Electric and Autonomous Vehicles and Advanced Mobility

We assist OEMS, technology providers, and upstream incorporators with technology development arrangements involving joint development efforts, testing, and integration. We negotiate high-stakes and innovative approaches to the ownership of to-be-developed technology.

With a host of clients in both the automotive and technology industries, we have a broad perspective and deep understanding of the ins-and-outs of the E/AV space, enhancing our ability to complete transactions and help clients expand their business.

Dykema has long been a leader in automotive product liability defense litigation. Since the beginning of autonomous vehicle development, it was a team of Dykema lawyers who advised a major automotive industry consortium on product liability issues.

We defend manufacturers on claims involving automatic emergency braking and other advanced vehicle system technologies.

Our team also has experience providing product liability prevention advice.

We advise clients with respect to supply chain risks that could impede continuity of supply when proprietary technology relating to autonomous and electric vehicles becomes 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.

We have 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’s) rulemaking with respect to vehicle-to-vehicle communications technology. We also track and advise 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, ranging from electronic stability control to more recent innovations such as forward collision avoidance systems, we assist clients on all aspects of federal regulatory involvement, including rulemakings, compliance with applicable federal motor vehicle safety standards, and NHTSA policy guidance.

We counsel vehicle manufacturers on measures to enhance cybersecurity and mitigate risks, and we have experience with 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.

We advise 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.