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HTMLSixth Circuit Court of Appeals Rules that a Federal Agency Does Not Have the Authority to Reallocate Power Between States and Their Political Subdivisions
Mitchell F. Brecher; Greenberg Traurig, LLP;
Legal Alert/Article
August 23, 2016, previously published on August 12, 2016
On Aug. 10, 2016, a three judge panel of the United States Court of Appeals for the Sixth Circuit reversed a 2015 Federal Communications Commission (FCC) decision which purported to preempt two states from limiting the authority of local governments chartered by those states. The communications law...

 

HTMLDay 4: Rain and Road Work
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 17, 2016, previously published on August 15, 2016
9:54 A.M., St. Charles, Missouri. About 13 hours of drive time to go. I hit rain for the first time during the trip, and the windshield wipers activate without my touching any of the controls. While this is not that unique as new cars go, the wipers not only turn on but completely adjust based on...

 

HTMLRethinking the Term “Autopilot” in the Wake of Chinese Crash
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 17, 2016, previously published on August 16, 2016
A recent car crash in Beijing has caused Tesla to reconsider the use of the word “autopilot” for its Model S sedan. The driver, who had activated the autopilot feature at the time of the crash, complained that the company had misled them about its capabilities. Following this complaint,...

 

HTMLDay 2: Pit Stop
Michael R. Nelson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 15, 2016, previously published on August 13, 2016
11:07 A.M. What is a little bit of an unexpected pleasure is the rest stops to charge the battery. The Tesla charge last about 300 miles but the Tesla real charging stations are about 100 miles apart so you have to stop more frequently than you would for a gas station. This charging station is in...

 

HTMLDay 2: Changing Lanes
Michael R. Nelson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 15, 2016, previously published on August 13, 2016
2:47, P.M. Richland, Utah. We are about 1/5 the way across the country. It’s a big place! Automated features do decrease driver fatigue but using new technology and of course driving in new territories add to the effort.

 

HTMLFDA Proposes Regulatory Framework for Next Generation Sequencing-Based Tests
Edgar Asebey, Maureen Bennett, Christian B. Fulda, Colleen M. Heisey, Cristiana Spontoni; Jones Day;
Legal Alert/Article
August 11, 2016, previously published on August 2016
FDA recently released, as a part of President Obama's Precision Medicine Initiative, two draft guidance documents proposing what the Agency is calling a "flexible and streamlined approach" for regulating next generation sequencing ("NGS")-based tests. The first guidance...

 

HTMLNHTSA To Release Automated Driving Guidelines by End of Summer
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 5, 2016, previously published on August 5, 2016
The National Highway Traffic Safety Administration (“NHTSA”) recently announced that the organization will release guidelines for vehicles with automated driving technology by the end of the summer. The guidelines will address safety standards to aid manufacturers in the development and...

 

HTMLData Privacy Protection and Cybersecurity: A Business and Legal Primer
Douglas A. Cherry, Peter R. Silverman, Matthew C. Spaulding; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
August 4, 2016, previously published on July 1, 2016
The news regularly reports on data breaches and cybersecurity. While we read about the biggest breaches - Home Depot, Target, Anthem, JP Morgan, Wyndham - probably every business has been hacked and will be hacked again. According to a 2015 IBM study, the average cost of the 350 major data breaches...

 

HTMLCybersecurity and Allocation of Liability Are Top Concerns Among Risk Managers
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 22, 2016, previously published on July 21, 2016
A recent survey conducted by Munich Re found that, where autonomous vehicles are involved, the top concern for corporate risk managers is cybersecurity. More than half of the corporate risk managers surveyed (55%) named cybersecurity, which included potential hacks into a vehicle’s data...

 

HTMLInsurers Should Actively Monitor Automated Driving Technology Developments
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 21, 2016, previously published on July 20, 2016
Automated technology will bring both new challenges and new opportunities for insurers. Although insurers may face the challenges associated with a shrinking market where manufacturers absorb more liability risk, insurers also have new opportunities. For example, such opportunities include new and...

 


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