Rebecca Baden Chaney, a partner in the firm's Washington, D.C. office, practices in the Mass Tort, Product, and Consumer Litigation and Product Risk Management groups and serves as co-chair of the firm's Transportation Practice. She primarily serves clients in the transportation industry, with an emphasis on automotive and micromobility products, and autonomous and electric vehicles. Rebecca’s practice includes both litigation and product regulatory counseling, to which she brings a deep understanding of the digital transformation that is significantly impacting this industry.
Rebecca litigates complex product-related commercial disputes and consumer litigation as well as class action and mass tort proceedings. Her commercial litigation and counseling practice includes crisis management, warranty, indemnity, and breach of contract matters. Clients appreciate Rebecca’s close coordination with them, her proactive approach, and her critical and creative thinking about each stage in a litigation. For the past six years, she has been ranked by Washington, D.C. Super Lawyers as a “Rising Star,” where she is currently recognized for class action and mass torts and was previously ranked for personal injury – products: defense.
Rebecca advises clients in her product regulatory counseling practice, with a particular focus on autonomous vehicles and other automotive and trucking, micromobility, and consumer products. She counsels clients on product liability and risk management issues during the life cycle of products from pre- to post-launch. This includes advice on product labelling, minimizing risk, and drafting contract language and indemnification provisions, as well as providing guidance on recall and regulatory compliance issues in connection with the National Highway Traffic Safety Administration (NHTSA) and the Consumer Product Safety Commission (CPSC).
As part of her active pro bono practice, Rebecca is especially proud of having argued successfully to the U.S. Court of Appeals for the Sixth Circuit to vacate a district court decision under the Hague Convention on the Civil Aspects of Child Abduction. In this matter, two minor children were to be separated from their primary caregiving mother in the U.S., and sent to Mexico where their estranged father resided. Rebecca then successfully advocated for dismissal of the Hague Convention petition before the district court on remand.
Representative Matters
- Representing leading Tier 1 automotive parts supplier in multiple disputes and litigation concerning defect and indemnity claims; representation includes favorable resolution of a dispute with claims valued in excess of $1 billion.
- Achieved and defended on appeal dismissal on the pleadings for a hotel door lock manufacturer in four consolidated putative class action lawsuits filed by hotels alleging that plaintiffs’ locks were “hackable.”
- Achieved and defended on appeal dismissal on the pleadings for an automotive manufacturer in a putative class action lawsuit alleging warranty, consumer protection and invasion of privacy claims on the grounds that plaintiffs’ vehicles were “hackable.”
- Achieved and defended on appeal dismissal on the pleadings for a smoke alarm manufacturer in a putative class action lawsuit alleging that the products were defective and deceptively advertised.
- Negotiated and supported a limited fund class action settlement to resolve more than 300 lawsuits asserted against a university following its loss of accreditation.
- Representing a medical device manufacturer in product liability litigation filed in multiple jurisdictions in the U.S.
- Achieved dismissal on forum non conveniens grounds of a U.S. component part manufacturer in MDL litigation arising from the crash of Air France Flight 447.
- Resolved successfully pre-suit litigation threatened against product manufacturer concerning marketing contract.
- Advised offshore wind project in potential litigation of force majeure clause.
- Prepared U.S. government contractor to defend breach of contract litigation following its termination of a subcontract.
Rebecca received a B.A. in public relations and political science with a minor in psychology from Syracuse University, magna cum laude, in 2006, where she was elected Phi Beta Kappa. She earned her J.D. from the University of Maryland School of Law, Order of the Coif, magna cum laude, in 2009. While in law school, Rebecca interned with the U.S. Department of Justice in the Antitrust Division, with the Hon. Lynne A. Battaglia, Maryland Court of Appeals, with the National Association of the Deaf, and with the U.S. Attorney's Office for the District of Maryland. Rebecca additionally served as a writing fellow and as a notes and comments editor for the Maryland Journal of Health Care Law and Policy.
Affiliations
Admitted to practice: District of Columbia, Maryland, the U.S. Court of Appeals for the Ninth Circuit, the U.S. Court of Appeals for the Second Circuit, the U.S. Court of Appeals for the Sixth Circuit, the U.S. District Court for the Eastern District of Michigan and the U.S. District Court for the District of Columbia.
Rebecca is active in the American Bar Association, where she is a member of the Litigation and Young Lawyers sections, as well as the Products Liability and Women in Products Liability subsections. Rebecca is also a member of the Product Liability section of DRI.
