Legal, Regulatory and Compliance Forum for the Automotive Industry - DS

March 6 & 7, 2024

NHTSA Keynote Address:

Stephen Hench

Senior Trial Attorney

U.S. Department of Transportation, NHTSA

Judicial Perspectives from:

Hon. David Lawson

US Districti Court Judge

Eastern District of Michigan

Hon. Jose Linares (Ret.) Partner, McCarter & English

US District Court Chief Judge District of New Jersey

Pre-Conference Workshops:

You will gain practical knowledge and benefit from high level discussions on:

Angle-Right The Politics, Policies, and Regulatory Road Ahead for the Auto Industry

Angle-Right Examining Recent Developments in Automotive Class Actions

Angle-Right ADAS Technology: The Legal Concerns, Implications, Liabilities and Latest Cases

Angle-Right Revving up Regulations: Navigating the Legal and Regulatory Landscape of Electric Vehicles

Angle-Right Deciphering Automotive Cybersecurity: Legal Insights for In-House and Outside Counsel

Angle-Right Strategies for Overcoming Supply Chain Bottlenecks

Navigating Legal and Regulatory Complexities in the Automotive Industry’s New Era

Since the beginning of this decade, the automotive industry has witnessed a sea change, propelled by high-tech innovation and landmark judicial decisions — not only has this revolutionized the automotive sector, but has also introduced new dimensions to legal practices. The auto industry is evolving, and the automakers ability to remain compliant, year after year, across various regulatory programs including – supply chain, , risk and litigation, government regulation, cybersecurity, ESG, electric vehicles and autonomous vehicles is becoming increasingly challenging. With an industry-wide focus on legal benefits and risks tied to new electric and autonomous vehicle technologies, including government regulations, cyber security and litigation – this will garner more legislative and regulatory attention.

These developments have spurred novel litigation strategies and escalated the financial implications of courtroom battles, ensuring that our upcoming discussions will be as timely as they are critical.

In light of these developments and controversies, we have designed this year’s Legal, Regulatory and Compliance Forum for the AUTO Industry to address these challenges and to help you prepare for the emerging legal and regulatory paradigm.

For legal practitioners leading and innovating the automotive industry, attendance at this year’s forum is not an option – rather a strategic imperative. Our faculty will empower stakeholders with wining strategies, equipping them to tackle the most pressing challenges head-on.

We look forward to seeing you in Chicago in March!

ADVISORY BOARD

2024 CHAIRS

Michael Carroll Director, Associate General Counsel Subaru of America Inc

Brian Kapatkin Associate General Counsel, Automotive Product Regulatory & Litigation Volkswagen Group of America

Brittany Wilson Corporate Counsel Mercedes-Benz USA

Antony Klapper Deputy General Counsel, Product Liability & Regulatory Volkswagen Group of America Inc

Allison Shue Assistant General Counsel Toyota North America

Michael Gallub Partner Shook, Hardy & Bacon LLP

Hon. David Lawson US Districti Court Judge Eastern District of Michigan

Hon. Jose Linares (Ret.) Partner, McCarter & English US District Court Chief Judge District of New Jersey

User-Alt

Andrew Bloomer Partner

Kirkland & Ellis LLP

Thomas Branigan

Executive Managing Partner Bownman and Brooke LLP

Ann Carlson

Acting Administrator

National Highway Traffic Safety Administration (NHTSA)

Michael Carroll Director, Associate General Counsel Subaru of America Inc

Michael Cooney Member

Dykema Gossett PLLC

James Denvil Partner, Global Regulatory Hogan Lovells

Basheer Ghorayeb

Managing Counsel, Business Litigation and Warranty/Lemon Law

Toyota Motor North America, Inc.

Jay Goldbaum

Deputy General Counsel

The Shyft Group

Ryan Harrington

Principal Exponent

Christie L. Iannetta Partner

Nelson Mullins Riley & Scarborough LLP

Leah R. Imbrogno Partner Foley & Lardner LLP

DISTINGUISHED SPEAKERS

User-Alt

Nicholas C. Johnson

Senior Counsel, Breach of Warranty & Single Incidents

Volkswagen Group of America, Inc.

