2024 Agenda
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Day 1
March 6, 2024
Registration and Continental Breakfast
Justin SavagePartnerSidley Austin LLP
This opening session will detail the intersection of policy and automotive innovation. From the ripple effects of the CHIPS Act, to navigating turbulent supply chains, and the potential impact of political shifts on the horizon, this discussion will provide you with insights into the latest developments in politics, policy, regulation, and legislation shaping the automotive industry.
Topics of discussion will include:
- Detailing the direct effects on automotive semiconductor supply and how manufacturers can leverage new government incentives via the CHIPS Act
- Understanding the impact of the U.S. Infrastructure investment and Jobs Act on the auto industry, with a comparison to the European Union’s strategies such as the European Chips Act
- Evaluating the automotive implications of potential policy changes under a new administration, including trade agreements, environmental regulations, and manufacturing incentives
- Scrutinizing the advancement of emission standards under frameworks like the EU’s Fit for 55 and the U.S. EPA’s evolving regulations
- Addressing the implications of legislative measures such as the GDPR in Europe and proposed U.S. federal privacy laws on connected and autonomous vehicle technologies
Morning Networking Break
Carlos LazatinPartnerO’Melveny & Myers LLP
Terri ReiskinPartnerNelson Mullins Riley & Scarborough LLP
Jacqueline SeidelPartnerKing & Spalding LLP
Christopher DaltonShareholder, Class Actions Practice Group LeaderBuchanan
Michael GallubPartnerShook, Hardy & Bacon
Automotive innovation is accelerating at an unprecedented pace, and so is the complexity of the legal challenges accompanying this growth. This session will detail the latest developments in automotive product liability, class actions, and MDLs, offering deep insights and strategies to not only respond to these changes but to anticipate and prepare for the legal road ahead.
Topics of discussion will include:
- Identifying litigation trends influenced by new technologies and regulatory changes
- Developing strategies to proactively address litigation risks before they escalate
- Comparing the complexities of managing MDLs versus class actions across various jurisdictions
- Implementing effective approaches for streamlining proceedings and minimizing litigation exposure
- Exploring effective defense strategies and the role of expert witnesses in deconstructing class action claims
- Examining case studies where defense strategies and expert testimony have significantly influenced outcomes
- Analyzing recent case law and trends in class action settlements
- Piggy-backing Class Actions on Vehicle Recalls or Service Campaigns
- Ways to avoid or minimize piggy-backing class actions
- Rights and remedies of the OEN
- Law of prudential mootness and related defenses
- Strategies to combat and neutralize liability and damage theories
- Potential creative resolutions
Latest Technological Advancements and their Legal, Regulatory and Compliance Challenges Part I: Driving Automation Systems – Exploring Liabilities in ADAS Technology
Michael CarrollDirector, Associate General CounselSubaru of America Inc
Christie L. IannettaPartnerNelson Mullins Riley & Scarborough LLP
Michael CooneyMemberDykema Gossett PLLC
ADAS technology is rapidly advancing – with testing protocols, standards, and proposed regulations constantly in flux. Alongside the technical evolution, the legal ramifications of using and operating ADAS are also advancing.
Topics of discussion will include:
- Examining real-world ADAS accident investigation case studies
- Analyzing the current state of product liability litigation related to these technologies
- Examining the interplay between insurance dynamics and criminal liability
- Understanding how legislative policies frame liability
- Exploring the legalities of cybersecurity and privacy in ADAS
Networking Luncheon
Latest Technological Advancements and their Legal, Regulatory and Compliance Challenges Part II: The Legal and Regulatory Dynamics in Autonomous Vehicle Technology
David BonelliPartnerVenable LLP
Ryan HarringtonPrincipalExponent
Beth MykytiukAssociate General Counsel, Product & RegulatoryZoox
The landscape for autonomous vehicles remains without federal rules or regulations, leaving the legal implications for these vehicles open to interpretation and industry standards. Recent safety incidents have heightened the spotlight on this emerging technology, with many legal conundrums.
Topics of discussion will include:
- Highlighting the different approaches to this field across various states and jurisdictions
- Defining the legal guidelines and forecasting rules and regulations for autonomous vehicles
- Examining insurance and criminal liability in the AV context
- Conducting risk assessments for real world AV trials
- Anticipating what is on the federal horizon
Latest Technological Advancements and their Legal, Regulatory and Compliance Challenges Part III: Navigating the Legal and Regulatory Landscape of Electric Vehicles
Nicholas FaenzaSenior Managing EngineerExponent
Brian KapatkinAssistant General Counsel, Automotive Product Regulatory & LitigationVolkswagen Group of America, Inc.
