Firms To Watch: Rail and road: litigation and regulation

DLA Piper LLP (US)‘s transportation regulatory practice is chaired by Washington DC-based Paul Hemmersbaugh, who represents auto industry clients in regulatory matters, disputes and litigation, including vehicle safety and emissions regulation and enforcement work; Hemmersbaugh also assists with the regulation of emerging technologies, including electric vehicles, batteries and chargers, and automated driving systems and vehicles.

Rail and road: litigation and regulation in United States

Gibson, Dunn & Crutcher LLP

Gibson, Dunn & Crutcher LLP‘s transportation group routinely appears before both federal and state courts, as well as regulatory bodies. In rail-related highlights, the practice was recently mandated to assist CSX Transportation with a US Supreme Court case involving Ohio’s blocked-crossing law; and to represent Union Pacific Railroad in high-profile appeals. In relation to the road industry, the firm acts for leading auto manufacturers, rental car companies and automobile trade associations, as well as companies involved in the manufacture of transportation industry-related materials. Thomas Dupree Jr, whose career includes serving in the United States Department of Justice, is an experienced trial and appellate advocate; and Raymond Ludwiszewski‘s track record covers defense-side environmental civil enforcement cases. The practice also includes Daniel Nelson, who has a national complex litigation practice; and Los Angeles-based Theodore Boutrous Jr, whose experience encompasses hundreds of appeals, including before the Supreme Court of the United States, federal circuit courts of appeals, and state supreme courts. Other names to note are Jacob Spencer, Rachel Levick and Matt Gregory. All attorneys listed are based in the firm’s Washington DC office unless otherwise mentioned.

Principaux clients

The Association of American Railroads


Union Pacific Railroad Company


BNSF Railway


Norfolk Southern Corporation


CSX Transportation, Inc.


Purple Line Transit Partners LLC


Daimler AG


Mercedes Benz USA


Coalition for Sustainable Automotive Regulation and the Automotive Regulatory Council


Association of Global Automakers


Mitsubishi Motors


Ford Motor Company


Alliance for Automotive Innovation


Ford Motor Company


Fiat Chrysler


Trinity Industries, Inc.


Ingevity


Abertis Infraestructuras


Ullico


Axiom


Hogan Lovells US LLP

Dedicated to delivering solutions’, Hogan Lovells US LLP‘s global automotive and mobility sector practice is consistently mandated by both traditional automotive companies and emerging mobility entities on regulatory matters, including the use of biometric data and incident preparation and response issues. The department also has widely-respected litigation credentials. In relation to rail, the group represents major suppliers to railroads, in addition to light rail transit systems and freight and national passenger railroads; and it has notable expertise in the compliance aspects of transporting hazardous materials by rail. New York-based John Sullivan represents automotive companies in franchise litigation; Michael Kidney defends automotive industry-related lawsuits; and Joanne Rotondi and Ed Fishman are ‘very knowledgeable and responsive’. The practice also includes litigation and trial attorney Ryan Ford; Denver-based Emily Kimball, who is the Railway Supply Institute’s outside counsel; and the firm’s global automotive and mobility sector group co-head, William Yavinsky. Hannah Graae and Carolyn Kraska are other active team members. Kevin Sheys departed the firm in January 2024, and Latane Montague left the team in April 2024. All attorneys named are in Washington DC unless otherwise mentioned.

Responsables de la pratique:

Joanne Rotondi; William Yavinsky


Autres avocats clés:

Michael Kidney; Ed Fishman; Ryan Ford; Hannah Graaed; Carolyn Kraska; Emily Kimball


Les références

Excellent lawyers across the board, but particularly strong drafters who have great strategic insights.

Dedicated to delivering solutions to clients in a timely and cost-effective manner, while understanding how to balance the counterparties’ concerns and issues.

Deep understanding of the rail industry and regulatory environment, which facilitates concise and effective responses for clients.’