Brian Kapatkin

Associate General Counsel, Automotive Product Regulatory & Litigation Volkswagen Group of America

Michelle La Count

Project Director, Client Services Epiq Global

Hon. David Lawson

US District Court Judge Eastern District of Michigan

Carlos Lazatin

Partner O’Melveny & Myers LLP

Hon. Jose Linares (Ret.)

US District Court Chief Judge District of New Jersey

Michael Mallow

Managing Partner Shook, Hardy & Bacon

Matthew Marmolejo Partner

Mayer Brown

Ryan McCarthy

Deputy General Counsel

Tesla

Beth Mykytiuk

Associate General Counsel, Product & Regulatory Zoox

Chris Nalevanko General Counsel Zoox

Chad A. Peterson

Corporate Counsel – Litigation Mercedes-Benz USA

Terri Reiskin Partner

Nelson Mullins Riley & Scarborough LLP

David Rice Partner Squire Patton Boggs

Daniel Rustmann Co‑Chair, Global Automotive Practice Butzel

Justin Savage Partner

Sidley Austin LLP

Jacqueline Seidel Partner King & Spalding LLP

Robert Shields Partner

Wilson Turner Kosmo LLP

Neal Walters Partner Ballard Spahr

Steven Wernikoff Partner, Co Leader, Data Privacy and Cyber Security Group, Co Leader Autonomous Vehicles Group Honigman LLP

Brittany Wilson Corporate Counsel Mercedes-Benz USA

APre-Conference Workshop: March 5th, 2024

8:30am–12:00pm (Registration begins at 8:00am)

CLASS ACTIONS AND MDL WORKING GROUP: A Crash Course in Automotive Product Liability Class Actions and MDLs

With the changing landscape of automotive class actions, the trends and developments in this arena are also undergoing transformation. Highest exposure claims and mass torts involving a wide range of high exposure concerns routinely faced by the automotive industry including rollover, crashworthiness, airbags, restraint systems, seat backs, advanced driver assistance systems, and more. Attend this workshop to gain insights from product liability and mass tort legal experts who have adeptly represented top automotive firms in intricate, high-stakes court battles. battles. Topics of discussion will include:

PART I: Assessing the advantages and challenges of MDLs versus individual lawsuits or class actions

• Assessing the advantages and challenges of MDLs versus individual lawsuits or class actions

• Discussing strategic decisions for entering into an MDL and the impact on the defense strategy

• Jurisdictional challenges and venue considerations

» Navigating the legal and practical implications of various jurisdictions within MDLs

» Venue selection strategy and its importance in MDLs

• Pretrial procedures and discovery in MDLs

» The complexities and logistical considerations of pretrial proceedings in MDLs

» Managing extensive discovery processes and coordinated pretrial motions

• Settlement dynamics in MDLs

» The negotiation process and settlement strategies within MDLs

» Determining fair and adequate settlements across multiple plaintiffs

• Emerging trends and recent case law impacting MDLs

» Examining recent MDL decisions and trends in auto product liability

» Potential implications of current legal developments on future MDLs in the automotive

Andrew Bloomer Partner Kirkland & Ellis LLP

PART II: Understanding the key focal points in automotive class actions

» Identifying types of claims

» Personal jurisdiction challenges

» Actual manifestation of alleged defect

» The importance of affirmative defenses at all stages of your case

» Damages and counterarguments

» Class certification

» Settlement negotiations

• Determining the most effective strategies and risk management initiatives needed to reduce the risk of future claims and obtain favorable results when litigation arises

» Learning from the experiences of litigators who have successfully defended leading auto companies

