Mobility and Advanced Transportation Team

Dykema’s nationally recognized Mobility and Advanced Transportation Team understands the growing complexities of advanced automotive technologies. Our lawyers are at the forefront of these emerging technologies, helping clients navigate the legal challenges and opportunities that automated vehicles and advanced mobility services present. The Firm’s capabilities in this rapidly transforming industry are highlighted below.

Mergers & Acquisitions and Investments

Dykema has extensive experience advising strategic and financial investors, including traditional automotive manufacturers and suppliers, private equity firms, investment banks, as well as making investments in, and acquiring, technology providers and mobility start-ups. The Firm also advises technology providers on acquisition opportunities and strategies relating to the new mobility industry.

Technology Development Arrangements

Dykema frequently assists technology providers and up-stream incorporators on technology development arrangements involving joint development efforts, testing and integration. With a host of clients in both the automotive and technology industries, our lawyers have a broad perspective and deep understanding of their businesses, which enhances their ability to complete transactions and help clients expand their business.

Product Liability

Dykema has long been a leader in automotive product liability litigation defense, representing almost every major automotive manufacturer in individual cases and related class action litigation. Dykema also has experience providing product liability prevention advice.

From the very beginning of connected vehicle development, it was a team of Dykema lawyers who advised a major automotive industry consortium on product liability issues. Our lawyers not only represent industry members, but are also leaders of major legal associations, chairing national and international programs on automated and connected vehicle technologies.

Supply Chain Risk Management

Dykema advises clients with respect to supply chain risks that could impede continuity of supply when proprietary technology relating to autonomous and connected vehicles become inaccessible due to business failure or other supplier action. Though supply chain risk is not new, the degree of risk pertaining to proprietary technologies is growing with potentially disastrous results if not proactively and strategically addressed in applicable contracts.

Legislative and Regulatory Development and Compliance

Dykema’s regulatory experience concerning automated and connected vehicles extends back well over a decade and is a logical outgrowth of the Firm’s long-standing regulatory experience with motor vehicle safety issues. Dykema has been closely involved, on behalf of clients, in the development of state-level autonomous vehicle legislation and the National Highway Traffic Safety Administration’s (NHTSA) rulemaking with respect to vehicle-to-vehicle (V2V) communications technology. The Firm closely tracks and advises on the development of state and federal legislation and regulations pertaining to vehicle automation and connectivity.

With respect to various types of emerging advanced driver assistance systems (ADAS) and automated vehicle systems, ranging from electronic stability control (ESC) to more recent innovations such as forward collision avoidance systems, Dykema has been assisting clients on all aspects of federal regulatory involvement, including rulemakings, compliance with any applicable Federal Motor Vehicle Safety Standards and NHTSA policy guidance. Our continuing regulatory work involving automated and connected vehicles includes representation of manufacturers of vehicles and equipment for both the passenger and commercial vehicle sectors.

Cybersecurity

Dykema knows cybersecurity is a paramount challenge essential to the acceptance of advanced vehicle technologies that presents particularly significant legal risk. Our lawyers counsel vehicle manufactures on measures to enhance cybersecurity and mitigate risks, and have experience with the planning and development of such systems, including identifying and allocating risk and liability based on interface and other physical or logical boundaries within vehicle systems. The Firm began handling matters pertaining to telematics, infotainment and connected and autonomous vehicles long before vehicle cybersecurity was widely recognized as an issue, including substantial work for the Vehicle Infrastructure Integration Consortium in 2007 and the Connected Vehicle Trade Association, and continues to do so through the latest developments.

Data Privacy

Dykema advises clients on privacy obligations, including cross-border data transfer. From privacy impact assessments (PIA programs) to planning, executing and monitoring privacy programs like in-app consent, US-EU Privacy Shield, Standard Contractual Clauses and other measures, Dykema is involved at every stage. Several of our lawyers hold IAPP certifications for both the United States private sector (CIPP/US) and are certified in European privacy (CIPP/E).

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