Principaux clients

BMW


General Motors


Honda


Hyundai


Kia


Mercedes-Benz


Stellantis


indie Semiconductor


Hyundai Motor America


Genesis Motor America


Nissan North America Inc


Daimler Truck


Goodyear Tire and Rubber Company


Ford Motor Company


TBC Corporation


Alliance for Automotive Innovation


Railway Supply Institute


Washington Metropolitan Area Transit Authority


Denver Regional Transportation District


Principaux dossiers


  • Secured a victory for Hyundai Motor America in a challenge (brought before the Florida Department of Highway Safety and Motor Vehicles by a dealer in the Tampa area) to Hyundai’s requirements for dealers to sell and service Hyundai-Ioniq brand electric vehicles.
  • Provides compliance advice to Nissan North America on numerous topics, including corporate investments and the implications of regulatory and legislative policy changes.

McGuireWoods LLP

The cross-disciplinary transportation team at McGuireWoods LLP represents both Class I and short line railroads on a diverse range of issues. The rail group has extensive experience in the implementation of federal policies, regulations and laws concerning railroad operations, property management and cargo transportation. On the disputes front, it routinely acts in commercial litigation involving federal preemption, real estate, private and public crossings, cargo transportation claims, and contract enforcement and interpretation issues. The practice is also experienced in defending railroads against environmental enforcement actions. In the world of trucking, the group acts in state and federal courts across the country, as well as before the National Transportation Safety Board and in investigations involving the Federal Motor Carrier Safety Administration. Bryan Brantley leads the firm-wide transportation industry group from Pittsburgh, where the primary role of product and consumer litigation specialist Natalie Zagari is serving as national coordinating counsel for a major transportation company. The practice also showcases longstanding commercial litigation expert Eric Bilik; and Christopher Thanner, whose track record includes representing railroads in disputes with state agencies and local governments over vested railroad rights in state-owned and public lands. All attorneys named are based in Jacksonville unless otherwise mentioned.

Responsables de la pratique:

Bryan Brantley; Eric Bilik


Dykema Gossett PLLC

Dykema Gossett PLLC has longstanding experience in representing traditional original equipment manufacturers (OEMs). The team also advises electric and autonomous vehicle companies and suppliers, and its litigators frequently defend automotive product liability, wrongful death, defect, property damage, and recall claims. The litigation practice of automotive industry group director Laura Baucus covers contract terminations, procurement and supply chain issues, and warranty and cost recovery matters. In Detroit, Lisa Brown represents global automotive companies in litigation, while Michael Cooney is litigation department director. Further key lawyers include Los Angeles-based Dommond Lonnie, an expert in automotive liability cases and defending OEMs, and Minneapolis-based Michael Carey, who co-leads the electric and autonomous vehicles and advanced mobility practice. The next line of practitioners includes San Antonio-based Daniela Gonzales Aldape, whose experience includes catastrophic injury and death claims, John Black, an expert in product liability, wrongful death and commercial litigation, and automotive dealer statute-related compliance specialist Robert Hugh Ellis. Nina Gavrilovic, along with Los Angeles-based Samantha Hughes and Dmitriy Kopelevich are other active advisers. All attorneys named are based in Bloomfield Hills unless otherwise stated.

Responsables de la pratique:

Laura Baucus


Autres avocats clés:

Lisa Brown; Michael Cooney; Dommond Lonnie; Michael Carey; Daniela Gonzales Aldape; John Black; Robert Hugh Ellis; Nina Gavrilovic; Samantha Hughes; Dmitriy Kopelevich; Janet Conigliaro


Principaux clients

Tesla


Porsche Cars North America


Kia Corporation


Kia America


Ford Motor Company


Asahi Kasei Plastics North America, Inc.


ZF Group


Harley-Davidson Motor Company, Inc.


Toyota Motor Sales, U.S.A., Inc.


Robert Bosch Gmbh


Principaux dossiers


  • Acted for Tesla in a trial held at a Los Angeles County Superior Court, which ruled in its favor against a plaintiff who alleged her autopilot and airbag systems malfunctioned in her Tesla 2016 Model S.
  • Assisted Ford Motor Company with securing a reversal of a $105m verdict against an auto manufacturer, the case involving allegations of contract breach and misappropriation of trade secrets.
  • Assisted Kia Corporation and Kia America with defending high-exposure airbag litigation matters throughout the country.