Highlights, News & Knowledge
Speeches & Presentations
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"The Safety Agencies in Transition – What to Expect at FDA, CPSC, and NHTSA in the First 100 Days," Crowell & Moring Webinar
(March 30, 2017).
Presenters: Cheryl A. Falvey, John Fuson, Matthew Cohen, Scott L. Winkelman, Lauren Bell, Daniel T. Campbell, and Rebecca Baden Chaney.
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“On the Frontier of the Internet of Things: Cybersecurity, Regulation, and Litigation in a Hyper-Connected World,” Joint Program, ABA Public Contract Law Section’s Cybersecurity, Privacy, and Data Protection Committee and Science & Technology Law Section’s Homeland Security Committee
(April 13, 2016).
Presenters: Clifford J. Zatz, Rebecca Baden Chaney, and David Z. Bodenheimer.
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"A Conversation About Driverless Vehicles, Regulation, and Litigation," Products Liability Committee Section of Litigation
(August 26, 2014).
Moderator: Laura Jastrem Walther; Presenter: Rebecca Baden Chaney.
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"Changes to NHTSA Rules: Early Warning Reporting and Recall Procedures," Crowell & Moring Webinar
(October 30, 2013).
Presenters: Daniel T. Campbell, Michael L. Kuppersmith, and Rebecca Baden Chaney.
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"Motor Vehicle Safety / NHTSA: Steering in the Right Direction: What you need to know about NHTSA enforcement, the ‘electrification’ of motor vehicles, and other automotive hot topics," Crowell & Moring Product Risk Management Seminar
(October 19, 2011).
Moderators: Dan Campbell; Rebecca Baden Chaney. Panelists: O. Kevin Vincent (National Highway Traffic Safety Administration); James Chen (Tesla Motors); Joe Stancati (Dana Holding Corporation).
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"Trial Skills: Perceptions of Gender in the Courtroom," American Bar Association, Section of Litigation, Women in Products Liability Regional CLE Workshop, Nashville, TN
(October 2011).
Co-Moderator: Rebecca Baden Chaney.
Publications
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"NHTSA Proposes Rule On Safe Deployment Of Self-Driving Vehicles," The Journal Of Robotics, Artificial Intelligence & Law
(May-June 2021).
Authors: Rebecca Baden Chaney, and Rukiya Mohamed.
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"NHTSA Continues Its Focus on Advancing Autonomous Vehicle Technologies," Journal of Robotics, Artificial Intelligence & Law
(January 2021).
Authors: Cheryl A. Falvey, Rebecca Baden Chaney, and Rukiya Mohamed.
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Micromobility Whitepaper
(December 17, 2020).
Authors: Cheri Falvey, Scott Winkelman, Rebecca Chaney, Carolyn Wagner, Matt Cohen, Mariam Sarwar, Colleen Johnson
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"20 Miles Per Hour Divides NHTSA and CPSC Jurisdiction Over Micromobility Products," Crowell & Moring’s Retail & Consumer Products Law Observer
(August 19, 2020).
Author: Rebecca Baden Chaney.
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"COVID-19 Countermeasure Protections Are Not Absolute," Law360
(April 8, 2020).
Authors: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, and Mariam Sarwar.
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"Autonomous vehicles: Driving regulatory and liability challenges," Automotive World
(April 7, 2020).
Authors: Rebecca Baden Chaney, Evan Y. Chuck, and Maarten Stassen.
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"Transportation – The March to Digital Mobility," Crowell & Moring's Regulatory Forecast 2020
(February 26, 2020).
Contributors: Cheryl A. Falvey, Scott L. Winkelman, Rebecca Baden Chaney, and Mary-Caitlin Ray.
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"Torts – Sharing Supply Chain Risk," Crowell & Moring's Litigation Forecast 2020
(January 22, 2020).
Contributor: Rebecca Baden Chaney.
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"Seven Ways To Prepare Your Legal Department For The Fourth Industrial Revolution," ACC Docket
(September, 2018).
Authors: Scott L. Winkelman, John S. Gibson, and Rebecca Baden Chaney.
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"FDA Issues First-of-Its-Kind Guidance for Manufacturers of 3D-Printed Medical Devices," Crowell & Moring's Recent Happenings in Advertising & Product Risk Management – December 2017
(December 20, 2017).
Authors: Rebecca Baden Chaney, Robbie Rogart, and Chalana Netasha Damron.
