Conference Program



Day 1: Tuesday, October 22

Networking Breakfast
7.45am - 8.25am

Welcome and Introduction
8.25am - 8.30am

8.25am

Opening Remarks from the Conference Chair

Prof Nicholas Wittner
Professor of law in residence
Michigan State University College of Law
USA

A Primer – ADAS and AV Explained
8.30am - 10am

8.30am

Overview of the technologies – levels of automation – federal policies and regulations

Ryan Harrington
Principal
Exponent Inc
USA
This session will provide an overview of ADAS and AV technologies and the current state of the industry and the regulatory environment. It will focus on SAE levels of automation, federal activities, technology development and deployment considerations, and industry standards and best practices.

9.15am

Federal and state policies, testing, legislation and regulation to introduce ADAS and AV into the marketplace

Kelly Bartlett
Senior policy advisor/connected and automated vehicle specialist
Michigan Department of Transportation
USA
Elise Feldpausch
Connected vehicle specialist
Michigan Department of Transportation
USA
This session will present the context and philosophy surrounding automated vehicles in Michigan. It will look at setting a regulatory standard and tone regarding connected and automated vehicle testing and deployment. It will also address partnering between a state transportation agency and private developers to address real-world questions and move technology forward.

The Fundamentals of Product Liability Law
10am - 11am

10am

Theories of product liability and application to real-world incidents

Jacqueline Glassman
Partner
King & Spalding
USA
Prof Nicholas Wittner
Professor of law in residence
Michigan State University College of Law
USA
The presentation will explain the fundamentals of product liability law and allegations that may be and have been asserted in litigation involving ADAS and AV. The session examines real-world incidents and the results of investigations by NHTSA and NTSB critiquing the representations and designs by manufacturers.

11am - 11.30am

Break

Litigating ADAS and AV Cases
11.30am - 1pm

11.30am

Product liability issues related to ADAS on the road today

Thomas Branigan
Managing partner
Bowman and Brooke LLP
USA
As ADAS technologies continue to roll out and as the march toward Level 3 autonomy and above accelerates, litigation about these technologies is predictably following in lock step. What are the claims in litigation today? Is product design or product marketing under legal attack today? Are there valid defenses? How are these technologies changing the traditional allocation of legal liability between product manufacturer and product user? Is the absence of federal and industry standards hampering a product manufacturer’s ability to defend its design in litigation today?

12pm - 1pm

Panel Discussion - Litigating ADAS and AV cases

In this session, Jennifer, John and Randall will present and discuss complex design-defect and failure-to-warn cases, sophisticated discovery management and confidentiality of source codes. They will also discuss defenses asserted in recent cases and claims, the role of NHTSA and NTSB investigations, plus cooperation and potential conflicts among manufacturers, suppliers and ride-hailing providers.
John Gersch
Managing counsel
Toyota Legal One
USA
Jennifer White
Corporate counsel, automotive product liability and litigation
Volkswagen Group of America Inc
USA
Randall Haimovici
Director litigation
Uber
USA
Moderator:
Thomas Branigan, managing partner, Bowman and Brooke LLP

1pm - 2pm

Lunch

Product Liability Prevention
2pm - 3.30pm

2pm

ADAS and AVs project significant future benefits – legal considerations have a role in the outcome

Jerry Johnson
Vice president and deputy general counsel
Robert Bosch North America
USA
ADAS and AVs have the potential for significant benefits not just for those utilizing motor vehicles but for society as a whole. The experts delivering the technology are the force behind achieving the benefits. However, the legal community has an important role in helping the development and release of the technology. The presentation will discuss the role of the lawyer, reasonable expectations engineers have of their lawyers and methods for a lawyer to provide value.

2.30pm - 3.30pm

Panel Discussion - Product liability prevention

The panel will discuss the role of legal counsel in the development of ADAS and AV systems and technology, the importance of the legal relationship between vehicle manufacturers and suppliers in realizing the projected societal benefits, and legal considerations surrounding different levels of automation.
Erinn DePorre
Assistant general counsel, product litigation and AV
General Motors LLC
USA
Jason Menges
Director/assistant general counsel
Nissan North America
USA
Tony Gioutsos
Director portfolio development autonomous Americas
Siemens
USA
Michael Kidney
Partner
Hogan Lovells US LLP
USA
Moderator:
Jerry Johnson, vice president and deputy general counsel, Robert Bosch North America

3.30pm - 4pm

Break

Ethics in Design
4pm - 5pm

4pm

Ethical considerations in autonomous vehicle and emerging technology design

Jennifer Dukarski
Shareholder
Butzel Long
USA
The ethical quandaries of the autonomous vehicle space are reasonably well known and often simplified into one example: the Trolley Problem. But this hypothetical only scratches the surface of the true ethical dilemmas that lawyers face when guiding engineers and program teams in the design of emerging automotive technology. This is especially true following the August 2012 amendments to the Comments to Model Rule of Professional Ethics 1.1, which emphasized a lawyer’s responsibility to stay informed and understand the impact of technology on a client’s activities. This session will address what level of knowledge is needed to adequately advise on AVs, and how counsel can meet their duties of ethical conduct in areas of emerging automotive technology.