Holland & Knight

With ‘significant industry experience that is relevant to clients’ operations’, Holland & Knight‘s widely-respected rail practice acts as counsel to Class I railroads such as BNSF Railway Company. It also represents several Class II and Class III regional railroads. On the road transportation side, the practice operates from several of the firm’s offices, including Jacksonville, DC, Tampa, Chicago, Boston, and Los Angeles, and it represents motor carriers, logistics companies, freight brokers, automotive companies, manufacturers, shippers, and app-based gig economy companies. The practice’s expertise ranges from litigation and arbitration to regulatory and governmental matters, and the firm’s highly-regarded public policy and regulation group also fields a sizeable transportation team. In Jacksonville, William Byrne, who is ‘strongly recommended to everyone’, has longstanding experience in rail, road, intermodal and ocean transportation, while Jameson Rice predominantly practices in road, rail and intermodal transportation and logistics, with a particular penchant for handling warehousing and supply chain issues. The group further includes Dallas-based Charles Shewmake, a specialist in railroad-related litigation and regulatory work; and Linda Auerbach Allderdice in Los Angeles, who has extensive transportation sector experience.

Responsables de la pratique:

William Byrne; Jameson Rice


Autres avocats clés:

Charles Shewmake; Linda Auerbach Allderdice


Les références

The team has significant industry experience that is relevant to clients’ operations, financings and business transactions.

Experience and counsel that are very beneficial given the complexities of clients’ business.

Deep experience in transportation, insightful solutions, and very bright people.

Principaux clients

BNSF Railway Company


XPO Global Forwarding, Inc


Inxeption, Inc.


King & Spalding LLP

Representing automotive and transportation companies and suppliers, King & Spalding LLP‘s recent experience encompasses the the automotive industry’s diesel-related issues. In addition to the firm’s regulatory, enforcement and policy work, the group assists automakers with litigation, government investigations, international trade, and data privacy and security issues. Representing automotive manufacturers and transportation companies in product liability, class action and mass tort actions, Susan Clare chairs the automotive and transportation litigation team from Atlanta, where Geoffrey Drake assists vehicle manufacturers in disputes; Madison Kitchens defends automotive sector-related product manufacturers; and Adam Reinke assists automotive clients with defense-side class actions. In New York, John Hooper‘s track record includes automotive industry-related mass tort litigation settlements, while Jacquie Seidel is a class and mass action litigation specialist. Over in Washington DC, Granta Nakayama‘s experience includes assisting automakers with diesel-related issues, and Ilana Saltzbart advises on battery storage, recycling, transportation, and marketing regulations. The practice further includes Chicago-based Livia Kiser, an adviser to automotive manufacturers, automotive technology companies, distributors and suppliers on vehicle components; and Los Angeles’ product liability expert Susan Vargas.

Responsables de la pratique:

Granta Nakayama; Susan Clare


Principaux clients

AUTOMOBILI LAMBORGHINI AMERICA


Bentley Motors Limited


Daimler AG


Mercedes-Benz USA


Trucks North America


Fiat Chrysler Automobiles (FCA) group companies


Ford Motor Company


General Motors LLC


Kia Motors America, Inc


Porsche AG and Porsche Cars North America, Inc


Tesla


Toyota Motor Sales and Toyota Motor Company


Volkswagen AG


Principaux dossiers


  • Representing Toyota in product liability and class action litigation, involving actions alleging defective batteries, airbags, roof rail systems, HVAC systems, Denso fuel pumps, and inverters.
  • Representing General Motors in various high-profile, high-exposure class action litigation matters throughout the country.
  • Representing Volkswagen in high-profile multi-district litigation involving allegations of defective driver and front passenger airbag inflators, several class actions involving emissions warranties, and multiple product liability matters involving catastrophic injuries.

