The Journey to Developing Connected and Autonomous Vehicles
Building and Financing
Deploying
Protecting and Defending
Covington's leading team of
Building and Financing
Financing
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TECH AND IP TRANSACTIONS
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Global Data Privacy
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5G Connectivity and Spectrum Access
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Financing
Structure corporate financing transactions that factor in commercial and regulatory considerations.
Covington handles corporate finance, M&A, and corporate governance for CAV companies, including innovative structures to address the high-capital and critical talent needs of the industry.
Corporate formation and governance, including complex LLCs that reflect the roles of members in the development and commercialization of CAVs.
TECH AND IP TRANSACTIONS
Collaborate with key partners and suppliers to develop, procure, and license technology, intellectual property rights, products, services, and data for CAVs, including cross-border transactions.
Strategic partnerships.
Covington assists clients in structuring and executing partnering transactions across the range of technologies, products, services, and intellectual property critical to CAVs.
Global Data Privacy
Evaluate data privacy risks and evolving compliance requirements for collecting, using, and sharing data in relation to CAVs (operators, passengers, bystanders) across all relevant jurisdictions.
Covington assists clients in understanding the privacy implications of automated and connected vehicles, including in-vehicle services, and addressing issues such as consent, transparency, privacy-by-design, and international transfers of personal data.
Deploying
Public Policy
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Global Regulatory Compliance
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Protecting and Defending
Patents/IP Rights Enforcement and Defense
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PRODUCT LIABILITY / LITIGATION
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Insurance Coverage
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Patents/IP Rights Enforcement and Defense
Review scope of protections for CAV company clients (including works created by AI) and third parties, and assess potential IP-related opportunities and risks.
Federal Court, U.S. International Trade Commission (ITC), and Patent Trial and Appeal Board (PTAB) patent litigation.
Drawing on our extensive cross-disciplinary IP expertise, Covington advises clients on strategies to efficiently and effectively defend third party claims asserted against CAV technologies, and to monetize IP in accordance with business objectives.
Product Liability/Litigation
Protect CAV company interests in government investigations and as trial and appellate counsel in actions initiated by the government or private entities.
E-discovery.
Our multidisciplinary team integrates industry expertise with our sophisticated trial and appellate experience, as well as our substantial experience with government investigations to provide top-notch counseling for clients in the CAV space.
Global Regulatory Compliance
Ensure compliance with local and cross-jurisdictional regulatory requirements in connection with CAV operations and monitor ongoing developments worldwide.
Local, state, federal and country-specific requirements for testing CAVs on public roads and deploying CAVs in transportation-as-a-service and other CAV business models.
Covington’s extensive experience in regulatory advisory and advocacy work, our presence in key locations around the world, and our deep bench of former government officials allow us to counsel clients on a broad range of issues before U.S. federal and key state government bodies, as well as in jurisdictions across the globe such as the European Union, China, the Middle East, and Africa.
Public Policy
Proactively communicate the benefits of CAVs to policymakers and regulators, respond to policy concerns, and join our clients as thought leaders to enable the progress of the CAV industry.
Understanding how governments around the world, including in many critical state and municipal jurisdictions, make decisions.
We leverage our extensive insights and industry knowledge regarding legal, policy, and political dynamics important to client interests to convey our clients’ positions to lawmakers in jurisdictions across the world.
Insurance Coverage
Evaluate sufficiency of insurance coverage with respect to risks raised by CAVs and their associated technologies and services, and pursue insurance claims.
Strategic Considerations
Covington Capabilities
Assessing portfolio of insurance policies (e.g., product liability, cybersecurity, product recall, tech errors & omissions, directors & officers).
Covington has the top-ranked policyholder practice in the U.S., with over 100 insurance coverage lawyers, and one of the leading practices in the UK. We advise clients on potential insurance gaps and issues, including those unique to CAVs, AI, and cyber-physical risk. With each new insurance claim dispute, we carefully weigh litigation, negotiation and alternative dispute resolution options.
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Sarah Wilson
Suzanne Bell
Palo Alto
Washington
Washington
Jennifer Johnson
Key Action
Strategic Considerations
Covington Capabilities
Key Action
Strategic Considerations
Covington Capabilities
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Strategic Considerations
Covington Capabilities
Key Action
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Strategic Considerations
Covington Capabilities
Strategic Considerations
Covington Capabilities
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Strategic Considerations
Covington Capabilities
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Strategic Considerations
Covington Capabilities
Key Action
Safety By Design
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CyberSecurity
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Patents/IP Rights Protection
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Artificial Intelligence (AI)
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Safety By Design
Ensure that CAV vehicles, components, and IoT connected devices, as well as associated services, are designed and developed to comply with governing regulations
National Highway Traffic Safety Administration (NHTSA) regulations.
Covington has achieved successful results for our clients before federal and state agencies that develop and enforce consumer product safety laws.