Michael MallowManaging PartnerShook, Hardy & Bacon
- Exploring safety and environmental legislation affecting EV batteries, from production to end-of-life disposal and recycling
- Detailing how the Clean Air Act is impacting the development and adoption of EVs
- Analyzing the implications of the Corporate Average Fuel Economy (CAFE) Standards on fuel economy targets
- Assessing the implications of EV warranties, consumer rights, and how they’re governed by existing protections
- Understanding the legal implications of integrating ADAS and autonomous technologies in EVs
- Adapting to new insurance models and liability considerations unique to the EV landscape
Afternoon Networking Break
Deciphering Automotive Cybersecurity and Safe Data Protection: Legal Insights for In-House and Outside Counsel
Steven WernikoffPartner
Co-Leader, Data Privacy and Cyber Security Group
Co-Leader Autonomous Vehicles Group
Honigman LLP
Michelle La CountProject Director, Client ServicesEpiq Global
Chris NalevankoGeneral CounselZoox
- Examining vehicle manufacturers use of data acquisition and how the auto industry can safeguard data privacy
- Anticipating ways in which insurance companies are acquiring data and how those impacts privacy considerations and payouts
- Interpreting current state laws related to submission of data by OEMs
- Class actions and product liability cases based on cyber security issues
Closing Remarks from the Chairs and Conference Adjourns to Day 2
Day 2
March 7, 2024
Registration and Continental Breakfast
Automotive Manufacturers In-House Counsel Think Tank: Managing Litigation, Containing Costs and Achieving Resolution
Jay GoldbaumDeputy General CounselThe Shyft Group
Brittany WilsonCorporate Counsel - LitigationMercedes-Benz USA
Ryan McCarthyDeputy General Counsel, Product LitigationTesla
Steven GreyChief Counsel - Product LegalIsuzu North America Corporation
Jeff PattersonPartnerBowman and Brooke LLP
Join us for this in-house meeting of the minds, where counsel from leading automotive manufacturers will discuss their day-to-day litigation management challenges as well what keeps them up at night.
Points of discussion will include:
- Exploring strategies for efficient litigation management tailored to the auto industry
- Discussing innovative approaches to cost containment in legal operations
- Identifying key factors for successful dispute resolution and settlement negotiations
- Examining the role of in-house counsel in steering company-wide litigation risk mitigation
Hon. David LawsonUS District Court JudgeEastern District of Michigan
Hon. Jose Linares (Ret.)Partner, McCarter & English US District Court Chief Judge, District of New Jersey
Neal WaltersPartnerBallard Spahr
Morning Networking Break
Leah R. ImbrognoPartnerFoley & Lardner LLP
Daniel RustmannCo‑Chair, Global Automotive PracticeButzel
The modern auto industry operates globally on a “just in time” model, meaning little inventory is maintained, and goods are received just as they are needed at the manufacturing or assembly point. While this lean method saves costs, it leaves the industry highly vulnerable to supply chain disruptions. Assembly line shutdowns result in millions of dollars per day in lost profits, and the costs of expedited shipments and similar measures to avoid shutdowns are very expensive in themselves and present frequent points of contention throughout the supply chain. Further, disrupting the manufacturing process can result in quality issues. The unrelenting cascade of supply chain disruptions over recent years – from pandemic shutdowns and other natural disasters, to semiconductor shortages, logistical bottlenecks, and economically motivated supplier delivery stoppages – have strained the system enormously and kept automotive buyers, sellers, and their lawyers up many a late night.
This session will explore:
- Recent developments in supplier injunction, force majeure, and related commercial litigation and suggest contracting practices and related techniques to help mitigate the risks of supply chain disruptions.
Personal Jurisdiction and Legal Standing: Recent Developments and Responding to the Change in Landscape Following the Supreme Court’s Mallory and Ford Decisions
David RicePartnerSquire Patton Boggs
- Reviewing recent court decisions affecting personal jurisdiction in automotive cases in the wake of Mallory and Ford
- Reviewing strategic and other considerations in mounting a jurisdictional defense
- Understanding differences regarding foreign vs. domestic EOMs
- Standing matters in automotive cases (products liability and class actions) including cyber/data breach cases
Networking Luncheon
Robert ShieldsPartnerWilson Turner Kosmo LLP
Nicholas C. JohnsonSenior Counsel, Breach of Warranty & Single IncidentsVolkswagen Group of America, Inc.
Basheer GhorayebManaging Counsel, Business Litigation and Warranty/Lemon LawToyota Motor North America, Inc.
This presentation will highlight the increasing threat that warranty and lemon law litigation poses to auto manufacturers and address key trends, including litigation involving corporate policies, class action type discovery, attorney fees issues, and fraud and punitive damage claims. This panel will present strategies to reduce the number of lawsuits filed and efforts to handle matters quickly.
- Navigating warranty, recall, and pricing disputes between OEMs and suppliers
James DenvilPartner, Global RegulatoryHogan Lovells
Emily TaitPartnerJones Day
There are many complexities in developing all the enablement’s to support a driverless car ecosystem, including balancing sensor-based hardware and AI software in outdoor environments that are under constant change. In addition, surface logistics, new regulatory and monitoring controls, and of course AI software ethical guidelines to govern the operational risks and decisions that a driverless car would need to navigate, if no humans were on board.
In this session, topics of discussion will include:
- Uncovering the intricacies of vehicle data privacy
- Addressing who owns and controls the ever-growing stream of automotive data
- Understanding the importance of transparency in the utilization of vehicle data and the implications for end-user risk awareness
- Detailing accountability for autonomous vehicle technology, especially when errors lead to accidents
- Examining the ethical framework guiding autonomous vehicles’ decision-making processes in critical situations
- Assessing the environmental and employment impacts of shifting towards a driverless car-dominated future