Automotive Litigation, Regulation, and Innovation Summit

Following the inauguration of a new presidential administration this January, hear from former NHTSA administrator Jacqueline Glassman in a one-on-one discussion about current enforcement priorities, critical areas of concern, and the upcoming legislative initiatives shaping the automotive landscape. Gain first-hand insights into the key regulatory trends automakers and their counsel must consider, ensuring compliance and mitigating risk as the industry continues to evolve with new technologies and safety standards. This interview will provide actionable intelligence for overcoming regulatory burdens.

A recent survey conducted by J.D. Power has found that 12.8% of total new vehicle issues come from Automated Driver Assistance Systems (ADAS). As ADAS and other autonomous vehicle technologies become more and more ubiquitous, new concerns will arise regarding liability, regulations, compliance, and consumer safety.

Topics of discussion will include:

• Assessing the current landscape of ADAS and automated technologies
• Addressing performance, messaging, and litigation issues regarding autonomous vehicles, features, and emerging litigation, plaintiffs’ theories of liability, and defense strategies
• Federal Motor Vehicle Safety Standard guidelines (FMVSS) and ADAS features
• Evaluating the impact of NHTSA’s consent order on AV regulation and related penalties following the Cruise pedestrian matter
• Anticipating new standards in the AV space coming from NHTSA and other regulatory agencies
• Understanding contributory negligence in the context of AVs ADAS

Lemon Law litigation is a continuing significant issue for U.S. automakers, especially with evolving interpretations and potential liabilities and costs in states like California. This session will cover recent legal changes and offer strategies for compliance and defense.

Topics of discussion will include:

• Assessing the impact of California’s recent lemon law developments, both legislative and judicial
• Understanding contractual implications on jurisdiction in litigation and arbitration
• Drafting protective documents (warranties, terms, policies)
• Defending against overreaching and unduly burdensome discovery tactics and attempts to multiply the litigation proceedings to run up fees and costs
• Managing attorney’s fees and punitive damage claims
• Resolving OEM-supplier disputes on warranties and recalls

Product liability remains a hot bed of activity in the automotive world, and rapidly evolving technologies have offered new avenues for litigation to emerge. Furthermore, as automobiles become more and more digital, there is an increased focus on Advanced Driver-Assistance Systems (ADAS).

Topics of discussion will include:

• Summary recent automotive product liability verdicts and trends
• Runaway and “nuclear” verdicts and strategies around damages anchoring
• Considerations for defending novel ADAS theories of liability

In December 2024 the National Highway Traffic Safety Administration finalized a new rule formalizing a whistleblower program, fulfilling a requirement in the Motor Vehicle Safety Whistleblower Act of 2015. NHTSA’s program is modeled after similar programs from other federal agencies including the Dept. of Justice and the SEC. Though the rules were just finalized, the program has been active and saw its first whistleblower reward of $24 million issued in 2021. With enacting rules now in place and 300 whistleblower tips reportedly submitted to NHTSA since the start of the program, both in-house attorneys and their law firm counterparts must be aware of the implications and impacts of this program on internal compliance strategies.

This session will discuss:

• The timeline of the whistleblower program, including the history of rewards issued to date
• The implications and promulgation of new regulations
• Corporate risks Whistleblowers may create through utilization of these programs
• Compliance and response strategies to handle whistleblower complaints internally, reducing employee desire to go external
• Reviewing the recent use of the False Claims Act by Attorneys General to hold automotive companies accountable
• A case study of California’s use of its False Claims Act in United States v. Hino Motors, Ltd.

This two-part series will explore the most pressing concerns in automotive class action and MDL litigation, offering practical strategies for defense. Together, these sessions will equip attendees with the insights needed to tackle complex litigation from every angle.

Part 1 – Exploring the Latest Strategies in Automotive Class Action Defense

Topics of discussion will include:

• Updates on recent legal developments including motions to dismiss, class discovery and class certification
• Identifying and developing mechanisms for internal recognition of problem trends and ways to avoid class actions before they begin
• Preventing suits rooted in hybrid vehicle fuel economy
• Reviewing the following cases from the Sixth Circuit:
  • Speerly, et al. v. General Motors, LLC
  • Andrei Fenner, et al v. General Motors, LLC, et al

Class actions are high-stakes cases, sometimes involving millions of vehicle purchasers. In this interactive session, leaders from the US and Canada will discuss:

• Effective ways to try class actions
• Winning litigation and trial strategies
• The interplay between and strategies for trying “class” issues and “merits” issues
• The impact of data privacy settlements on the automotive industry
• Reliability of data
• Settlement class definition ambiguities, possibilities for decertification of the class(es) during or after trial, and challenges with claim validation
• Unique experiences and war stories
• How to overcome unique hurdles posed by anti-automotive biases in the courtroom

As automotive technology evolves, and vehicles gather more user data, privacy and security concerns grow. This two-part series will focus on key areas of vulnerability and critical strategies to protect both customer data and your company’s reputation in the face of rising risks from connected vehicles.

For a deeper dive into maintaining cyber-security and data privacy, please join us for our pre-conference workshop Neighborhood Watch: A Deep Dive into Maintaining Cyber-Security and Data Privacy in a Technology-Centered World on March 17 at 1:00 pm.

Part 1 – Protecting Privacy

Topics of discussion will include:

• Protecting the privacy of data gathered and used in automobiles, including:
  • User biometrics
  • Location data acquired from GPS systems
• Monitoring state laws including California Senate Bill No. 1394 restricting access to connected vehicle services
• Analyzing the FCC’s proposed rule to ensure car manufacturers are assisting abuse survivors by protecting data
• Observing the use of driving data by companies like LexisNexis in personalized insurance pricing
• Understanding bystander privacy implicated by monitoring and recording devices embedded in automotive technologies

Topics of discussion will include:

• Protecting against automotive cyberattacks and the liabilities therefrom
• Identifying wireless and wired entry points into vehicles
• Exploring intelligence and information sharing across the industry
• Reviewing current NHTSA efforts in shoring up cybersecurity
• Assessing the Department of Commerce’s proposed rule to secure connected vehicle supply chains from foreign adversary threats

The automotive supply chain, heavily impacted by COVID-19, continues to face new challenges. This panel will address ongoing issues like global bottlenecks, evolving regulations, and strategies for mitigating future disruptions.

Topics of discussion include:

• Addressing international supply chain challenges:
  • Limiting reliance on Chinese manufacturing
  • Ensuring compliance with forced labor laws across the supply chain
  • Securing cyber and data protection for technologies from countries of concern
• Assessing the impact of the US-Mexico-Canada Agreement and the upcoming substance review thereof
• Understanding union activity and evolving labor and employment laws in the automotive industry