On November 15, 2021, President Biden signed into law the bipartisan Infrastructure Investment and Jobs Act (“Infrastructure Investment and Jobs Act” or “IIJA”). Vehicle, highway, and crash safety improvements were not a major part of the IIJA’s billing. Maybe the lack of publicity on this aspect of the IIJA was the result of the legislation’s overall vast scope. Whatever the reason, the IIJA actually affected (or at least required NHTSA to effect) a number of substantial and consequential vehicle safety initiatives.

It’s now just more than a year after the IIJA’s enactment, so I wanted to discuss the IIJA in the vehicle safety context in a two-part series. In the first part of this series, I discussed what the IIJA is—what did it do/require NHTSA to do? In the second part of this series, I’ll discuss what NHTSA has done to affect the IIJA mandates in the roughly 14 months since it was enacted.

Continue Reading Update on the Bipartisan Infrastructure Law: Where Are We a Year Later? [Part II]

On November 15, 2021, President Biden signed into law the bipartisan Infrastructure Investment and Jobs Act (“Infrastructure Investment and Jobs Act” or “IIJA”). Vehicle, highway, and crash safety improvements were not a major part of the IIJA’s billing. Maybe the lack of publicity on this aspect of the IIJA was the result of the legislation’s overall vast scope. Whatever the reason, the IIJA actually affected (or at least required NHTSA to effect) a number of substantial and consequential vehicle safety initiatives. 

It’s now just over a year after the IIJA’s enactment, so I wanted to take this opportunity to discuss the IIJA in the vehicle safety context in a two-part series. I’ll first discuss what the IIJA is—what did it do/require NHTSA to do? In the second part of this series, I’ll discuss what NHTSA has done to affect the IIJA’s mandates in the roughly 14 months since it was enacted.

Continue Reading Update on the Bipartisan Infrastructure Law: Where Are We a Year Later? [Part I]

For an industry built on disruption and innovation, 2023 promises to be another paradigm-shifting year in automotive. The digital transformation has illuminated the consumer’s desire for game-changing technological innovations, and M&A dealmakers in the auto space who wish to stay competitive need to transform just as fast. In fact, a report from Bain & Company found that scope deals—in which firms penetrate a new market or acquire a new capability—now represent about 70% of automotive and mobility transactions over $100 million. Here’s what you can expect to see in the next 12 months:  Continue Reading M&A Industry Spotlight: Automotive

Part Two of Two – Intelligent Speed Assistance

Last week, the National Transportation Safety Board recommended that all new vehicles be equipped with (a) passive blood-alcohol monitoring and (b) intelligent speed adaptation advanced driver assistance systems (ADAS). The NTSB issued these two recommendations after investigating a horrific New Year’s Day 2021 crash that killed nine people in Avenal, California. That crash occurred when an intoxicated driver crossed the centerline of a two-lane highway. At the time, he was traveling 88-98 mph—33-43 mph above the posted 55-mph speed limit. He struck a pickup head-on, tragically killing himself and a family of eight. The NTSB’s recommendations address two problematic aspects of this driver’s conduct that account for significant societal harm in the U.S.: impaired driving and speeding.

Is this anything new? And does it signify a potential move towards strict products liability by auto manufacturers for driver fault via illegal activity? This two-part post will address those questions. In short, the answers are (a) kind of, but not really, and (b) not quite—these technologies are nascent, not state of the art. Continue Reading Products Liability and Regulatory Implications of the NTSB’s Recent Recommendations on Blood Alcohol Monitoring and Intelligent Speed Assistance [Part II]

Part One of Two – Passive Blood-Alcohol Monitoring

Last week, the National Transportation Safety Board recommended that all new vehicles be equipped with (a) passive blood-alcohol monitoring and (b) intelligent speed adaptation advanced driver assistance systems (ADAS). The NTSB issued these two recommendations after investigating a horrific New Year’s Day 2021 crash that killed nine people in Avenal, California. That crash occurred when an intoxicated driver crossed the centerline of a two-lane highway. At the time, he was traveling 88-98 mph—33-43 mph above the posted 55-mph speed limit. He struck a pickup head-on, tragically killing himself and a family of eight. The NTSB’s recommendations address two problematic aspects of this driver’s conduct that account for significant societal harm in the U.S.: impaired driving and speeding.

