Self Driving Car
2:15

SPOTLIGHT ON AUTONOMOUS VEHICLES

Autonomous Vehicles and The Rough Road Ahead for the Defense Bar: Potential Exposures for Tech Suppliers and Auto Manufacturers
3:15
Afternoon Refreshment Break
3:30

SPOTLIGHT ON AUTONOMOUS VEHICLES

Cybersecurity Vulnerabilities for the Self-Driving Car: Vehicle-to- Vehicle Interconnectivity and Associated Risks
4:30
View from the Bench: Judicial Perspectives on the Automotive Product Liability Landscape
5:30
Conference Adjourns to Day Two

Day 2 - Friday, July 20, 2018

8:00
Continental Breakfast
8:45
Co-Chairs’ Opening Remarks and Recap of Day One
9:00
Re-Assessing Automotive Product Liability Class Actions, Multidistrict Litigation and Class Settlements in the Wake of In Re Hyundai and Kia Fuel Econ. Litigation
10:15
Morning Coffee Break
10:30
Daubert and Frye Challenges to Expert Witnesses in Automotive Product Liability Litigation
11:00
Defending Traditional Automotive Product Defect Actions in 2018 and Beyond: Spotlight on Roof Strength, Seat Back Deformities and Ejection Mitigation Theories
12:00
Networking Luncheon
1:15
Insuring the Future of Mobility: The Insurance Industry’s Role in the Evolving Transportation Ecosystem
2:00
Afternoon Refreshment Break
2:15
ETHICS LAB: Representing Multiple Defendants in the Same Automotive Product Liability Litigation
3:15
Conference Concludes

Day 1 - Thursday, July 19, 2018

7:45
Registration & Continental Breakfast
8:45
Co-Chairs’ Opening Remarks

Halli D. Cohn
Partner
Troutman Sanders LLP (Atlanta, GA)

John Isaac Southerland
Partner
Huie, Fernambucq & Stewart, LLP (Birmingham, AL)

9:00
Fireside Chat with NHTSA

Erika Z. Jones
Partner
Mayer Brown LLP (Washington, DC)

Emily Su
Assistant Chief Counsel for Litigation and Enforcement
National Highway Traffic Safety Administration (Washington, DC)

NHTSA’s mission is to save lives, prevent injuries, and reduce economic costs due to road traffic crashes. The agency pursues this mission through education, research, safety standards, and enforcement. This session will highlight current initiatives and offer solutions for compliance management of innovative and existing technologies to ensure that compliance requirements for vehicles and supplies parts are met.

9:45
Managing Product Liability Litigation in the Automotive and Manufacturing Sectors: Legalities and Economic Realities

Brian Baggot
Senior Staff Counsel for Automotive Product Litigation
FCA Chrysler Automobiles (Auburn Hills, MI)

Michael R. Carroll
Assistant General Counsel
Subaru of America, Inc. (Cherry Hill, NJ)

Tammy L. Fanning
Global Head of Law Product Liability/Product Integrity
Continental (Fort Mill, SC)

Donald R. Parshall Jr.
Senior Counsel
Nissan North America (Farmington Hills, MI)

Ryan A. Polkowski
Senior Products Counsel
Harley-Davidson Motor Company (Wauwatosa, WI)

Moderator:

Thomas Branigan
Managing Partner
Bowman and Brooke LLP (Detroit, MI)

Seasoned corporate counsel for the automotive industry will discuss how they manage automotive product liability claims and class actions as well as how they determine trial candidacy. These in-house attorneys will categorize the obstacles to resolving such complex challenges and also evaluate the economic considerations prior to trial. Points of discussion will include:

  • Examining time lines and protocols which corporate counsel use to manage product liability and related class actions
  • Reviewing compliance challenges associated with NHTSA guidance
  • Selecting and working with outside counsel
  • Achieving efficiencies with reduced budgets and smaller staffs

11:00
Morning Coffee Break
11:15
Emerging Doctrines of Jurisdiction and Their Impact on Automotive Product Liability Litigation: The Aftermath Bristol- Myers Squibb and BNSF Railway

Theresa Wardon Benz
Partner
Wheeler Trigg O’Donnell LLP (Denver, CO)

Halli D. Cohn
Partner
Troutman Sanders LLP (Atlanta, GA)

