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Transportation

Overview

Crowell & Moring’s transportation lawyers have spent more than four decades helping clients navigate the regulatory, litigation and other legal landscapes on land, in the seas and in the skies.  Now, the transportation revolution is changing everything about how we get to where we’re going and we are at the forefront of law firms guiding companies through this change.

From autonomous and electric vehicles to intelligent infrastructure, we are helping our clients to bring new innovations to market, work with regulators to create safe and effective solutions, and handle the litigation that arises along the way. The Financial Times recognized the work we are doing side-by-side with corporate product development teams in our leading digital transformation initiative, and it named Crowell & Moring one of the “Top Five Most Innovative Law Firms in North America.” At the core of this work, we are supporting the future in autonomous vehicles, drones, micromobility, and software, as our clients reinvent their products, develop new business models, and enhance customer experiences.

Crowell & Moring’s multidisciplinary team is known for handling matters for transportation clients across their businesses and at all stages of development. Our transportation services include:

  • Antitrust Litigation
  • Class Action
  • Government Contract Awards
  • Government Relations
  • Energy Procurement and Environmental Guidance
  • Innovation Protection and IP
  • Litigation Risk Management
  • Warranty and Product Liability
  • Regulatory Compliance
  • Transactions and Financing
  • Marketing and Advertising Guidance

Transportation Experience

Aerospace, Aviation, and Drones

Crowell & Moring’s Aviation Group is one of the firm’s founding practices, and features seasoned former government officials from the Federal Aviation Administration and the U.S. Department of Justice, as well as a certified pilot and flight instructor. The team represents airlines, air cargo companies, aircraft equipment, manufacturers, corporate aircraft owners and operators, and unmanned aerial vehicles (UAV) operators. Our work centers on regulatory matters before the U.S. Department of Transportation and the Federal Aviation Administration, as well as legislative, administrative, enforcement, business aircraft transactions, asset finance, airport and infrastructure projects, and litigation. With sweeping innovations — such as electric and unmanned aircraft systems, automation, and robotics in air traffic management — comes uncertainty for industry. Our regulatory lawyers help players secure a seat at the table as the law catches up with the technology.

Automotive, Electric, and Autonomous Vehicles

Crowell & Moring is on the cutting-edge of autonomous vehicle technology as one of the first law firms in the U.S. to provide regulatory guidance on testing self-driving cars, and we successfully defended an automotive manufacturer in the first-ever vehicle “hackability” litigation. We advise automotive and trucking industry clients on legal issues from product development and launch, to privacy and cybersecurity, and through regulatory compliance and litigation when it arises. We routinely represent and defend leading global automotive manufacturers in class action litigation and other product defect lawsuits, and in intellectual property and antitrust litigation. We counsel our automotive industry clients on warranty, product safety and regulatory compliance matters. Our automotive and trucking industry team includes former agency representatives, federal and state prosecutors, and trial lawyers.

Infrastructure

We work with clients to develop and enhance their operational systems to be more sustainable, accessible, affordable, and safe. Our Global Infrastructure practice and nationally-recognized Government Contracts group help clients shape new opportunities, engage with federal and state actors, win government procurement, and obtain regulatory approvals. This often includes upfront consulting on how to negotiate and structure relationships between designers, contractors, and subs. We also advise on the practical and strategic questions that arise with implementing any large project plan. Our Doha-based team leads high-profile global infrastructure projects, including representation of the Government of the State of Qatar for 15 years on the development of the Hamad International Airport, one of the largest airports and infrastructure projects in the world.

Maritime, Shipping, and Logistics

Our lawyers handle a wide range of port and shipping-related matters on behalf of clients in the energy, transportation, chemicals, food and beverage, security, construction, and other industries. We advise clients on regulatory and infrastructure matters related to government contracts, marina and dock facility planning, permitting, labor, expansion, and customs issues, as well as the Deepwater Port Act, Clean Water Act, and other federal and state laws. We represent shipping industry clients on sanctions issues.  Within the last five years, our team has helped clients develop strategic alliances and joint ventures across the shipping supply chain, with a global reach that spans the European Union, MEA, and China.

Micromobility and Transportation Software

We represent transportation innovators — from leaders in micromobility to software makers — who are powering the transportation technology of tomorrow. Our lawyers partner with product development teams to create legal solutions that will pave the way for innovation. We advise on regulatory compliance, product safety, privacy and cybersecurity, and more as these issues arise in this burgeoning space. We engage with the National Highway Traffic Safety Administration (NHTSA) and the Consumer Product Safety Commission (CPSC) for our clients. When challenges arise, our litigators devise effective strategies that protect our clients’ brands at all stages of litigation.

