Jason Britt

Jason Britt

Foley & Lardner LLP

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President Trump Orders EPA Review of Corporate Average Fuel Economy Standards

One of the more aggressive steps taken by the Obama administration to reduce carbon emissions was to have the EPA set an ambitious target for Corporate Average Fuel Economy (CAFE) standards: 54.5 miles per gallon by 2025. In...more

3/22/2017 - Auto Manufacturers Automotive Industry Climate Change Department of Transportation (DOT) EPA Fuel Standards Greenhouse Gas Emissions Jobs Growth and Long-term Prosperity Act Obama Administration Trump Administration

Trump Transition Team Taps Transportation Secretary

President-Elect Donald Trump has announced his pick to head the Department of Transportation: Elaine L. Chao. Ms. Chao is clearly a veteran of Washington: as the Secretary of Labor under George W. Bush, and a deputy...more

12/6/2016 - Administrative Appointments Automotive Industry Department of Transportation (DOT) Ridesharing Transition Team Trucking Industry Trump Administration

The New Supreme Court Term: Cases for the Automotive Industry to Watch

A new Supreme Court term is once again underway. This one looks to be unique in that it is likely to be an eight-Justice bench into 2017—with Republican leaders standing firm on their refusal to go forward with confirming any...more

10/14/2016 - Antitrust Conspiracies Apple v Samsung ATMs Automotive Industry Damages Design Patent Fees Laches Patent Infringement Pleadings Popular SCA Hygiene Products Aktiebolag v First Quality Baby Products SCOTUS Statute of Limitations Trade Associations Visa Inc v Osborn

Department of Transportation Releases Policy Guidance on Autonomous Vehicle Technology (Part II: State Government Guidance)

In addition to its industry guidance, covered in the previous post, the DOT’s Policy Guidance for autonomous vehicle technologies also proposed a “model state policy” for regulating these new vehicles. This guidance jumps off...more

10/4/2016 - Automotive Industry Department of Transportation (DOT) Driverless Cars NHTSA

Department of Transportation Releases Policy Guidance on Autonomous Vehicle Technology (Part I: Industry Guidance)

As automakers and their suppliers alike have been working through the issues confronting autonomous vehicles, they have been doing so with a giant blind spot: just how the federal government, which regulates almost every...more

9/29/2016 - Auto Manufacturers Automotive Industry Black Box Cybersecurity Data Privacy Data Recording Department of Transportation (DOT) Driverless Cars New Guidance NHTSA Privacy Concerns Regulatory Oversight Safety Standards Technology

International Monetary Fund’s Forecast for Global Economy Cools

Even as experts are signaling caution in their outlook for the automotive sector, the International Monetary Fund (IMF) is lowering its forecast of economic growth for this year. In its April 2016 report, the IMF reduced...more

4/15/2016 - Automotive Industry China Commodities Emerging Markets EU Global Economy IMF Manufacturers Oil Prices Terrorist Acts UK Brexit

U.S. Army Helping Develop Vehicle-to-Infrastructure And Autonomous Vehicle Technologies

The list of everyday technologies pioneered or developed by the military before being adapted to civilian applications is a lengthy one: GPS, microwave ovens, jet engines, and radar are just some common examples. Could...more

2/10/2016 - Army Automotive Industry Connected Cars Driverless Cars Research and Development

EU Nations Extend Electric Car Rebates, Consider New Ones

While Europe has been the land of small diesels for decades, air quality concerns and consideration of fossil fuels’ impact on global warming has led EU nations to offer incentives to purchasers of electric vehicles. In...more

2/5/2016 - Automotive Industry Climate Change Electric Vehicles EU Germany Greenhouse Gas Emissions Incentives Rebates UK

The Supreme Court Preview, Part III: A Couple Spare Parts

While the Court’s review of bedrock principles of class action litigation and the continuing struggle to enforce arbitration clauses in the face of hostile state law are two important topics to watch, they are not the only...more

11/3/2015 - Article III Automotive Industry Class Action Credit Reporting Agencies Data Privacy EU Extraterritoriality Rules Injury-in-Fact ISIS Money Laundering Narcotics RICO RJR Nabisco Russia SCOTUS Spokeo v Robins Standing Toyota U.S. Treasury

The Supreme Court Preview, Part II: Tuning Up Arbitration Clauses

This is the second post in our series “The Supreme Court Preview,” - California state and federal courts have a rocky history with the U.S. Supreme Court, as the highest court in the land has repeatedly reversed the...more

10/23/2015 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers DirecTV DirecTV v Imburgia Enforceability Federal Arbitration Act Mandatory Arbitration Clauses Preemption SCOTUS Unconscionable Contracts

The Supreme Court Preview, Part I: The Court To Overhaul Class Actions?