Nelson Mullins Riley & Scarborough LLP

Nelson Mullins Riley & Scarborough LLP, which acts for a vast array of motor vehicle manufacturers, offers experts in federal and state legislation frameworks, as well as the regulation of motor vehicles. The automotive practice regularly litigates disputes involving class actions, product liability, terminations, relocations, and ownership transfers; and it is particularly involved in franchise and dealership litigation on behalf of major car companies. The firm also houses a robust advisory practice, in relation to distribution models, sales and data privacy; and it is increasingly active in growth areas such as driverless cars, electric vehicles, and over-the-air repairs. In Columbia, Steven McKelvey is consistently mandated by manufacturers of cars, trucks, motorcycles, powersports, and recreational vehicles; Andy Bertron in Tallahassee predominantly represents automotive manufacturers and distributors in vehicle franchise matters, including litigation; and Los Angeles office managing partner Richard Otera is an expert in automotive-related franchise and distribution law, as well as litigation. The practice further includes automotive lawyers Mark Clouatre, Jody Porter and Christie Iannetta in Denver, Los Angeles and Washington  DC, respectively.

Responsables de la pratique:

Steven McKelvey


Principaux clients

Fiat Chrysler (Stellantis)


Ford


General Motors


Honda


Hyundai


Rivian


Subaru


Tesla


Toyota


Volkswagen


Steptoe LLP

Steptoe LLP‘s railroad practice consistently represents major rail carriers in commercial disputes and preemption matters before the Surface Transportation Board (STB). The team also acts in federal and state court cases, as well as arbitration proceedings; and its expertise additionally extends to rail-related safety and environmental issues. Focused on regulatory proceedings, civil litigation and arbitration involving the railroad industry, Linda Stein chairs the firm’s transportation practice; Anthony LaRocca advises railroad clients on complex economic regulations and preemption matters; and Peter Denton also routinely acts for railroad industry clients. The group further includes former chief of staff to the STB’s chair, Tim Strafford; Molly Bruder Fox, whose practice includes  railroad-related litigation, arbitration and regulatory matters; Onika Williams, a specialist in compliance and enforcement issues; Sally Mordi, an adviser to railroad industry clients on regulatory issues; and Tara Woods, who currently serves as an officer on the Association of Transportation Law Professionals’ Young Professionals Committee. All attorneys listed are in the firm’s Washington DC office unless otherwise stated.

Responsables de la pratique:

Linda Stein


Les références

Steptoe has the deepest and most effective roster of transportation regulatory lawyers of any firm in the country.

Principaux clients

BNSF Railway


CSX Transportation


Association of American Railroads


Principaux dossiers


  • Acted for BNSF Railway Company in its participation in a regulatory approval proceeding at the Surface Transportation Board for the proposed merger between Canadian Pacific Railway Company and The Kansas City Southern Railway Company.
  • Co-represented BNSF in the Rail Freight Fuel Surcharge Antitrust Litigation.
  • Representing CSX in its lawsuit against Norfolk Southern Railway Company, which concerns issues over the Norfolk & Portsmouth Belt Line Railroad.

Thompson Hine LLP

Thompson Hine LLP‘s motor carrier practice assists shippers, intermediaries, and carriers with regulatory rule-making proceedings before the US DOT and other federal agencies. It also acts in litigation involving federal preemption matters as well as claims for loss, damage, and delay. The team additionally advises on safety and licensing issues, as well as legislative developments. On the rail transportation side, the firm acts for shippers, electric utilities, and chemical and crude oil companies on regulatory matters, and it also has enviable experience in rail rate cases. Karyn Booth, who is ‘an excellent leader of this group’, represents multinational corporations, trade associations and transportation intermediaries; Sandra L. Brown‘s practice includes regulatory proceedings before the Surface Transportation Board; and Jeff Moreno represents shipper clients and transportation intermediaries. The group also features David Benz, whose workload covers freight railroad regulation; Jason Tutrone, an adviser to motor carriers on regulatory matters; and Columbus-based Dan Ujczo, who assists with both domestic and international matters involving motor carriage. All attorneys listed are in DC unless otherwise mentioned. Former partner Tim Goodman  left the firm in January 2023.