Rail

Crowell & Moring provides cross-disciplinary, full-service legal guidance to our railroad clients, including regulatory counseling on environmental, labor, product safety, and international trade matters; negotiation of issues involving vendors, unions, employment, government contracts, and tax; crisis management and public relations support; intellectual property and trade secrets advice; and dispute-resolution services. Our award-winning trial lawyers represent railroad interests in federal courts, in derailment litigation and beyond. Most recently, the team won a wide-ranging, multi-forum intellectual property dispute involving Positive Train Control technology, resulting in a finding of willful infringement and a $15 million damages award to our client in a jury trial.

Representative Matters

Aerospace, Aviation, and Drones

  • One of the world’s preeminent airlines in matters ranging from major litigation to FDA guidance as it works to make every step of the travel journey safe for passengers.
  • A global airline in a complex, antitrust consumer class action litigation related to air travel pricing.
  • UAS operators in obtaining FAA permits for operation and meeting FAA regulatory operational requirements.
  • A global technology company in providing client risk mitigation counseling on product safety and privacy and security issues regarding their launch of unmanned aerial systems for use with GoPro cameras.

Automotive, Electric, and Autonomous Vehicles

  • The world’s largest car rental and fleet management company (by market share) in matters ranging from disputes with ports, negotiations related to airport concessions, and counseling regarding vehicle data.
  • A Fortune 20 automobile manufacturer in a precedent-setting putative class action alleging that a vehicle-based IoT product’s vulnerability to hacking constitutes a breach of warranty or product defect.
  • An international automotive safety supplier on international reporting requirements for vehicle and equipment manufacturers in Europe, Asia, and North and South America.
  • A Fortune 50 retailer on negotiation positioning and preferred contract terms for autonomous vehicles used in product fulfilment including raw data, audit rights, value of data, reps, and warranties.
  • A transportation conglomerate on building EV charging station infrastructure across the U.S. and considerations for public-private partnerships, federal collaboration, and power purchasing with energy suppliers
  • A U.S. automotive parts and services company on creation of an EV battery takeback and recycling program.
  • An electric vehicle maker concerning a battery fire incident and providing regulatory and liability counseling.
  • An U.S. automotive parts supplier on labeling, warnings, and litigation risk mitigation for its EV products.
  • A transportation client in connection with potential CPSC reporting obligations regarding the potential for lithium ion battery thermal events.
  • A U.S. automotive parts supplier on import and export implications of EV-equipped vehicles.
  • A major vehicle component supplier to address regulatory and compliance issues with regard to both federal and California heavy duty vehicle standards.

Infrastructure

  • A global blockchain software development company on and distributed ledger technology transactions and network initiatives for blockchain infrastructure participants across the world, including investments involving more than 40 global financial institutions.
  • A data analytics company regarding inbound IT infrastructure and processing capabilities and outbound licensing of APIs and SDKs, as well as negotiation of shared intellectual property rights in artificial intelligence joint ventures.
  • An infrastructure-as-a-service company based in NY that uses blockchain technology on compliance with AML and sanctions laws.

Maritime, Shipping, and Logistics

  • The largest global integrated shipping companies within ocean and inland freight transportation, in connection with its participation in an operational alliance with another large shipping company.
  • A global market-leading logistics company with government contracts, intellectual property risk assessments, customs enforcement, cybersecurity, and regulatory compliance.

Micromobility and Transportation Software

  • A Fortune 20 automotive manufacturer on NHTSA guidelines and regulations and helped them set up protocol, policy, and procedures.
  • A leading technology company on the risks associated with incorporating an AI technology into automobiles and trucks in regards to distracted driving, including nationwide state surveys and mobile phone prohibitions, NHTSA and state guidance, and provided analyses of product liability cases. 
  • A global micromobility company on complex product safety regulatory issues and related IoT matters for a fleet of electric scooters incorporating cutting-edge firmware and various component parts. 
  • A developer of AI-enabled license plate reading technology on agreements with corporate customers and resellers to support commercialization and represent them in two software patent infringement litigations to protect their IP.

Rail

  • A team of transportation engineers and a leading American transportation technology company with joint venture formation and raising more than $200 million in financing to support development of high-speed rail technology, and assisting with strategic business counseling and testing.
  • A rail transportation and real estate company with responding to an incident affecting employees using a connected consumer device.
  • An international rail transportation client on litigation involving conspiracy, monopolization and "essential facility" claims.
  • The German multinational conglomerate and transportation automation company, Siemens in a wide-ranging, multi-forum intellectual property dispute involving Positive Train Control technology, including a jury trial win resulting in a finding of willful infringement and a $15 million damages award, and including defense of 15 inter partes review (IPR) petitions before the USPTO. Siemens Industry Inc. v. Westinghouse Air Brake Technologies, No. 1:16-cv-284 (D. Del.).
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