Kara F. Kennedy
Counsel
Alston & Bird LLP (Atlanta, GA)

Paul E Wojcicki
Shareholder
Segal McCambridge Singer & Mahoney, Ltd. (Chicago, IL)

Last spring, the Supreme Court issued a pair of decisions which addressed the principles of jurisdiction. This panel will examine and consider the consequences of these landmark decisions. Points of discussion will include:

  • Reviewing the Supreme Court’s decisions in Daimler and Goodyear, and more recently BMS and BNSF and their collective impact on personal jurisdiction claims
  • Establishing jurisdiction and venue in consideration of where the event occurred/exposure took place and where defendant is located
  • Examining the Federal Circuit’s recent rulings on District Court interpretations on these Supreme Court cases
  • Determining venue and personal jurisdiction challenges when one party claims there were multiple exposure sites
  • Understanding the recent flurry of plaintiffs re-filing actions in anticipation of cases being dismissed for failure to establish venue or personal jurisdiction

12:15
Networking Luncheon
1:15

SPOTLIGHT ON AUTONOMOUS VEHICLES

Examining Pending Legislation and Proposed Regulatory Initiatives for the Self Driving Car

Keith Benjamin
Global Legal Director
Jaguar and Land Rover (Coventry, UK)

Alan L. DeGraw
Senior Counsel
FCA US LLC (Auburn Hills, MI)

Molly E. Meacham
Shareholder
Babst Calland (Pittsburgh, PA)

While manufacturers of autonomous vehicles race to the marketplace, incidents of malfunction ripped from the headlines, signal a need for restraint and reconsideration. Technology is advancing at a rate beyond anticipation and the automotive industry is left struggling with the pace and unintended consequences of its own conceptions. This session will examine the technology under the hood and consider the future of driverless vehicles in view of pending legislation and policy initiatives. Points of discussion will include:

  • Reviewing Senate Bill S.1885 (115) that would necessitate education programs for the owners of autonomous vehicles
    • Examining state legislation impacting driverless vehicles
  • Exploring how states are regulating autonomous vehicles
  • Addressing how policy makers and the public will respond to this technology

2:15

SPOTLIGHT ON AUTONOMOUS VEHICLES

Autonomous Vehicles and The Rough Road Ahead for the Defense Bar: Potential Exposures for Tech Suppliers and Auto Manufacturers

Michael P. Cooney
Member
Dykema Gossett PLLC (Detroit, MI)

H. Grant Law
Partner
Shook, Hardy & Bacon L.L.P. (San Francisco, CA)

Katherine Halpin Moor
Counsel, Product Litigation
General Motors (Detroit, MI)

Auto experts forecast that within the next five years, we will be sharing the road with autonomous vehicles on a daily basis. In theory, vehicular automation is intended to increase safety by eliminating the human error component that causes most accidents.

However, in practice, the prospect of every OEM developing an autonomous vehicle does not come without concerns, especially as it relates to automotive product liability. Warnings and instructions with respect to the transition toward full automation will be critical. In addition, the change from the point of sale to the point of use in a ride hailing environment will create an entirely new class of UCC and warranty issues.

A pressing question at the top of the industry’s mind is undoubtedly, “what does the future hold in terms of personal injury liability, and who is to blame in the event of a self-driving vehicle crash?” This session will consider liability attributed to the driver when the mechanics fail, and more enigmatically, how vehicle fault will actually be determined.

  • Determining fault and responsibility in a collision involving an AV
  • Awaiting the liability shift from driver to manufacturer
  • Examining the case for using explicit or implicit preemption to protect developers and manufacturers from litigation

3:15
Afternoon Refreshment Break
3:30

SPOTLIGHT ON AUTONOMOUS VEHICLES

Cybersecurity Vulnerabilities for the Self-Driving Car: Vehicle-to- Vehicle Interconnectivity and Associated Risks

William E. McDonald, III
Partner
Bush Seyferth & Paige PLLC (Troy, MI)

Nick Jaramillo
Attorney, Cloud Computing, Technology & Commercial Transactions
Microsoft (Chicago, IL)

Once autonomous vehicles hit the road on a wide-scale, they will be an alluring target for hackers. For these cars to be able to self-drive, they have to be able to communicate with each other and the roadway. To accomplish this, driverless cars have multiple avenues of negotiation with each other and the roads they traverse, and less oversight from a human operator to correct any errors. The constant machine-to-machine communications present an infinite number of fundamental security risks that manufacturers will have to address. Moreover, the need for rolling software updates will have to be sent out and installed in a manner that diminishes any cybersecurity risks. This session will consider what requirements for connectivity exist currently under the present regulatory scheme and prevailing industry standards.