A fresh Supreme Court term has kicked off, with a new slate of cases awaiting the Court’s decision. Among these cases are several that the automotive industry should keep an eye on, as they impact the law in ways that will...more

10/20/2015 - Automotive Industry Campbell Ewald v Gomez Class Action Collective Actions Doffing Donning Dukes v Wal-Mart FLSA Genesis Healthcare Corp. v. Symczyk Mootness SCOTUS Settlement Offer Tyson Foods Tyson Foods v Bouaphakeo Unpaid Overtime Unpaid Wages Wage and Hour

New Study Says ... Pace of Adopting Active Safety System Should Be Picked Up

Vehicle safety systems are experiencing a period of development unlike any in the history of the industry. While the 20th century focused on passive safety systems, such as crumple zones, seat belts, and airbags, these...more

10/2/2015 - Audi Auto Manufacturers Automotive Industry BMW Car Accident Ford Motor General Motors Mazda Mercedes-Benz NHTSA Public Safety Ratings Safety Equipment Safety Standards Tesla Toyota Volkswagen Volvo

Fifth Circuit Upholds Copyright Preemption of Trade Secret-Related Claims

Situations abound in which a defendant has been sued in state court, and wants to get to federal court. In cases in which the plaintiff has not pled a federal claim, and where diversity of citizenship is absent, there may not...more

8/18/2015 - Automotive Industry Copyright Copyright Litigation Federal Jurisdiction Misappropriation Preemption The Copyright Act Trade Secrets

Supreme Court Signaling That Agencies May Have a Shorter Leash in the Future

The automotive industry, as much as any industry operating in the United States, has a substantial federal regulatory burden, with an alphabet soup of agencies charged with regulating under the authority of an alphabet soup...more

4/20/2015 - Interpretive Rule Notice and Comment Perez v Mortage Bankers Assoc Regulatory Agencies SCOTUS Statutory Interpretation

European Trade Secrets Directive Looks to Unify and Strengthen Protection of Proprietary Business Information in the EU

Home to several of the world’s largest OEMs, and a major place of operations for others, Europe has a thriving automotive industry. As borders have become more and more open in the European Union, OEMs and their suppliers...more

2/27/2015 - EU EU Directive Trade Secrets

When It Comes to Confidentiality Agreements, Just Getting the Signature Is Not Enough

Automotive suppliers and other manufacturers frequently have to share their valuable intellectual property with third parties. A supplier might need to share CAD files with another supplier to ensure that the finished product...more

11/11/2014 - Confidential Information Confidentiality Agreements Signatures

NextEnergy: Developing Charging and Power Systems for Tomorrow’s Cars, Homes, and Businesses

In addition to the networking technologies that NextEnergy is developing with its partners, NextEnergy is also developing vehicle charging and power systems that look to trim energy bills for both homes and businesses....more

9/30/2014 - Energy Energy Efficiency

NextEnergy: Incubating Technology for Tomorrow's Homes and Cars

Two major forces are reshaping the cars that people will drive in coming years: the push to create a smarter (and eventually, even an autonomous) car, and the push for better fuel efficiency. Smarter cars are seen as a way to...more

9/26/2014 - Automotive Industry Carbon Emissions Clean Tech NHTSA Oil & Gas Smart Car Startups

New Materials Look to Change What Our Cars are Made of

Colin Chapman, the founder of Lotus Cars, is said to have expressed his philosophy of car-building as: “Simplify, then add lightness.” While expanding safety regulations and consumer demands for technology and comfort make...more

6/24/2014 - Automotive Industry

Federal Court Reminds Trade Secret Owners That the Statute of Limitations Isn't Everything When it Comes to Misappropriation...

Several years after an employee leaves your company, you realize that he or she has been using confidential and proprietary information acquired from your business to compete against you. Your non-compete agreement with the...more

6/2/2014 - Confidential Information Employment Contract Employment Policies Hiring & Firing Misappropriation Non-Compete Agreements Popular Statute of Limitations Trade Secrets

California Announces Regulations for Autonomous Car Testing

Just as manufacturers and other businesses at the edge of autonomous vehicle technology are announcing advances in the field—including, most recently, Google’s fully-autonomous prototype vehicle, featuring no controls other...more

5/30/2014 - Auto Manufacturers Automotive Industry Driverless Cars Google

New Federal Trade Secret Protections on the Horizon?

Conspicuously absent in the quiver of arrows available to a business looking to take action against someone who has misappropriated or is threatening to misappropriate its trade secrets is a federal cause of action for...more

5/12/2014 - Automotive Industry Economic Espionage Act Foreign Commerce Interstate Commerce Lanham Act Misappropriation Trade Secrets Uniform Trade Secrets Acts

Wireless Technologies to Be Mandated by NHTSA

Recent months have seen major developments in the march toward truly autonomous cars. Google has announced that it has logged almost 700,000 miles of autonomous driving, and that it has been driving many of those miles in...more

5/8/2014 - Driverless Cars Google NHTSA Volvo Wireless Technology

SREC II – Proposed Changes to MA DOER Regulations

The Massachusetts Department of Energy Resources (DOER) recently issued draft regulations for the second phase of its solar renewable energy certificate program, known as “SREC II”. The aim of the SREC II program is to...more

1/17/2014 - Brownfield Properties Green Energy Renewable Energy Solar Energy

Shift to Modular Platforms Raises New Issues for Manufacturers and Suppliers

One way in which next-generation manufacturing is impacting the automotive industry is the movement toward modular architecture. These designs use common underpinnings for various models across a variety of vehicle segments,...more

11/21/2013 - Auto Manufacturers Automotive Industry Patents Product Recalls Safety Precautions Suppliers Trade Secrets

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