Responsables de la pratique:

Karyn Booth


Autres avocats clés:

Sandra L. Brown; Jeff Moreno; David Benz; Jason Tutrone; Dan Ujczo


Les références

Karyn Booth is an excellent leader of this group and provides great client service.

Karyn Booth is efficient and always delegates assignments to the right level associate or junior partner.

Karyn Booth is a leader in her practice area. Her connectivity to regulatory agencies and upcoming changes in law and regulations allows her to deliver the highest quality advice to clients.

Principaux clients

American Chemistry Council


American Forest & Paper Association


Corn Refiners Association


Costco Wholesale Corporation


Dead River Company


Dow Chemical Company, The


Fertilizer Institute, The


Health and Personal Care Logistics Conference, Inc.


Institute of Scrap Recycling Industries, Inc.


LFS Freight Solutions


National Association of Chemical Distributors


National Industrial Transportation League, The


Nexterus


NiSource Inc.


Southern Company


Toyota Tsusho America, Inc.


Principaux dossiers


  • Representing multiple organizations (ACC, NITL, TFI, and Dow) in urging the STB to adopt revised rules to expand access to competitive switching.
  • Representing the plaintiffs (Southern Company, Ameren Corporation and NiSource) in large antitrust litigation against four large railroads, in relation to fuel surcharges.
  • Advised National Industrial Transportation League on matters involving DOT and Federal Motor Carrier Safety Administration  policies.

ArentFox Schiff

ArentFox Schiff is home to experts in regulatory matters, franchising, distribution, litigation, and corporate law. The practice also comprises specialisms in real estate, vehicle safety, environmental law, and emissions. The client base includes several large retail dealership groups, auto-tech players, and global auto parts, equipment and aftermarket suppliers. The firm additionally acts as general counsel to industry parts supplier associations, as well as dealership and brand advertising associations. Focused on autonomous vehicles, ride sharing, online sales, and direct manufacturer sales, Aaron Jacoby heads the automotive practice from Los Angeles, where Gary Brophy‘s experience includes being the co-founder of an automotive technology business. In New York, litigation specialist Russell McRory, who assists auto dealerships with issues involving factories and franchising, leads the national practice’s East Coast operations; and Michael McMahan represents automobile dealerships in significant disputes involving automotive manufacturers.

Responsables de la pratique:

Aaron Jacoby


Autres avocats clés:

Russell McRory; Michael McMahan; Gary Brophy; David Meyer; Franjo Dolenac


Les références

Able to develop a team approach that is effective.

Principaux clients

McKenna Auto Group


Napleton Automotive Group


Premier Ford NY, Inc. d/b/a Premier Ford and Premier Lincoln


Plante Consulting LLC d/b/a Premier Ford of Bay Ridge


Patchogue 112 Motors, LLC d/b/a Stevens 112 Ford


440 Jericho Turnpike Auto Sales d/b/a Ford of Smithtown and Lincoln of Smithtown


Velocity Truck Centers


Knight Automotive Group


Envision Motors


RunBuggy


Principaux dossiers


  • Defended the Napleton Automotive Group and several employees in litigation against Hyundai Motor America in the Southern District of Florida.
  • Defending the retail automotive industry before the US Federal Trade Commission, which seeks a greater enforcement role in an area typically led by state, as opposed to federal regulators.
  • Regularly advising industry newcomers on the legal and regulatory hurdles to their market penetration strategies.

Dentons

Representing rail carriers, investors and public transit agencies, Dentons‘ transportation practice predominantly assists with matters involving freight railroads and rail passenger carriers, but it also has notable trucking credentials. ‘Widely respected in the transportation industry’, the practice is additionally active in relation to autonomous vehicles. With ‘vast industry knowledge and the ability to deliver results’, David Hirsh, who is experienced in rail-related rate and competition issues, leads the firm’s US transportation and rail practice; former US Supreme Court clerk Simon Steel is an expert in federal appellate work; and James Guinivan assists transportation companies with administrative and appellate matters. Over in Chicago, Shannon Shin specialises in complex commercial litigation and appellate advocacy, while Amber Morris advises on commercial real estate issues. In July 2023, regulatory specialist Theodore Hunt joined the firm as partner from the Surface Transportation Board. All attorneys named are based in the firm’s Washington DC office unless otherwise stated.

