News & Analysis as of

Transportation General Business

Read need-to-know updates, commentary, and analysis on Transportation issues written by leading professionals.

Mitigating Product Liability for Artificial Intelligence

by Jones Day on

The Situation: New technologies incorporating AI create questions about how product liability principles will apply and adapt. The Issue: Legislatures and courts have not addressed how product liability laws apply to new...more

Court of Appeals for the D.C. Circuit Denies Petition Seeking Review of FAA Airworthiness Directive

by Holland & Knight LLP on

The District of Columbia Circuit Court of Appeals recently upheld a Federal Aviation Administration (FAA) decision to publish an airworthiness directive ordering the removal of certain cylinder assemblies used in piston...more

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

by Holland & Knight LLP on

In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more

California Courts Narrow the New Motor Vehicle Board’s Jurisdiction to Hear Dealer Protests

by Mulcahy LLP on

The California Legislature established the New Motor Vehicle Board (the “Board”). The mandate of the Board is to enforce the regulatory scheme set forth in the California Vehicle Code and Civil Code meant to regulate the...more

Know the Risks: Domestic and International Compliance

by Foley & Lardner LLP on

An open question coming into 2017 was whether the aggressive enforcement posture that had characterized the Obama and Bush administrations would continue under the Trump administration. Any questions were answered with the...more

In-Transit Freight Finance: The WHY and HOW for Leveraging Every Container

by Benesch on

Global supply chains present unique opportunities for large shippers and their lenders to negotiate credit agreements. Lending against in-transit freight, in particular, allows a shipper to expand its asset base to include...more

Don’t Bite Off More Than You Can Chew: Considerations When Negotiating Food Transportation Contracts

by Benesch on

There exists some confusion among entities covered by the Sanitary Transportation of Human and Animal Food regulations, found at 21 C.F.R. § 1.900 et seq. and published April 6, 2016 (STF Rules), as to their respective...more

InterConnect - Winter 2018

by Benesch on

We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more

Auto Company Pays $2 Million to Settle SCRA Claims Over Military Leasing Practices

by Weiner Brodsky Kider PC on

The financial arm of a national automobile company has agreed to settle claims brought by the U.S. Department of Justice (DOJ) for failing to refund up-front auto lease payments to service members who terminated their leases...more

Managing Warranty, Regulatory, and Commercial Litigation Risks

by Foley & Lardner LLP on

Elevated warranty expenses for Original Equipment Manufacturers (OEMs) are expected to continue in 2018, and automotive suppliers can expect to continue paying a greater per-vehicle share of these expenses. Because OEM...more

FBA Provides Update on Maritime Developments in New Orleans and the Lower Mississippi River Region

by Liskow & Lewis on

I attended a great meeting yesterday at the Port of New Orleans hosted by the FBA Admiralty Law Committee. Here are some bullets and takeaways, which are certainly of interest to anyone in the maritime industry along the...more

California Approves Regulations for Driverless Autonomous Vehicles

by Jones Day on

On February 26, 2018, the California Office of Administrative Law ("OAL") approved the California Department of Motor Vehicles' ("Cal DMV") proposed regulations allowing the testing and deployment of fully autonomous vehicles...more

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

by Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

FMC To Investigate Demurrage Charge Practices

by Holland & Knight LLP on

In the wake of a hearing held by the Federal Maritime Commission (FMC) in January regarding detention, demurrage, and per diem charges, the FMC voted on Monday, March 5, to launch an investigation focusing on the practices of...more

The Automotive Sector Faces Sharply Increased Duties and International Trade Risks Following Announcement of Unprecedented Section...

by Foley & Lardner LLP on

On March 1st, the automotive sector that consume steel and aluminum were confronted with a potentially large tariff rate increase. Despite intense lobbying by automotive companies, President Trump announced that the U.S....more

California Transportation Industry Waives Goodbye To Enforcement Of Federal Arbitration Act Provisions In Employment Contracts

by Jackson Lewis P.C. on

In a loss for the California transportation industry, the Court of Appeal for California’s Fourth Judicial District recently found in Muro v. Cornerstone Staffing Solutions, Inc., that the Federal Arbitration Act (“FAA”) is...more

NHTSA and Motor Vehicle Safety

by Foley & Lardner LLP on

The closing years of the Obama administration saw a whirlwind of regulatory activity from NHTSA, including multiple consent orders, record penalties, and soaring recall numbers. The more aggressive enforcement posture, hailed...more

Protecting Your Supply Chain in the Face of Potential Auto Industry Challenges in 2018

by Foley & Lardner LLP on

As the economy has improved and unemployment has fallen in the nearly 10 years since the Great Recession, North American vehicle sales volumes have also steadily increased and the forecast remains strong for 2018. Bloomberg...more

Truck "Platooning" and the Vehicle to Vehicle Network - A Chance To Glimpse the Future of Vehicle Cybersecurity in Action

According to most in the automotive industry, a world where self-driving cars and fully automated trucks begin to fill our intersections and highways is still at least a decade or so away. Creative theories abound for how...more

District Court Rejects Efforts To Invalidate Design Patents on Automobile Parts

by Foley & Lardner LLP on

In a case affecting aftermarket automotive suppliers, on February 20, 2018, the U.S. District Court for the Eastern District of Michigan issued a decision declining to invalidate or render unenforceable two of Ford’s design...more

Ride Sharing Is Already Reducing Car Ownership and Public Transportation Usage

by Foley & Lardner LLP on

A recent study by the ride-hailing service Lyft and a similar study by a group of American universities pointed to the positive impact ride-sharing services not only have on consumers, but on the surrounding communities they...more

Re-Thinking Supply Chain Contracts in the World of Connected Things

by Foley & Lardner LLP on

As the pace of innovation increases at an ever faster rate, many products that traditionally may not have been thought of as involving computers or software are incorporating these elements. In 2007, the iPhone revolutionized...more

Trump Infrastructure Plan Proposes Expansion of Federal Credit Programs

by Shearman & Sterling LLP on

Last week, the White House released to Congress its long-awaited infrastructure plan—a 53-page Legislative Outline for Rebuilding Infrastructure in America (the “Outline”)—to accompany its proposed Fiscal Year 2019 budget....more

Foley’s 2017 Connected Cars & Autonomous Vehicles Survey - Part 2

by Foley & Lardner LLP on

This is part two of the review of our survey released in October 2017. The survey feedback suggests that many automotive and technology companies are already forging ahead despite the challenges. While most industry...more

Cybersecurity Concerns Surround the Promise of Driverless Cars

by Womble Bond Dickinson on

Driverless cars and driver-assist systems are poised to change transportation as profoundly and as quickly as the internet has changed shopping and communications. Examples of the first wave of this technology that is on the...more

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