» Identifying winning strategies and applying these approaches to your cases

DAY ONE: March 6th, 2024

7:45 Registration and Continental Breakfast

8:45 Co-Chairs’ Opening Remarks

Antony Klapper Deputy General Counsel Volkswagen Group of America Inc

Allison Shue Assistant General Counsel Toyota North America

Michael Gallub Partner Shook, Hardy & Bacon LLP

9:00 POLITICS, POLICIES, AND THE REGULATORY ROAD AHEAD for the Auto Industry

This opening session will detail the intersection of policy and automotive innovation. From the ripple effects of the CHIPS Act, to navigating turbulent supply chains, and the potential impact of political shifts on the horizon, this discussion will provide you with insights into the latest developments in politics, policy, regulation, and legislation shaping the automotive industry. Topics of discussion will include:

• Detailing the direct effects on automotive semiconductor supply and how manufacturers can leverage new government incentives via the CHIPS Act

• Understanding the impact of the U.S. Infrastructure investment and Jobs Act on the auto industry, with a comparison to the European Union’s strategies such as the European Chips Act

• Evaluating the automotive implications of potential policy changes under a new administration, including trade agreements, environmental regulations, and manufacturing incentives

• Scrutinizing the advancement of emission standards under frameworks like the EU’s Fit for 55 and the U.S. EPA’s evolving regulations

• Addressing the implications of legislative measures such as the GDPR in Europe and proposed U.S. federal privacy laws on connected and autonomous vehicle technologies

Justin Savage Partner Sidley Austin LLP

INTERVIEW with NHTSA on Regulatory Oversight, Recalls and Safety Standards

Stephen Hench Senior Trial Attorney U.S. Department of Transportation, NHTSA

INTERVIEWED BY

Matthew Marmolejo Partner

Mayer Brown

10:30

11:00 Exploring Latest Trends in Defending and Managing Automotive Class Actions

Automotive innovation is accelerating at an unprecedented pace, and so is the complexity of the legal challenges accompanying this growth. This session will detail the latest developments in automotive product liability, class actions, and MDLs, offering deep insights and strategies to not only respond to these changes but to anticipate and prepare for the legal road ahead. Topics of discussion will include:

• Identifying litigation trends influenced by new technologies and regulatory changes

• Developing strategies to proactively address litigation risks before they escalate

• Comparing the complexities of managing MDLs versus class actions across various jurisdictions

• Implementing effective approaches for streamlining proceedings and minimizing litigation exposure

• Exploring effective defense strategies and the role of expert witnesses in deconstructing class action claims

• Examining case studies where defense strategies and expert testimony have significantly influenced outcomes

• Analyzing recent case law and trends in class action settlements

• Piggy-backing Class Actions on Vehicle Recalls or Service Campaigns

» Ways to avoid or minimize piggy-backing class actions

» Rights and remedies of the OEN

» Law of prudential mootness and related defenses

» Strategies to combat and neutralize liability and damage theories

» Potential creative resolutions

MODERATOR:

Michael Gallub Partner Shook, Hardy & Bacon LLP

Carlos Lazatin Partner

O’Melveny & Myers LLP

Terri Reiskin Partner

Nelson Mullins Riley & Scarborough LLP

Jacqueline Seidel Partner King & Spalding LLP

Latest Technological Advancements and their Legal, Regulatory and Compliance Challenges

12:00 PART I: Driving Automation Systems – Exploring Liabilities in ADAS Technology

ADAS technology is rapidly advancing – with testing protocols, standards, and proposed regulations constantly in flux. Alongside the technical evolution, the legal ramifications of using and operating ADAS are also advancing. Topics of discussion will include:

• Examining real-world ADAS accident investigation case studies

• Analyzing the current state of product liability litigation related to these technologies

• Examining the interplay between insurance dynamics and criminal liability

• Understanding how legislative policies frame liability

• Exploring the legalities of cybersecurity and privacy in ADAS

Michael Carroll Director, Associate General Counsel

Subaru of America Inc

Christie L. Iannetta Partner

Nelson Mullins Riley & Scarborough LLP

Michael Cooney Member

Dykema Gossett PLLC

1:00 Networking Luncheon

2:00 PART II: The Legal and Regulatory Dynamics in Autonomous Vehicle Technology

The landscape for autonomous vehicles remains without federal rules or regulations, leaving the legal implications for these vehicles open to interpretation and industry standards. Recent safety incidents have heightened the spotlight on this emerging technology, with many legal conundrums. Topics of discussion will include:

