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A podcast that analyzes legal issues surrounding autonomous vehicles.
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How Novel Is Tort Liability for Autonomous Vehicles? – Part 2

In this episode of Driverless, Tod Northman and Emmanuel Sanders continue their discussion with Professor Mark Geistfeld, the Sheila Lubetsky Birnbaum Professor of Civil Litigation at the NYU School of Law, about his groundbreaking performance-based approach to liability for and regulation of Autonomous Vehicles. Professor Geistfeld discusses the “regulatory sweet-spot” for Autonomous Vehicles, and the kinds of claims manufacturers and programmers can expect during this wave of Autonomous Vehicle deployment. Professor Geistfeld further addresses the “bystander problem” and suggests that the problem is not unique to Autonomous Vehicles, but one that transcends all areas of tort.

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Further Reading

Mark Geistfeld, “A Roadmap for Autonomous Vehicles: State Tort Liability, Automobile Insurance, and Federal Safety Regulation,” 105 Cal. L. Rev. 1611 (2017)
Mark Geistfeld, “The Regulatory Sweet Spot for Autonomous Vehicles,” 53 Wake Forest L. Rev. 101 (2018).
Mark Geistfeld, "How Liable Should Driverless-Car Companies Be for Accidents?," Time, Apr. 16, 2018, at 13.
Mark Geistfeld, Tort Law and Alternatives: Cases and Materials (Foundation Press 10th ed., 2016) (with Marc A. Franklin, Robert L. Rabin and Michael D. Green).
Mark Geistfeld, Products Liability Law (Wolters Kluwer Law & Business, 2012),
Mark Geistfeld, Principles of Products Liability (Foundation Press; Thomson Reuters 2d., 2011; 1st ed., 2006).
Mark Geistfeld, Tort Law: The Essentials (Wolters Kluwer Law & Business; Aspen Publishers, 2008).
Professor Geistfeld’s biography

Show Notes

0:41    Benefits of federal regulation over regulation by tort.
5:30    Regulatory performance standards promote safety and innovation. 
8:41    Exposure to liability based on claims by AV manufacturers/countering user complacency.  
12:36    Appropriate standard for liability with regard to monitoring driver complacency. 
14:40    Issues relating to commercial car sharing. 
16:31    Claims by passengers in AVs against manufacturers.
17:21    Manufacturer/programmer liability to bystanders.

How Novel Is Tort Liability for Autonomous Vehicles? – Part 1 of 2

On this episode of Driverless Tod Northman and Emmanuel Sanders interview Professor Mark Geistfeld, the Sheila Lubetsky Birnbaum Professor of Civil Litigation at the NYU School of Law, about his groundbreaking performance-based approach to liability for and regulation of Autonomous Vehicles. Professor Geistfeld discusses the shortcomings of earlier approaches to Autonomous Vehicle liability, and the benefits of adopting a commonsense, performance-based approach. Professor Geistfeld further advocates for adoption of a performance-based regulatory framework, which will provide certainty to manufacturers and users of Autonomous Vehicles without hampering the innovation and improvement of this life-saving technology. 
 

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Further Reading

Mark Geistfeld, “A Roadmap for Autonomous Vehicles: State Tort Liability, Automobile Insurance, and Federal Safety Regulation,” 105 Cal. L. Rev. 1611 (2017)
Mark Geistfeld, “The Regulatory Sweet Spot for Autonomous Vehicles,” 53 Wake Forest L. Rev. 101 (2018)
Mark Geistfeld, "How Liable Should Driverless-Car Companies Be for Accidents?," Time, Apr. 16, 2018, at 13
Mark Geistfeld, Tort Law and Alternatives: Cases and Materials (Foundation Press 10th ed., 2016) (with Marc A. Franklin, Robert L. Rabin and Michael D. Green)
Mark Geistfeld, Products Liability Law (Wolters Kluwer Law & Business, 2012)
Mark Geistfeld, Principles of Products Liability (Foundation Press; Thomson Reuters 2d., 2011; 1st ed., 2006)
Mark Geistfeld, Tort Law: The Essentials (Wolters Kluwer Law & Business; Aspen Publishers, 2008)

Professor Geistfeld’s biography

Show Notes

1:34    Professor Geistfeld’s initial Interest in AV.
3:36    Misguided approach of other scholars – Rebuilding tort from the ground up. 
6:23    Misguided approach of other scholars – Analyzing AV from the perspective of traditional motor vehicle accidents (reasonable driver standard).  
8:35    Adopting a system-wide performance-based approach to AV liability. 
12:06    What standard do we use to compare relative safety of autonomous vehicles?
13:04    Adopting a performance-based approach to regulating AV.
15:4    The benefits of more robust performance-based regulation/The pitfalls of not adopting more robust federal regulation. 
19:51    Developing a standard for performance-based liability/regulation - Requiring AV to perform twice as safely as human drivers.

