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Automotive and Trucking

Overview

Whether experiencing accelerated growth or adapting to a changing marketplace, the automotive and trucking industry remains a key driver of the global economy. In today’s highly competitive and regulated market, suppliers, original equipment manufacturers (OEMs), and other auto companies face an increasing range of challenges: 

  • Protection and enforcement of intellectual property and trade secrets
  • Compliance enforcement efforts and scrutiny
  • Strict safety and emissions standards
  • Pressure from individual and allied competitors
  • Supply chain management issues
  • New markets that are both complex and well defended
  • Shrinking timeframes for contracting and crisis responses

Crowell & Moring's automotive and trucking industry experience includes cross-disciplinary, full-service legal counsel that helps domestic and international industry clients address these and other significant challenges, and exploit emerging opportunities to their fullest extent. We provide effective guidance where business strategies and legal solutions intersect, including providing regulatory counseling with respect to environmental, labor, product safety, intellectual property, and international trade issues; negotiating key vendor, union, employment, and government contracts; managing crises and public relations concerns; resolving disputes with customers, industry participants, and regulatory agencies; obtaining patent and other intellectual property rights to protect research and development investment; and serving as lead counsel in high-profile litigation.

We follow a practical, lifecycle approach to resolving client issues and offer a full suite of counseling and litigation services. These include advice on lobbying, design compliance, patent protection, labeling, warnings, warranties, recalls, safety, contracts, and dispute resolution at trial and in arbitration and mediation. Our group integrates members of the firm’s antitrust, environmental, government contracts, intellectual property, international trade, labor and employment, product risk management, torts, trade associations, and trade secrets teams to provide end-to-end advice on virtually any issue facing the automotive and trucking industries.  

As trial lawyers, we represent clients in state and federal courts across the country and before agencies such as the National Highway Traffic Safety Administration (NHTSA), the Consumer Product Safety Commission (CPSC), and the International Trade Commission (ITC). The automotive and trucking industry team includes former agency representatives, federal and state prosecutors, and trial attorneys who understand the objectives and tactics of law-enforcement and administrative officials, particularly in the current environment of “regulation through litigation.” 

Our strong presence in Washington, D.C., along with our international capabilities and regulatory and litigation bet-the-company matters.

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Representative Matters

Aerospace, Aviation, and Drones

  • One of the world’s preeminent airlines in matters ranging from major litigation to FDA guidance as it works to make every step of the travel journey safe for passengers.
  • A global airline in a complex, antitrust consumer class action litigation related to air travel pricing.
  • UAS operators in obtaining FAA permits for operation and meeting FAA regulatory operational requirements.
  • A global technology company in providing client risk mitigation counseling on product safety and privacy and security issues regarding their launch of unmanned aerial systems for use with GoPro cameras.

Automotive, Electric, and Autonomous Vehicles

  • The world’s largest car rental and fleet management company (by market share) in matters ranging from disputes with ports, negotiations related to airport concessions, and counseling regarding vehicle data.
  • A Fortune 20 automobile manufacturer in a precedent-setting putative class action alleging that a vehicle-based IoT product’s vulnerability to hacking constitutes a breach of warranty or product defect.
  • An international automotive safety supplier on international reporting requirements for vehicle and equipment manufacturers in Europe, Asia, and North and South America.
  • A Fortune 50 retailer on negotiation positioning and preferred contract terms for autonomous vehicles used in product fulfilment including raw data, audit rights, value of data, reps, and warranties.
  • A transportation conglomerate on building EV charging station infrastructure across the U.S. and considerations for public-private partnerships, federal collaboration, and power purchasing with energy suppliers
  • A U.S. automotive parts and services company on creation of an EV battery takeback and recycling program.
  • An electric vehicle maker concerning a battery fire incident and providing regulatory and liability counseling.
  • An U.S. automotive parts supplier on labeling, warnings, and litigation risk mitigation for its EV products.
  • A transportation client in connection with potential CPSC reporting obligations regarding the potential for lithium ion battery thermal events.
  • A U.S. automotive parts supplier on import and export implications of EV-equipped vehicles.
  • A major vehicle component supplier to address regulatory and compliance issues with regard to both federal and California heavy duty vehicle standards.

Infrastructure

  • A global blockchain software development company on and distributed ledger technology transactions and network initiatives for blockchain infrastructure participants across the world, including investments involving more than 40 global financial institutions.
  • A data analytics company regarding inbound IT infrastructure and processing capabilities and outbound licensing of APIs and SDKs, as well as negotiation of shared intellectual property rights in artificial intelligence joint ventures.
  • An infrastructure-as-a-service company based in NY that uses blockchain technology on compliance with AML and sanctions laws.

Maritime, Shipping, and Logistics

  • The largest global integrated shipping companies within ocean and inland freight transportation, in connection with its participation in an operational alliance with another large shipping company.
  • A global market-leading logistics company with government contracts, intellectual property risk assessments, customs enforcement, cybersecurity, and regulatory compliance.

Micromobility and Transportation Software

  • A Fortune 20 automotive manufacturer on NHTSA guidelines and regulations and helped them set up protocol, policy, and procedures.
  • A leading technology company on the risks associated with incorporating an AI technology into automobiles and trucks in regards to distracted driving, including nationwide state surveys and mobile phone prohibitions, NHTSA and state guidance, and provided analyses of product liability cases. 
  • A global micromobility company on complex product safety regulatory issues and related IoT matters for a fleet of electric scooters incorporating cutting-edge firmware and various component parts. 
  • A developer of AI-enabled license plate reading technology on agreements with corporate customers and resellers to support commercialization and represent them in two software patent infringement litigations to protect their IP.

Rail

  • A team of transportation engineers and a leading American transportation technology company with joint venture formation and raising more than $200 million in financing to support development of high-speed rail technology, and assisting with strategic business counseling and testing.
  • A rail transportation and real estate company with responding to an incident affecting employees using a connected consumer device.
  • An international rail transportation client on litigation involving conspiracy, monopolization and "essential facility" claims.
  • The German multinational conglomerate and transportation automation company, Siemens in a wide-ranging, multi-forum intellectual property dispute involving Positive Train Control technology, including a jury trial win resulting in a finding of willful infringement and a $15 million damages award, and including defense of 15 inter partes review (IPR) petitions before the USPTO. Siemens Industry Inc. v. Westinghouse Air Brake Technologies, No. 1:16-cv-284 (D. Del.).

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