Day 2: Wednesday, October 23

Regulations and Regulators in the Autonomous and Self-Driving Vehicle Arena
8.30am - 10am

8.30am

Autonomous vehicles: regulatory and pre-regulatory topics

Anthony Cooke
Deputy general counsel and vice president for policy and regulation
Luminar Technologies Inc
USA
The presentation will cover automated mobility topics in the regulatory and legislative arenas, and set up the panel discussion to follow. Issues will include news from NHTSA, state-level matters, developments in Europe and the status of legislation on Capitol Hill.

9am - 10am

Panel Discussion - Regulations and regulators in the autonomous and self-driving vehicle arena

In this session the panel will discuss the guidance, regulations, authorities and current activities of NHTSA. Jacqueline, Elizabeth and Joshua will explore other sources of standards and rules to watch, plus implications for manufacturers and suppliers.
Jacqueline Glassman
Partner
King & Spalding
USA
Elizabeth Mykytiuk
Assistant general counsel automotive product, regulatory and litigation
Volkswagen Group of America Inc
USA
Joshua Wilkenfeld
Senior counsel emerging technologies, regulatory
Uber
USA
Moderator:
Anthony Cooke, deputy general counsel and vice president for policy and regulation, Luminar Technologies Inc

10am - 10.30am

Break

Privacy and Cybersecurity
10.30am - 12pm

10.30am

Privacy and cybersecurity considerations concerning the collection, use and sharing of vehicle data

Steven Wernikoff
Partner
Honigman Miller
USA
This presentation will consider the best practices and legal requirements concerning data collected and stored by innovative vehicle technologies and services.

11am - 12pm

Panel Discussion - Privacy and cybersecurity

In this session, Ryan, Todd and Timothy will present and discuss existing regulations and regulatory guidelines, plus the common challenges, including industry voluntary guidelines and federal legislation.
Ryan Bowers
Counsel, global privacy and product cybersecurity
General Motors
USA
Todd Benoff
Partner
Alston & Bird
USA
Timothy Tobin
Partner
Hogan Lovells US LLP
USA
Moderator:
Steven Wernikoff, partner, Honigman Miller

Class Action
12pm - 1pm

12pm

The class action implications of autonomous, electric and connected motor vehicle technologies

Neal Walters
Product liability group leader
Ballard Spahr LLP
USA
The ever-present race to mass-produce and deploy the first roadworthy, self-driving vehicle raises issues with respect to the marketing of increasingly autonomous and electric vehicle features. An inherent tension between such boastful characterizations of a vehicle’s capabilities, and the vehicle occupants’ continuing responsibility to remain prepared to regain control, particularly in the ongoing transition from L3 to L4, will likely give rise to class action litigation. Please join Neal Walters for an entertaining look at present, near-present and future expectations for these quickly evolving issues.

12.30pm - 1pm

Panel Discussion - Class action

The panel will share practical perspectives on managing the changing consumer expectations in autonomous technologies; the complications and class action risks associated with increased reliance on software-driven operations and related unmanifested defect claims; and practical guidance on the impact of recalls and voluntary market actions on class actions in a high-technology environment.
Jennifer White
Corporate counsel, automotive product liability and litigation
Volkswagen Group of America Inc
USA
Michael Kidney
Partner
Hogan Lovells US LLP
USA
Patrick Cleary
Senior counsel
Bowman and Brooke LLP
USA
Moderator:
Neal Walters, product liability group leader, Ballard Spahr LLP

1pm - 2pm

Lunch

Potential Criminal Liability Under Federal Law And State Regulations
2pm - 3.30pm

2pm

Possible issues arising out of AV use in the United States under the Fourth and Fifth Amendments to the United States Constitution

Ronald J Hedges
Senior counsel
Dentons
USA
This presentation will address the automobile exception to the Warrant Requirement and how it has evolved over the years, the Fifth Amendment privilege against self-incrimination, and how these constitutional protections might apply to ADAS and AV.

2.30pm - 3.30pm

Panel Discussion - Potential criminal liability under federal law and state regulations

In this session, the panel will discuss removing impediments to ADAS and AV in current state motor vehicle codes, plus challenges for state and local police and preparation for ADAS and AV. Gail, Daniel and Richard will also explore liability for criminal conduct of third parties and the unique constitutional issues and protections for Levels 4 and 5 AV involving search and seizure.
Daniel Levin
Partner
White & Case
USA
Gail Gottehrer
Technology lawyer and founder
Law Office of Gail Gottehrer LLC
USA
D/F/Lt Christopher Hawkins
Michigan State Police
USA
Moderator:
Ronald J Hedges, senior counsel, Dentons

3.30pm - 4pm

Break

Insurance
4pm - 5.30pm

4pm

The importance of risk management in the implementation of ADAS and AVs

Kelsey Brunette Fiedler
Ideation analyst
Munich Reinsurance America Inc
USA
Risk management and insurance are top of mind when discussing ADAS, AV technology and as we prepare to address all risks for the future of mobility.

4.30pm - 5.30pm

Panel Discussion - Insurance

Thomas, Fred and Thomas will discuss the fundamentals of insurance for automated vehicles, the real-world challenges faced by insurers and how best to mitigate risk.
Thomas Karol
General counsel
National Association of Mutual Insurance Companies
USA
Fred W Reinke
Partner
Dentons US LLP
USA
Thomas Alleman
Member
Dykema Cox Smith
USA
Moderator:
Kelsey Brunette Fiedler, ideation analyst , Munich Reinsurance America Inc
Please note: this conference program may be subject to change.

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