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HTMLCybersecurity Best Practices in the Auto Industry
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 27, 2016, previously published on July 26, 2016
The Automotive Information Sharing and Analysis Center (Auto-ISAC) has released cybersecurity best practices to protect against risks in the auto industry. Auto-ISAC identified seven functions that cover the various ways in which cybersecurity threats affect the “motor vehicle...

 

HTMLELDs and Their Impact on Punitive Damages Claims
Andrew Roth; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 27, 2016, previously published on Spring 2016
Punitive damages are a source of anxiety for trucking companies and defense firms alike. Since potentially severe injuries are already inherent in trucking litigation, the addition of a punitive damages instruction can allow a plaintiff's attorney to credibly inflate already high verdict values and...

 

HTMLBeware of Coercion—New Anti-Coercion Rule Effective as of January 29, 2016
Charles Timmerwilke; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 27, 2016, previously published on Spring 2016
In the past, a trucking company pressuring a driver to operate in violation of federal safety regulations could create problems for the company in a personal injury lawsuit. As of January 29, 2016, a new federal rule implements potential large fines for carriers, shippers, receivers and brokers...

 

HTMLFMCSA Proposed Rulemaking: Changing Safety Measurement System to Safety Fitness Determination
Robert Bennett; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 27, 2016, previously published on Spring 2016
The Federal Motor Carrier Safety Administration has proposed new rules for assessing carrier on-road safety and to enhance FMCSA's ability to identify noncompliant carriers. If adopted, the new rule would replace the SMS with "safety fitness determination," or SFD. The objectives behind...

 

HTMLElectronic Log Devices
John Langfelder; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 27, 2016, previously published on Spring 2016
As of December 16, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced and published the final rule requiring the use of electronic logging devices (ELD) by all drivers required to complete paper records or logs of duty status. Drivers falling into this category are required to...

 

HTMLCourt of Appeals Hears National Federation of the Blind’s Challenge to DOT Rule Regarding Blind-Accessible Kiosks at Domestic Airports
Lewis S. Wiener, Amy Xu; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 19, 2016, previously published on July 19, 2016
On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to provide blind-accessible kiosks at domestic airports. The...

 

HTMLAnother Federal Agency Probing Tesla Crash
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 14, 2016, previously published on July 11, 2016
The National Transportation Safety Board (NTSB) has assigned a team of investigators to look into the May 7 fatal crash in Willliston, Florida, involving a Tesla vehicle operating in Autopilot mode. Notably, the NTSB normally investigates accidents involving trains, planes, buses, and ships. The...

 

HTMLTesla on Autopilot Crashes in Montana
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 14, 2016, previously published on July 12, 2016
A Tesla Model X traveling from Seattle to Yellowstone National Park on July 9th crashed on a two lane highway near Cardwell, Montana. The motorist and his passenger acknowledged that the vehicle was on Autopilot mode at the time of the collision and that his hands were not on the wheel at the time...

 

HTMLMorality and Autonomous Vehicles
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 30, 2016, previously published on June 29, 2016
The classic “trolley problem” in ethics is now becoming the “autonomous vehicle problem.” The thought experiment asks: A trolley is hurtling towards five helpless people on a track. Do you pull a level to divert the trolley onto another track, hitting only one...

 

HTMLHighway Projects Affected By Cargo Preference Act Changes
Blake R. Christopher, Neil S. Lowenstein; Vandeventer Black LLP;
Legal Alert/Article
June 5, 2016, previously published on May 2016
By Memorandum dated December 11, 2015, the Federal Highway Administration (FHWA) changed the FHWA’s legal position regarding applicability of the Cargo Preference Act (CPA) to federally-funded highway projects. That Memorandum reversed and superseded contrary position in place since 1988.

 


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