• Highlighting the different approaches to this field across various states and jurisdictions

• Defining the legal guidelines and forecasting rules and regulations for autonomous vehicles

• Examining insurance and criminal liability in the AV context

• Conducting risk assessments for real world AV trials

• Anticipating what is on the federal horizon

3:00 PART III: Navigating the Legal and Regulatory Landscape of Electric Vehicles

• Exploring safety and environmental legislation affecting EV batteries, from production to end-of-life disposal and recycling

• Analyzing the implications of the Corporate Average Fuel Economy (CAFE) Standards on fuel economy targets

• Assessing the implications of EV warranties, consumer rights, and how they’re governed by existing protections

• Detailing how the Clean Air Act is impacting the development and adoption of EVs

• Understanding the legal implications of integrating ADAS and autonomous technologies in EVs

• Adapting to new insurance models and liability considerations unique to the EV landscape

4:00 Afternoon Networking Break

4:30 DECIPHERING AUTOMOTIVE CYBERSECURITY: Legal Insights for In-House

• Examining vehicle manufacturers use of data acquisition

• Anticipating ways in which insurance companies are acquiring data and how those impacts privacy considerations and payouts

• Addressing security and privacy considerations for data acquisition

• Interpreting current state laws related to submission of data by OEMs

• Class actions and product liability cases based on cyber security issues

5:30 Closing Remarks from the Chairs and Conference Adjourns to Day 2

Ryan Harrington

Principal Exponent

Beth Mykytiuk

Associate General Counsel, Product & Regulatory Zoox

Brian Kapatkin

Associate General Counsel, Automotive Product Regulatory & Litigation

Volkswagen Group of America

Michael Mallow Managing Partner Shook, Hardy & Bacon

and Outside Counsel

Steven Wernikoff Partner, Co Leader, Data Privacy and Cyber Security Group, Co Leader Autonomous Vehicles Group

Honigman LLP

Volkswagen Group of America

User-Alt

Michelle La Count

Project Director, Client Services

Epiq Global

Chris Nalevanko

General Counsel

DAY TWO: March 7th, 2024

8:00 Registration and Continental Breakfast

8:30 Co-Chairs’ Opening Remarks

Athony Klapper

Deputy General Counsel

Volkswagen Group of America Inc

Allison Shue

Assistant General Counsel

Toyota North America

8:35 AUTOMOTIVE MANUFACTURERS IN-HOUSE COUNSEL THINK TANK: Managing Litigation, Containing Costs and Achieving Resolution

Join us for this in-house meeting of the minds, where counsel from leading automotive manufacturers will discuss their day-to-day litigation management challenges as well what keeps them up at night. Points of discussion will include:

• Exploring strategies for efficient litigation management tailored to the auto industry

• Discussing innovative approaches to cost containment in legal operations

• Identifying key factors for successful dispute resolution and settlement negotiations

• Examining the role of in-house counsel in steering company-wide litigation risk mitigation

Michael Gallub Partner

Shook, Hardy & Bacon LLP

MODERATOR:

Thomas Branigan

Executive Managing Partner

Bownman and Brooke LLP

Jay Goldbaum

Deputy General Counsel

The Shyft Group

Brittany Wilson

Corporate Counsel

Mercedes-Benz USA

Ryan McCarthy

Deputy General Counsel

Tesla

9:35 VIEW FROM THE BENCH

Distinguished jurists share their thoughts on what’s on the horizon for automotive cases including settlement and mediation.