Responsables de la pratique:

David Hirsh


Les références

Superior industry knowledge and widely respected in the transportation industry. Access to the team when needed.

David Hirsh has vast industry knowledge and the ability to deliver results.

Principaux clients

Illinois Central Railroad Company


Grand Trunk Western Railroad Company


The Vitales


Principaux dossiers


  • Representing IC in an investigation proceeding requested by Amtrak and initiated by the STB, concerning the causes of alleged delays and substandard on-time performance on Amtrak’s Sunset Limited Service.
  • Representing IC and GTW in a proceeding initiated by Amtrak before the STB, which requests that the agency dictate terms and compensation for the operation of all six of the Amtrak passenger train services operating over IC and GTW lines.
  • Advising The Vitales in its effort to enforce its 1986 agreement with CSX Transportation (as successor to Consolidated Rail Corporation).

Venable LLP

With ‘great experience and technical understanding of key policy issues and challenges’, Venable LLP‘s autonomous and connected mobility practice is particularly experienced in emerging mobility technology.  Its client base includes startups, technology firms, global original equipment manufacturers, major suppliers, and component manufacturers; and in addition to the firm’s representation of corporations, it acts for several trade and industry association clients. The group regularly advises on the issues that arise at the intersection of automation, connectivity, electrification, and safety. Practice head Ariel Wolf is a former senior official at the US Department of Transportation. Beyond his work on high-stakes investigations and regulatory compliance, Wolf serves as general counsel to the Autonomous Vehicle Industry Association. The department also features David Bonelli, a January 2023 partner-level hire from Lyft, where he managed the company’s autonomous vehicle regulatory and legislative portfolio. All attorneys mentioned are in the firm’s DC office unless otherwise stated.

Responsables de la pratique:

Ariel Wolf


Les références

Great experience and technical understanding of key policy issues and challenges.

They are extremely talented and passionate about the subject matter – they know how to get things done.

Principaux clients

Autonomous Vehicle Industry Association (formerly known asthe Self-Driving Coalition for Safer Streets)


Lidar Coalition


Electrify America LLC


Association to Advance Zero Emission Commercial Vehicles


Principaux dossiers


  • Serves as general counsel to the Autonomous Vehicle Industry Association.
  • Serves as general counsel to an association that advances zero emission commercial vehicles.
  • Serves as legal counsel to several leading autonomous vehicle companies.

Winston & Strawn LLP

Increasingly active on behalf of automotive manufacturer clients, Winston & Strawn LLP formed a separate automotive industry group during 2023, which includes both litigation and transactional attorneys. In addition to its longstanding representation of Toyota, the group acts for several electric vehicle manufacturers, as well as vehicle rental, trucking and transportation logistics companies. The firm has also traditionally acted for railroads and rail equipment suppliers. The track record of Chicago-based Bill O’Neil includes several major cases for Hertz Corporation; Troy Yoshino (a February 2023 hire from Squire Patton Boggs) in San Francisco routinely defends class actions; and Brett Johnson heads up the firm’s Dallas litigation practice. Over in DC, Andrew Tauber’s railroad sector experience includes litigating cases under the Federal Railroad Safety Act, the ICC Termination Act, the Federal Employer’s Liability Act, the Locomotive Inspection Act, and the Safety Appliances Act.

Responsables de la pratique:

Troy Yoshino


Autres avocats clés:

Bill O’Neil; Brett Johnson; Andrew Tauber


Principaux clients

Toyota Motor Corporation


Hertz Global Holdings


Honda Motor Co


General Motors Company


Lordstown Motors Corp


Patriot Rail Company LLC


FreightCar America


CSX Transportation


Pasha Automotive Services


Principaux dossiers


  • Represented Versata Software in post-trial motions, further to its successful jury verdict against Ford Motor company for breach of contract and misappropriation of trade secrets.
  • Assisted Hertz with the efficient resolution of 95% of claims by plaintiffs, who alleged they were falsely arrested or detained for not returning their overdue rental cars on time.