Time (Central) |
Program |
8:30 a.m. |
Registration & Coffee Service
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9:00 a.m. |
Welcome and Introductions
James Weatherholtz, Womble, Bond, Dickinson (US) LLP, Charleston, SC
Natalie Eschbach, Litchfield Cavo LLP, Chicago, IL
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9:15 a.m. |
TREAD vs. ACTIVE - Early Warning Defect and Incident Reporting in the United States and Canada
It has been nearly 25 years since the implementation of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act in the United States, which was implemented with an eye towards giving NHTSA early insight into possible safety issues. TREAD requires vehicle and equipment manufacturers to report to NHTSA on a wide variety of information that could indicate the existence of a potential safety defect or noncompliance and to advise NHTSA of foreign safety recalls and other safety campaigns. Transport Canada plans to introduce Analysis of Companies’ Technical Information for Vehicle and Equipment (ACTIVE), an early warning defect and incident reporting regime similar to TREAD. What does a quarter century of experience with TREAD tell us about early warning regulations? Has TREAD actually lead to increased numbers of recalls and how has it impacted litigation? How has TREAD reporting impacted in-house counsel? Just how similar are TREAD and ACTIVE, and what should counsel have in mind with the implementation of ACTIVE?
Moderator
Timothy Cullen, McMillan LLP, Ottawa, Ontario, Canada
Christie Iannetta, Nelson Mullins Riley & Scarborough, LLP, Washington, D.C.
Joanna Leong, Honda Canada, Markham, Ontario, Canada
Ashleigh Krick, Volkswagen Group of America, Inc., Reston, VA |
10:15 a.m. |
Coffee Break
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10:30 a.m. |
NHTSA Update: Automatic Emergency Braking (AEB) Requirements for Light Vehicles (S-E-A)
As a result of the passing of the Bipartisan Infrastructure Bill (BIL) in 2021, NHTSA will begin to require all “light passenger motor vehicles”, to have Forward Collision Warning (FCW), AEB (Automatic Emergency Braking) and PAEB (Pedestrian Automatic Emergency Braking), for model year 2029 vehicles.
“AEB systems reduce the frequency and severity of lead vehicle and pedestrian collisions. They employ sensor technologies and subsystems that work together to sense when the vehicle is in a crash imminent situation, to automatically apply the vehicle brakes if the driver has not done so, and to apply more braking force to supplement the driver's braking. These systems can reduce both lead vehicle rear-end (lead vehicle AEB) and pedestrian (PAEB) crashes. AEB systems have reached a level of maturity to make a significant contribution to reducing the frequency and severity of crashes and are thus ready to be mandated through adoption of a new FMVSS on all new light vehicles”- United States. National Highway Traffic Safety Administration (NHTSA). (2023). National Highway Traffic Safety Administration NHTSA [Web Archive].
This presentation will explore the 2029 requirements in two parts. The first being an overview of the AEB, FCW and PAEB technology being mandated, how it works, and how these technologies will apply to accident reconstruction and litigated automotive claims. The second part will overview the specific requirements of how the technology is going to be tested and validated, what equipment and specifications will be required to pass these new tests, and examples of what these test scenarios look like.
Meredith Bartholomew, S-E-A, Columbus, OH
Michael Arnett, MS PE, S-E-A, Rolling Meadows, IL |
11:30 a.m. |
Driving Growth and Success: The Ethics of Diversity in the Automotive Industry
In our rapidly evolving and highly competitive market, diversity and inclusion brings a range of perspectives and experiences that drive innovation and improve the overall performance of a company. To better understand customers and maintain a productive and agile workforce, automotive companies must attract and retain top talent that reflects the make-up of our society. From improving product design and developing stronger customer relationships to increasing market share and improved financial performance, the benefits of strategic diversity and inclusion initiatives are clear. This discussion will identify steps that the automotive sector can take to bolster inclusion efforts.
Susan Allen, Stellantis, Brookfield, WI
Marie Chafe, Conn Kavanaugh Rosenthal Peisch & Ford LLP, Boston, MA
Jennifer Reid Egbe, Huie, Fernambucq & Stewart, LLP, Birmingham, AL
Yesenia E. Cárdenas, Nelson Mullins, Plano TX |
12:30 p.m. |
DRI Networking Lunch
Join all seminar attendees for lunch and networking opportunities that are second to none. |
2:00 p.m. |
Getting Right the Right to Repair
The right to repair movement continues to pose unique challenges for the automotive industry. From a consumer’s perspective, the right to repair is deceptively simple – I purchased the product so I am entitled to repair it myself or to take it to a technician of my own choosing for repairs. But there are significant differences between automobile and consumer electronics, for example, that have driven a different conversation about the right-to-repair for automobiles. Automakers also face significantly different product liability risks and warranty issues requiring a more nuanced analysis of the right to repair. The increasing complexity of the technology in automobiles has also made repairing them more difficult and costlier. This has become particularly pronounced with the growth of software within vehicles and their connectivity. This panel will discuss the history of the right to repair within the automotive industry, its current positioning within the intersecting conversations surrounding environmentalism, ESG, consumer rights, and how automakers have (and can) address the challenges ahead.
Moderator
George Wray, Borden, Ladner, Gervais, Toronto, Ontario, Canada
Rustam Juma, Volkswagen Canada, Toronto, Ontario, Canada
Brittney Kohn, Ford Motor Company, Detroit, MI
Liz McNulty, Evans Fears & Schuttert LLP, Newport Beach, CA |
3:00 p.m. |
Human Factors & Driver Behavior in Motor Vehicle Collisions
This seminar explores how experts investigate motor vehicle collisions when liability is contested, such as pedestrian collisions and high-speed intersection collisions. We answer questions such as how do we typically respond to various roadway hazards? How long does it take us to respond? What are the limitations of human factors, driver behavior, traffic engineering research? How do experts determine if a collision was (un)avoidable? We will also go over several, peer-reviewed published research (including our own) that de-bunks myths about typical perception-reaction time for pedestrians, cyclists, and intersection collisions. Lastly, we will explore a few case examples where this type of analysis was used and provided tremendous insight and leverage from a liability perspective.
Dr. Robert Sall (Human Factors Expert With Specialization in Driver Behaviour), J.S. Held
Dana Thorton (Senior Accident Reconstruction Expert), J.S. Held, Greenwood Village, CO |
4:00 p.m. |
Afternoon Riverwalk Stroll
Step outside the seminar venue for an afternoon stroll with colleagues on the Riverwalk. Take in the sights of the city along the picturesque Chicago River. Enjoy time with new connections and admire the public art, explore the marina, stop for a coffee and ice cream, or visit the McCormick Bridgehouse & Chicago River Museum. |
6:00 p.m. |
Premier Networking Reception
Click here for details. |
8:00 p.m. |
Dine-Arounds
Join colleagues and friends at selected restaurants for dinner (on your own).
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