MODERATOR:

Neal Walters

Partner

Ballard Spahr

Hon. David Lawson

US District Court Judge Eastern District of Michigan

Hon. Jose Linares (Ret.) Partner, McCarter & English US District Court Chief Judge District of New Jersey

DAY TWO: March 7th, 2024

11:00 Strategies for Overcoming Legal Risks Associated with Supply Chain Bottlenecks

The modern auto industry operates globally on a “just in time” model, meaning little inventory is maintained, and goods are received just as they are needed at the manufacturing or assembly point. While this lean method saves costs, it leaves the industry highly vulnerable to supply chain disruptions. Assembly line shutdowns result in millions of dollars per day in lost profits, and the costs of expedited shipments and similar measures to avoid shutdowns are very expensive in themselves and present frequent points of contention throughout the supply chain. Further, disrupting the manufacturing process can result in quality issues. The unrelenting cascade of supply chain disruptions over recent years – from pandemic shutdowns and other natural disasters, to semiconductor shortages, logistical bottlenecks, and economically motivated supplier delivery stoppages -- have strained the system enormously and kept automotive buyers, sellers, and their lawyers up many a late night.

This session will explore:

• Recent developments in supplier injunction, force majeure, and related commercial litigation and suggest contracting practices and related techniques to help mitigate the risks of supply chain disruptions.

12:00

PERSONAL

Daniel Rustmann

Co‑Chair, Global Automotive Practice Butzel

Leah R. Imbrogno Partner Foley & Lardner LLP

JURISDICTION AND LEGAL STANDING: Recent Developments and Responding to the Change in Landscape Following the Supreme Court’s Mallory and Ford Decisions

• Reviewing recent court decisions affecting personal jurisdiction in automotive cases in the wake of Mallory and Ford

• Reviewing strategic and other considerations in mounting a jurisdictional defense

• Understanding differences regarding foreign vs. domestic EOMs

• Standing matters in automotive cases (products liability and class actions) including cyber/data breach cases

1:00 Networking Luncheon

David Rice Partner

Squire Patton Boggs

2:00 Analyzing Trial Outcomes for Breach of Warranty/Lemon Law Litigation in Various Jurisdictions

This presentation will highlight the increasing threat that warranty and lemon law litigation poses to auto manufacturers and address key trends, including litigation involving corporate policies, class action type discovery, attorney fees issues, and fraud and punitive damage claims. This panel will present strategies to reduce the number of lawsuits filed and efforts to handle matters quickly.

• Navigating warranty, recall, and pricing disputes between OEMs and suppliers

Basheer Ghorayeb Managing Counsel, Business Litigation and Warranty/Lemon Law

Toyota Motor North America, Inc.

Nicholas C. Johnson Senior Counsel, Breach of Warranty & Single Incidents Volkswagen Group of America, Inc.

Chad A. Peterson Corporate Counsel –Litigation

Mercedes-Benz USA

Robert Shields Partner

Wilson Turner Kosmo LLP

DAY TWO: March 7th, 2024

3:00 Overcoming the Ethical Guidelines of AI and Driverless Cars

There are many complexities in developing all the enablement’s to support a driverless car ecosystem, including balancing sensor-based hardware and AI software in outdoor environments that are under constant change. In addition, surface logistics, new regulatory and monitoring controls, and of course AI software ethical guidelines to govern the operational risks and decisions that a driverless car would need to navigate, if no humans were on board.

In this session, topics of discussion will include:

• Uncovering the intricacies of vehicle data privacy

• Addressing who owns and controls the ever-growing stream of automotive data

• Understanding the importance of transparency in the utilization of vehicle data and the implications for end-user risk awareness

• Detailing accountability for autonomous vehicle technology, especially when errors lead to accidents

• Examining the ethical framework guiding autonomous vehicles’ decision-making processes in critical situations

• Assessing the environmental and employment impacts of shifting towards a driverless car-dominated future

4:00 Closing Remarks from the Chairs and Conference Concludes

James Denvil Partner, Global Regulatory Hogan Lovells

hands-helping BECOME A SPONSOR

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@AmericanConference.com

CONTINUING LEGAL EDUCATION CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.AmericanConference.com/Accreditation/CLE/

American

To take advantage of these rates, please contact the hotel directly.

Please note that the

room block cut-off date is

that date OR when the room block fills,

rate can no longer be guaranteed.

C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed.

Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.

2024