  • Anticipating the regulations to address the protection of personal privacy in AV technologies
  • Considering the data that onboard computers collect
  • Understanding the modern technological vulnerabilities and hacking capabilities

4:30
View from the Bench: Judicial Perspectives on the Automotive Product Liability Landscape

Honorable Ruben Castillo
Chief Judge
Northern District of Illinois (Chicago, IL)

Honorable Nannette A. Baker
Chief Magistrate Judge
Eastern District of Missouri (Saint Louis, MO)

Honorable Anthony J. Mohr
Superior Court Judge
Los Angeles County (Los Angeles, CA)

Moderator:

Alexander G. Calfo
Partner
King & Spalding LLP (Los Angeles, CA)

Distinguished jurists with some of the liveliest automotive litigation dockets in the country will examine decision-making practices employed by the judicial system and provide sage advice for both in-house attorneys and their outside counsel. These judges will identify the impediments to resolving such multifaceted contests and provide you with solutions to your most unyielding predicaments.

5:30
Conference Adjourns to Day Two

Day 2 - Friday, July 20, 2018

8:00
Continental Breakfast
8:45
Co-Chairs’ Opening Remarks and Recap of Day One

Halli D. Cohn
Partner
Troutman Sanders LLP (Atlanta, GA)

John Isaac Southerland
Partner
Huie, Fernambucq & Stewart, LLP (Birmingham, AL)

9:00
Re-Assessing Automotive Product Liability Class Actions, Multidistrict Litigation and Class Settlements in the Wake of In Re Hyundai and Kia Fuel Econ. Litigation

Shankar Duraiswamy
Partner
Covington & Burling LLP (Washington, DC)

Michael B. Gallub
Member
Herzfeld & Rubin, P.C. (New York, NY)

Neal Walters
Partner
Ballard Spahr LLP (Cherry Hill, NJ)

The court approval requirements for class action and multidistrict litigation (MDL) settlements may present substantial challenges. In a surprising ruling, the United States Court of Appeals for the Ninth Circuit in In re Hyundai has questioned certification of a national class for settlement purposes. Moreover, the court approval requirements for class action and multidistrict litigation (MDL) settlements may present substantial challenges. The panel will address these developments, trending class action challenges and the uncertainty of settling national classes.

10:15
Morning Coffee Break
10:30
Daubert and Frye Challenges to Expert Witnesses in Automotive Product Liability Litigation

John Isaac Southerland
Partner
Huie, Fernambucq & Stewart, LLP (Birmingham, AL)

Jason Erb
Assistant General Counsel
Hyundai Motor America (Fountain Valley, CA)

Dustin A. Lane
Corporate Counsel - Automotive Product Liability, North America Office of the General Counsel
VOLKSWAGEN Group of America, Inc.

The outcome of many automotive product liability cases hinges on expert witness testimony. As the technological components embedded in the vehicles evolve, questions arise as to whether or not an expert in an automotive product liability case is basing his conclusions on valid methodologies. Thus, the importance of succeeding in executing and defending against Daubert and Frye challenges cannot be ignored. This session will provide proven strategies for:

  • Identifying when a Daubert challenge is needed
  • Adequately preparing to execute a Daubert challenge
    • Modulating the extent of the Daubert challenge to suit your case
    • Minimizing the chance of a backfire by the opposing party
  • Defending against and withstanding a Frye challenge made against your own expert
  • Defeating a Frye challenge before it is even raised
  • Ensuring that your expert’s testimony remains within the scope of his specialty
  • Preparing for the hearing with the opposing party’s objections in mind

11:00
Defending Traditional Automotive Product Defect Actions in 2018 and Beyond: Spotlight on Roof Strength, Seat Back Deformities and Ejection Mitigation Theories

Jodi Dyan Oley
Member
Eckert Seamans Cherin & Mellott, LLC (Philadelphia, PA)

Thomas N. Vanderford Jr.
Associate General Counsel
Hyundai Motor America (Fountain Valley, CA)