AEye's Different Vision for AV - Part 2 of 2

Blair LaCorte is president of AEye, a pioneer in artificial perception systems. Jay Campbell, co-founder of Tucker Ellis’s autonomous vehicle and intellectual property group and an intellectual property trial lawyer, interviews Mr. LaCorte about AEye’s systems based approach to artificial intelligence and perception, inspired by how the human visual cortex conceptually focuses on and evaluates the environment around a vehicle, driving conditions, and road hazards. By actively scanning the surrounding environment with a combination of LiDAR and cameras, AEye offers a unique and efficient paradigm for driverless technology.

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Resources
Blair LaCorte Named President of AEye

Professional Biography of Blair LaCorte

AEye’s website

Show Notes

0:44- The surprising challenge of AV safety
2:35- The migration of technology from autonomous vehicles to assisted driving
4:30- The rise of “mobility on demand”
6:30- The immediate future of autonomous vehicles 
10:50- How autonomous vehicles will change business and society
15:00- AV’s effects on economics of car ownership
16:30- Effect of “holdouts” on AV
17:30- AV’s effect on infrastructure

AEye's Different Vision for AVPart 1 of 2

Blair LaCorte is president of AEye, a pioneer in artificial perception systems. Jay Campbell, co-founder of Tucker Ellis’s autonomous vehicle and intellectual property group and an intellectual property trial lawyer, interviews Mr. LaCorte about AEye’s systems based approach to artificial intelligence and perception, inspired by how the human visual cortex conceptually focuses on and evaluates the environment around a vehicle, driving conditions, and road hazards. By actively scanning the surrounding environment with a combination of LiDAR and cameras, AEye offers a unique and efficient paradigm for driverless technology.

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Resources

Blair LaCorte Named President of AEye

Professional Biography of Blair LaCorte

AEye’s website

Show Notes
5:50 - AEye's unique approach to artificial perception through biomimicry of human visual cortex
6:10 - Active v. passive scanning
7:45 - Benefits of "intelligent scanning"
12:00 - The human visual cortex and its ability to process spacial and temporal data
13:50 - The visual cortex's preprocessing of sense data
15:00 - AEye's systems-based approach incorporating cameras and LiDAR
20:40 - The mechanics of LiDAR
21:30 - Meshing cameras and LiDAR
23:00 - Intelligent Detection and Ranging (iDAR) and active scanning
25:00 - The industry today and the limits of passive scanning

When Will Autonomous Vehicles Be Available for Purchase?

We flip the microphone on our podcast host Zachary Adams.  Miami litigator Francisco “Frank” Ramos, Jr., speaks with Zach on “A Conversation With,” Defense Research Institute’s podcast where Frank interviews lawyers about their practice.  Frank is a DRI member and a partner at Miami law firm Clarke Silverglate PA; he has written seven books about law and its practice and quickly digs into some of the most important questions about autonomous vehicles.  The format gives Zach the opportunity to step back from the detail we frequently cover to address big-picture questions about autonomous vehicles and the state of laws and regulations.  You also get to know Zach better.

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Fuzzy Logic and Neural NetworksDigging into the guts of an autonomous vehicle (Part 3 of 3)

Bart Kosko, is a Professor of Electrical Engineering in the University of Southern California's Viterbi School of Engineering and a Professor of Engineering and Law in USC's Gould School of Law. Kosko wrote the book on fuzzy logic and is an expert on neural networks. Jay Campbell, co-founder of Tucker Ellis’s autonomous vehicle and intellectual property group and an intellectual property trial lawyer, interviews Kosko. Jay and Kosko have been friends for many years going back to a case they worked on together nearly twenty years ago. Since then, Jay has tried several cases involving neural networks and fuzzy logic. Kosko is a fellow of the IEEE, a fellow of the International Neural Network Society (INNS), and a fellow of the International Fuzzy Systems Association (IFSA).