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"U.S. Supreme Court: Shaping the Personal Jurisdiction Landscape in Product Liability Cases," Crowell & Moring's Retail & Consumer Products Law Observer
(June 26, 2017).
Author: Rebecca Baden Chaney.
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"Update: Class Action Reform Bill Passes House 220-201," Crowell & Moring's Retail & Consumer Products Law Observer
(March 17, 2017).
Authors: Scott L. Winkelman, Rebecca Baden Chaney and Robbie Rogart.
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"New Vehicles Required to Have Rear-View Technology," ABA Section of Litigation
(July 16, 2014).
Co-Authors: Rebecca Baden Chaney and Michael L. Kuppersmith.
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"Are You Up To Speed? NHTSA Reporting Requirements Are Changing," ABA Section of Litigation
(October 28, 2013).
Co-Authors: Scott L. Winkelman, Cheryl A. Falvey, Daniel T. Campbell, Rebecca Baden Chaney, and Michael L. Kuppersmith.
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"NHTSA Revs Up Campaign Against Distracted Driving," ABA Section of Litigation
(July 29, 2013).
Co-Authors: Daniel T. Campbell and Rebecca Baden Chaney.
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"Is Civil Loss Causation Applicable to Federal Criminal Sentencings?" BNA's Securities Regulation & Law Report
(January 16, 2012).
Co-Authors: Thomas A. Hanusik and Rebecca Baden Chaney.
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"The CPSC Leaps Into China," Crowell & Moring's Retail Law Observer Blog
(January 24, 2011).
Co-Authors: Rebecca Baden Chaney, Bridget E. Calhoun and Natalia R. Medley.
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"CPSC Issues Draft Final Rule Establishing a Publicly-Available Product Safety Information Database," Crowell & Moring's Retail Law Observer Blog
(November 2, 2010).
Co-Authors: Bridget E. Calhoun, Jennifer G. Knight and Rebecca Baden Chaney.
Client Alerts & Newsletters
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"The Supreme Court Rejects "Causation-Only" Test for Specific Jurisdiction,"
Mass Tort, Product, and Consumer Litigation Alert
(March 26, 2021).
Contacts: Rebecca Baden Chaney, April Nelson Ross, Clifford J. Zatz, Gloria Martinez Trattles
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"NHTSA Proposes Rule on Safe Deployment of Self-Driving Vehicles,"
Mass Tort, Product, and Consumer Litigation Alert
(March 24, 2021).
Contacts: Rebecca Baden Chaney, Rukiya Mohamed
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"Omnibus Bill Brings Changes to Aircraft Certification System and Extends CARES Act Lifeline for Air Carriers,"
(December 28, 2020).
Contacts: Rebecca Baden Chaney, Mary-Caitlin Ray
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"Transition 2021: Top Transportation Policy Issues Facing the Biden Administration,"
Biden First 100 Days Series
(December 21, 2020).
Contacts: Rebecca Baden Chaney, Scott L. Winkelman, Byron R. Brown, Mary-Caitlin Ray
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"NHTSA Seeks Guidance on Regulating the Safe Deployment of Self-Driving Vehicles,"
Mass Tort, Product, and Consumer Litigation Alert
(December 7, 2020).
Contacts: Rebecca Baden Chaney, Rukiya Mohamed
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"NHTSA Continues its Focus on Advancing Autonomous Vehicle Technologies,"
(June 25, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, Rukiya Mohamed
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"NIOSH-Approved Respiratory Protective Devices Are Now "Covered Countermeasures" Against COVID-19,"
Mass Tort, Product, and Consumer Litigation Alert
(April 15, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Mariam Sarwar
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"Massachusetts Governor Affirmatively Employs PREP Act Protections in State Healthcare System,"
(April 11, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, Stephanie L. Crawford, Mariam Sarwar
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"PREP Act Immunity from Liability for COVID-19 Related Medical Equipment,"
Mass Tort, Product, and Consumer Litigation Alert
(March 27, 2020).
Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Clifford J. Zatz, Mariam Sarwar
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"NHTSA Announces Historic Proposal to Modernize Vehicle Safety Standards,"
Mass Tort, Product, and Consumer Litigation Alert
(March 19, 2020).
Contacts: Rebecca Baden Chaney, Daniel T. Campbell, Cheryl A. Falvey, Scott L. Winkelman, Rukiya Mohamed
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"Recent Happenings in Advertising & Product Risk Management – December 2017,"
Advertising & State AG Alert
(December 20, 2017).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen, Rebecca Baden Chaney, Chalana N. Damron, Robbie Rogart, Rukiya Mohamed, Kate M. Watkins
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"CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation,"
Advertising & State AG Alert
(June 13, 2017).