Is this anything new? And does it signify a potential move towards strict products liability by auto manufacturers for driver fault via illegal activity? This two-part post will address those questions. In short, the answers are (a) kind of, but not really, and (b) not quite—these technologies are nascent, not state of the art. Continue Reading Products Liability and Regulatory Implications of the NTSB’s Recent Recommendations on Blood Alcohol Monitoring and Intelligent Speed Assistance [Part I]

In a recent meeting with the Original Equipment Suppliers Association (“OESA”), manufacturing human resources representatives were surprised to learn how different California employment laws are from the laws in the rest of the United States. Below is a summary of what laws most surprised the attendees: Continue Reading Original Equipment Suppliers: Be Careful if Expanding Into California

Even in the face of considerable headwinds, dealmakers in the automotive industry have continued to stay busy. The emergence of new technologies continues to transform the M&A market, and automakers who want to stay competitive need to transform just as fast. In fact, a report from Bain & Company found that scope deals—in which firms penetrate a new market or acquire a new capability—now represent about 70% of automotive and mobility transactions over $100 million.

For an industry that’s practically built on disruption and innovation, 2023 promises to be another paradigm-shifting year in automotive. The automaker of tomorrow will do way more than simply manufacture the car you drive—it will enhance your entire in-vehicle experience. 

So what does this mean for automotive M&A in 2023? Find out when we release our 18th Annual Outlook report in November. Here’s a sneak peek at three big trends to watch out for: Continue Reading Is the Electric Revolution Here to Stay? Here Are 3 Major Trends That Will Define Automotive M&A in 2023

In a move that could impact tens of thousands of workers and 30% of U.S. goods, there may be a freight rail stoppage starting Friday, September 14, 2022, if rail operators and unions fail to reach a deal by 12:01 a.m. ET on Friday.  Due to this potential lack of staff, as of Tuesday, September 13, some rail operators even stopped accepting certain freight (such as hazardous materials), because there may not be anyone available to manage and keep it safe.  While the media skews towards doom and gloom—predicting a massive of collapse of the supply chain—experts and commentators do expect that halted freight shipments will disrupt the already strained U.S. supply chain, including automotive and other manufacturing companies that operate on a just-in-time sole source basis. Continue Reading The Next Big Threat to the U.S. Supply Chain Is Coming Sooner Than You Think

Are autonomous vehicles safe? Are they safer than vehicles driven by people? Is one type of autonomous vehicle safer than another? Last week NHTSA released the data it gathered over the last year pursuant to last summer’s Standing General Order requiring autonomous vehicle manufacturers and operators to report crashes in which autonomous driving systems were in use. NHTSA reported separately on data involving (a) advanced driver assistance systems (“ADAS,” i.e. SAE Level 2) and (b) automated driving systems (“ADS,” i.e. SAE levels 3-5). What’s the upshot from NHTSA’s data drop? Well, it’s complicated. Continue Reading Are Autonomous Vehicles Safe? NHTSA Releases Murky Data on 2021-2022 AV Crashes

On March 10, 2022, Deputy NHTSA Administrator Steven Cliff signed a “first-of-its-kind” final rule revising occupant protection standards for automated vehicles. The rule “updates the occupant protection Federal Motor Vehicle Safety Standards [“FMVSS”] to account for vehicles that do not have traditional manual controls associated with a human driver because they are equipped with automated driving systems [“ADS”].” This is essentially NHTSA’s first attempt to address the effects of vehicle automation on crashworthiness systems. Continue Reading NHTSA Issues “First-Of-Its-Kind” Final Crashworthiness Rule for Automated Vehicles