Strategic Considerations
Covington Capabilities
Key Action
Cybersecurity
Meet regulatory expectations for CAV data devices and systems, assess and mitigate vulnerabilities, and prepare for incident response.
Data breach prevention and mitigation, including best practices and compliance.
Covington’s cybersecurity practice distinguishes itself by its deep understanding of risks at the intersection of law, policy, and technology, and how to mitigate the increasingly significant threats aimed at systems and information.
Strategic Considerations
Covington Capabilities
Key Action
Patent/IP Rights Protection
Obtain patents that protect CAV-related technologies, and develop global strategies and policies to identify, evaluate, and protect IP assets of all types, including data.
Strategic development of patent, trade secret and copyright protection for CAV-related inventions.
Because Covington’s patent lawyers also have experience in patent litigation and Patent Trial and Appeal Board (PTAB) trials, we plan beyond patentability toward meaningful enforceability of patents when tested in post-grant proceedings or in litigation.
Strategic Considerations
Covington Capabilities
Key Action
Artificial Intelligence (AI)
Monitor evolving industry best practices and emerging legal and regulatory frameworks for AI and connected devices, and maintain flexibility to adapt.
Develop a framework for AI governance and implement a “Trustworthiness-by-Design” program that addresses (for example):
Covington’s AI expertise comprises a multi-disciplinary team of regulatory, transactional, and litigation lawyers who are thought leaders in addressing the broad range of AI-related issues that need to be considered with CAV technologies. We guide our clients in emerging best practices and regulatory developments.
Strategic Considerations
Covington Capabilities
Key Action
Design and Development
5G Connectivity and Spectrum Access
Secure access to spectrum and other infrastructure to support CAV connectivity needs, including increased capacity for AI in the cloud, and support compliance with government regulations.
Securing access to spectrum for IoT functionality.
Our industry-leading practice advises clients on how the telecommunications regulatory framework impacts various CAV/IoT use cases, and assists them in navigating regulatory challenges.
Strategic Considerations
Covington Capabilities
Key Action
Design and Development
Frankfurt
Dr. Moritz Hüsch
Beijing
Yan Luo
Providing notice and, where required, obtaining consent for the processing of personal data.
Addressing trans-border data flow issues, including global codes of conduct and intra-company agreements.
Adhering to the worldwide data protection regimes and responding to data rights requests.
Ensuring that privacy standards are appropriate for outsourced service arrangements and transactions.
Ensuring that documentation adequately addresses contractual rights/limitations.
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Complex IP licenses.
Prototyping, development, and joint development agreements.
Asset acquisitions.
Data collaborations and exchanges.
Cloud services agreements.
Research agreements.
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Equity incentive plans for a variety of corporate structures.
Initial funding and capital financings, private equity, project finance structuring, cross-border financing, corporate venture capital.
Joint ventures and partnerships.
Growth through acquisitions.
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Issues before NHTSA, the FTC, and the FCC (including RF device compliance).
CFIUS and foreign investment.
FCPA, Bribery Act, and international corruption compliance.
International trade issues and venues.
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Participating in the formal and informal proceedings government agencies pursue in decision-making.
Assessing the role grassroots, the media, NGOs, and advocacy groups play in advancing policy objectives.
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Use of unlicensed bands versus licensed spectrum.
Internet connectivity and related regulatory obligations.
Addressing related infrastructure questions.
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Assert patent, trade secret and copyright protected IP assets in accordance with business objectives.
Defend against charges alleged infringement of third party patents and copyrights and misappropriation of third part trade secrets.
Assert and defend against issues arising at the intersection of IP and antitrust law.
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Understanding applicability of preemption and product recalls.
Assessing the impact of manufacturing deficiencies and liability of component part manufacturers.
Conducting risk assessments.
Leading due diligence investigations to evaluate potential product liabilities.
Engaging with the CAV industry and regulators to propose and evaluate alternative compensation regimes besides tort law.
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Negotiating policy terms with insurers to reflect the unique needs of CAV companies.
Working with experienced insurance recovery counsel in the event of claim disputes.
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- Transparency.
- Safety, security, and reliability.
- Fairness.
- Testing and auditing.
- Redress.
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Identify IP that is needed to provide competitive advantage and maintain or increase market share.
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Prepare and prosecute patent applications that block competitors from using your inventions.
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Identify assets to be protected by copyright and trade secret.
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Ensure robust contractual protection and security of critical data.
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Allocation of security-related risks and mitigation measures within transactions.
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Development of security protocols and related contractual rights and limitations.
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Consumer Products Safety Commission (CPSC) regulations.
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Environmental Protection Agency (EPA) regulations.
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State-level laws and regulations.
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Federal Communications Commission (FCC) regulations.
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Bringing advanced connected and autonomous vehicles (CAVs) to market requires navigating a complex series of commercial, legal, and regulatory challenges. No matter at which point companies find themselves in the process,
lawyers and advisors
Covington's leading team of
lawyers and advisors
helps clients navigate the path forward.
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