Contacts: Scott L. Winkelman, Cheryl A. Falvey, Matthew Cohen, Carolyn W. Wagner, Rebecca Baden Chaney
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"The U.S. House Sets Out To Reform Class and Mass Actions,"
(March 16, 2017).
Contacts: Rebecca Baden Chaney, Robbie Rogart, Scott L. Winkelman
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"NHTSA Addresses Hacking and Cybersecurity,"
Advertising & State AG Alert
(June 1, 2016).
Contacts: Cheryl A. Falvey, Rebecca Baden Chaney
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"NHTSA Identifies Best Practices Regarding Confidentiality Provisions in Settlement Agreements and Protective Orders,"
Advertising & State AG Alert
(June 1, 2016).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney, Danielle Rowan
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"NHTSA Intends to Enforce MAP-21's Indexing Requirement,"
Advertising & State AG Alert
(June 1, 2016).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"Knocking Out Class Actions After Campbell-Ewald: Can Defendants Still Control Their Destiny?,"
Advertising & State AG Alert
(April 4, 2016).
Contacts: April Nelson Ross, Rebecca Baden Chaney
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"Proposed Updates to the Motor Vehicle Safety Act,"
Advertising & State AG Alert
(October 2015).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"Senator Markey Introduces the SPY Car Act to Regulate Automotive Cybersecurity,"
Advertising & State AG Alert
(August 2015).
Contacts: Clifford J. Zatz, Rebecca Baden Chaney, Danielle Rowan
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"NHTSA to Accelerate Rulemaking for Vehicle-to-Vehicle Technologies,"
Advertising & State AG Alert
(May 2015).
Contacts: Rebecca Baden Chaney, Daniel T. Campbell
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"Lawmakers Respond to Record-Breaking Auto Recalls with Proposals for Stricter Regulation,"
Advertising & State AG Alert
(March 20, 2015).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney, Danielle Rowan
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"NHTSA Finalizes Rule Requiring New Vehicles to Possess Rear Visibility Technology,"
Advertising & State AG Alert
(April 17, 2014).
Contact: Rebecca Baden Chaney
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"NHTSA Expands Early Warning Reporting and Recall Management Requirements,"
Advertising & State AG Alert
(August 21, 2013).
Contacts: Scott L. Winkelman, Cheryl A. Falvey, Daniel T. Campbell, Rebecca Baden Chaney
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"The Latest In Advertising Class Action Lawsuits,"
Advertising & State AG Alert
(July 23, 2013).
Contacts: Christopher A. Cole, Rebecca Baden Chaney
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"NHTSA Punts Again On Requiring Rearview Cameras,"
Advertising & State AG Alert
(July 23, 2013).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Successfully Defends Its Roof Crush Resistance Strength Requirements,"
Advertising & State AG Alert
(March 29, 2013).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Proposes Rule To Pump Up The Volume Of Electric And Hybrid Vehicles,"
Advertising & State AG Alert
(January 9, 2013).
Contacts: Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Maximum Civil Penalties on the Rise,"
Advertising & State AG Alert
(November 27, 2012).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"NHTSA Proposes Increases in Maximum Civil Penalties,"
Advertising & State AG Alert
(September 10, 2012).
Contacts: Rebecca Baden Chaney, Scott L. Winkelman
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"NHTSA Issues Notice of Proposed Rulemaking to Expand Regulation of Accelerator Control Systems,"
Advertising & State AG Alert
(April 25, 2012).
Contacts: Daniel T. Campbell, Jeffrey D. Sanok, Rebecca Baden Chaney
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"Compliance with Federal Motor Vehicle Safety Standards May Not Equal Preemption,"
Advertising & State AG Alert
(March 1, 2011).
Contacts: Scott L. Winkelman, Daniel T. Campbell, Rebecca Baden Chaney
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"CPSC Votes To Extend Stay of Certification and Third Party Testing Requirements For Total Lead Content In Certain Products, Including Children's Products,"
Advertising & State AG Alert
(February 2, 2011).
Contact: Rebecca Baden Chaney
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"The CPSC's Draft Final Rule Establishing a Publicly Available Product Safety Information Database Scheduled for Commission Vote on November 17,"
Advertising & State AG Alert
(October 19, 2010).
Contact: Rebecca Baden Chaney
Media Mentions
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