Gary Wolensky
Shareholder
Buchalter, PC (Orange County, CA)

While the industry has seen a substantial decline in individual products liability cases due to the costs associated with these actions, there are certain claims that refuse to go away. This session will highlight three such claims that have been filling the dockets for the past year. Points of discussion will include:

  • Defending cases involving rollover crashes and claims related to occupant protection and ejection mitigation
  • Contending with novel claims evolving from rear-impact cases where occupants sustain injuries stemming from the deformation of passenger seats
  • Reviewing roof crush resistance ratings

12:00
Networking Luncheon
1:15
Insuring the Future of Mobility: The Insurance Industry’s Role in the Evolving Transportation Ecosystem

James E. Mostofi
President of U.S. Warranty Division
AIG Property Casualty Inc. (New York, NY)

If people stop driving, what will auto insurers, insure? The rise of ridesharing and autonomous cars—as part of the new mobility ecosystem—means that the insurance industry needs to reconsider its time-honored business model. While some revenue streams will likely dry up, new ones are beginning to flow. At the time of press, the auto industry desperately awaits movement on Senate Bill S. 1885 (115) that could reset rules on registration, licensing, liability, and insurance. What remains to be seen absent legislation is who will be responsible for insuring these vehicles. This conundrum has afforded insurance stakeholders with an opportunity to create new ownership models to prepare for the ambiguous future.

  • Ensuring that policyholders are cautious about gaps in coverage as the marketplace advances
  • Investing in telematics technology to amass proprietary data generated by AV
  • Meeting the increased call for product liability for sensors and software algorithms, cybersecurity insurance and infrastructure systems including servers that monitor road conditions

2:00
Afternoon Refreshment Break
2:15
ETHICS LAB: Representing Multiple Defendants in the Same Automotive Product Liability Litigation

Tia Ghattas
Shareholder
Cozen O'Connor (Chicago, IL)

Matthew P. Walsh II
Partner
Hinshaw & Culbertson LLP (Chicago, IL)

There are many reasons for one attorney/firm to represent multiple defendants in an automotive products liability litigation. And, there are times that dual representation provides litigation strategies that would not otherwise be available. Before taking on multiple clients, however, an attorney must evaluate whether there is a conflict, and if so, whether the conflict can be addressed or if separate counsel needs to be retained.

These conundrums are often akin to the “Two of Utes” depiction from “My Cousin Vinny”. Can you adequately, and ethically represent each defendant in automotive product liability litigation?

This presentation will consider the potential ethical dilemmas that arise when representing multiple defendants in the same automotive case. Further, it will address the Model ABA rules as well as a discussion on the more complex issues facing defendants in automotive product liability actions.

3:15
Conference Concludes

Automated/Autonomous Driving Systems (ADS) Innovation Boot Camp for Automotive Product Liability Litigators

Jul 18, 2018 2:00pm - 5:00pm

$600

Speakers

Timothy H. Goodman
Shareholder
Babst Calland (Washington, DC)

Bert Kaufman
Head of Corporate and Regulatory Affairs
Zoox Inc. (Menlo Park, CA)

Elizabeth Mykytiuk
Assistant General Counsel, Automotive Product Regulatory & Litigation
Volkswagen Group of America (Herndon, VA)

William L. Godfrey
Director, Mobility, Automation and Safety
Babst Calland (Washington, DC)

What is it about?

(Registration begins at 1:00 PM)

Automotive experts forecast that within the next five years, we will be sharing the road with automated/autonomous vehicles on a daily basis. In theory, vehicular automation is intended to increase safety by eliminating the human error component that causes most accidents. However, in practice, the prospect of every OEM developing an autonomous vehicle does not come without concerns, especially relative to automotive product liability.

Despite the intended consequences of autonomous vehicles, there are certain outcomes that are leaving members of the legal community scratching their heads.

Join attorneys and technical specialists who are helping shape ADS policy in the mobility, transport and safety space. This workshop will provide insights into this technology, along with the legal and regulatory ramifications. Points of discussion, among other things, will include:

  • SAE levels of driving automation
  • ADS systems, sensors, connectivity, architecture and related issues
  • ADS and self-certification of applicable federal safety standards
  • Homologation and regulatory compliance challenges
  • Innovative mobility and safety approaches
  • Best practices and emerging trends
  • Recent legislative and regulatory developments