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Neural Networks - Moore's Law, Large Numbers, and MoreProf. Bart Kosko - (Part 2 of 3)

Dr. Bart Kosko, is a Professor of Electrical Engineering in the University of Southern California's Viterbi School of Engineering and a Professor of Engineering and Law in USC's Gould School of Law.  Dr. Kosko wrote the book on fuzzy logic and is an expert on neural networks.  Jay Campbell, co-founder of Tucker Ellis’s autonomous vehicle and intellectual property group and an intellectual property trial lawyer, interviews Dr. Kosko.  Jay and Dr. Kosko have been friends for many years going back to a case they worked on together nearly twenty years ago.  Since then, Jay has tried several cases involving neural networks and fuzzy logic.   Dr. Kosko is a fellow of the IEEE, a fellow of the International Neural Network Society (INNS), and a fellow of the International Fuzzy Systems Association (IFSA).

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Continental Tires Is Much More Than a Tire Company

Chris S. Egner is a product liability attorney, and a member of the Global Expert Team, at Continental Tire the Americas, LLC. Despite having “tires” in its name, Continental provides a diverse range of parts and components to the automotive industry. Its approach to autonomous technology is similarly ambitious: rolling out a robotic delivery dog (ANYmal) and CUbE, the Continental Urban Mobility Experience, a driverless vehicle, for example. Chris’s responsibilities at Continental include risk assessment and case evaluation for complex product liability, asbestos, toxic tort, and automotive systems matters. She manages external counsel throughout the U.S. during all phases of litigation. Host Zach Adams, a litigator at Tucker Ellis, discusses Continental’s efforts to develop automated driving technology safely while navigating a challenging liability and regulatory environment. Chris’s role at Continental gives her a broad understanding of autonomous technology and legal liability.

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Resources

Continental Automotive’s automated driving landing page

Chris Egner’s biography

Show Notes
1:10 Chris’s background and role at Continental
2:30 Continental’s role in the development of autonomous vehicles
3:15 Building trust in automated driving technologies; “Vision Zero”
8:05 Continental showcases its Smart Cities efforts at CES2019,
12:25 Autonomous robotic delivery dogs and CUbE, Continental’s driverless vehicle
16:20 Data centers on wheels
19:15 Deploying Level 3 automated technology
24:45 Developing self-driving technology safely
27:20 Autonomous vehicle legislation, NHTSA standards, and independent guidelines

Digging Into Neural NetworksProfessor Bart Kosko Part 1

Jay Campbell, intellectual property litigator and co-founder of Tucker Ellis’ Autonomous Vehicles and Artificial Intelligence Technologies group, interviews Dr. Bart Kosko. Dr. Kosko is a Professor of Electrical Engineering in the University of Southern California's Viterbi School of Engineering and a Professor of Engineering and Law in USC's Gould School of Law. Dr. Kosko is a fellow of the IEEE, a fellow of the International Neural Network Society (INNS), and a fellow of the International Fuzzy Systems Association (IFSA). As will be discussed in future portions of this interview series, Dr. Kosko quite literally wrote the book on fuzzy logic.

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The Future of Smart Mobility

Kristin Slanina, Chief Transformation Officer (and long-time automotive engineer), and Mohammad Hamid, Special Advisor in the Emerging Technologies Group, both of Thirdware Solutions, delve into the future of smart mobility with host Zach Adams, a litigator at Tucker Ellis.  Kristin and Mo recently presented on the “The Business of Mobility” at the Automotive Futures Conference.  They are key members of the smart mobility team at Thirdware, which is a long-time automotive IT company.  Thirdware helps traditional automotive industry participants acclimate to the changing industry landscape, as traditional automotive companies seek ways to expand their revenue sources. 

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Resources

Thirdware Solution INC.

Kristin Slanina, (kristin.slanina@thirdware.com) biography 

Slanina, Kristin Schondorf, “Outmaneuvering disruption is the only way forward,” LinkedIn. (February 9, 2018)

Hamid, Mohammad (mohammad.hamid@thirdware.com) biography

Kristin Marie Slanina

Mohammad Hamid

Show Notes
1:45    Who is Thirdware?
3:30    Disruptive technologies in autonomous vehicles and new mobility
6:15    Ride sharing is the area of highest venture capital investment
8:05    What role will services play in the future of OEMs and Tier 1 suppliers?
11:05    Partnerships are to be critical in the future for OEMs and Tier 1 suppliers.
12:00    Time frame for investment returns needs to shift to a long-term horizon
15:45    To date, automotive companies have not been able to monetized
18:50    Partnerships and acquisitions have not yielded the hoped-for results
21:20    Leveraging data is the most promising business opportunity for OEM and Tier 1

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