Driverless

How are autonomous vehicles regulated in the United States? Is it the right approach? In the inaugural episode of DRIVERLESS, host Zach Adams speaks with product liability litigator Jonathan Feczko and business and transportation lawyer Tod Northman, both partners at Tucker Ellis, about “Preparing for the Future of Transportation: Automated Vehicle 3.0.” The Department of Transportation issued the latest guidance in early October 2018, and the trio dig into the document, establish the regulatory context for the guidance, and evaluate the ramifications of the DOT’s approach.  Drawing from their differing legal backgrounds, Zach, Jon and Tod assess who won with the document, who lost, and what issues were not adequately addressed. They also discuss why the federal government has taken the approach it has, despite legitimate concerns raised by safety and privacy advocates.

Tucker Ellis product liability litigators Zach Adams and Jon Feczko are joined by Marc Hoag, a California lawyer, podcaster, entrepreneur and AV consultant, as they reason through the applicable legal standard, and related legal issues, for autonomous vehicles. Marc’s podcast “Autonomous Cars with Marc Hoag” is the number one search result in Google for autonomous vehicle podcasts. But it is the combination of Marc’s legal and engineering training with his knowledge of autonomous vehicles that makes him the perfect guest to talk through these matters with Zach and Jon.

In a wide-ranging discussion, that includes a fascinating history of failed transportation revolutions, host Zach Adams, intellectual property litigator Jay Campbell and business lawyer Tod Northman discuss how autonomous vehicles will change our cities. From pocket calculators to Segway, high hopes for technology have produced disappointment. From autonomous vehicles, to ride sharing, to electric scooters, there is a lot of publicity about – and tremendous money behind – the mobility revolution. Will this time be different?

Proponents of autonomous vehicles tout myriad possible benefits ranging from dramatically increased safety to increased mobility for people who are unable to drive; however, autonomous vehicles will not come without tradeoffs. In the first of a two-part discussion, Cleveland State University Professor Robert A. Simons, Tucker Ellis associate Jeffry Carr, and Tod Northman – a transactional lawyer at Tucker Ellis – discuss ethical challenges that AVs will raise as the technology improves.

Driverless vehicles will reshape urban development. Robert A. Simons, Professor at the Maxine Goodman Levin College of Urban Affairs at Cleveland State University, delves into the myriad factors – such as drivers foregoing ownership of vehicles to use shared vehicles and reduce travel times – that will change parking and land use in America’s urban core. Professor Simons’s book, which covers both technical and behavioral issues arising from autonomous vehicles, is scheduled to be released in Spring 2020. He shares some of the salient lessons from his research with Tod Northman, a partner in the business group at Tucker Ellis and a co-founder of the autonomous vehicle and artificial intelligence technologies group. 

Autonomous vehicle developers, such as GM and Waymo, have submitted comments to the National Highway Traffic Safety Administration (NHTSA) that encourage the agency to establish new guidelines for autonomous vehicles that lack a steering wheel and gas/brake pedals.  NHTSA asked automotive manufacturers and other autonomous vehicle technology companies to submit comments regarding changing regulations to include specific framework for AVs. In their comments, several commenters encouraged new rules for vehicles without a traditional steering wheel or brake and gas pedals.  Host Zach Adams, litigator Jon Feczko, and transactional lawyer Tod Northman discuss whether the absence of federal government regulation is delaying development.  Jon and Zach suggest that we wait for public support for AV increases; Tod believes that NHTSA’s continuing current work to promulgate regulation is critical.

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.

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. 
 

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.

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.