The 21st century is witnessing a transformative era in transportation, driven by the convergence of evolving transport modes, advanced infrastructure, and groundbreaking technologies. Autonomous Transportation is at the forefront of this revolution, pushing towards a seamlessly integrated intermodal system. This system envisions the unification of automated surface transport – encompassing cars, trucks, light rail, and port operations – with intelligent infrastructure to create a cohesive and efficient network.
The projected advantages of autonomous transportation are substantial and far-reaching. These benefits include a significant reduction in traffic congestion, enhanced fuel efficiency, improved safety records, and considerable cost savings across various sectors. The disruptive potential of this technology is poised to reshape core industries, from automotive and maritime to aviation, rail, public transit, and beyond. While advancements in autonomous transportation technology are accelerating at an unprecedented pace, the adaptation of laws and regulations is comparatively slower. This lag presents challenges in accommodating the diverse stakeholders impacted by this technological shift. Organizations like Holland & Knight’s Autonomous Transportation Team are playing a crucial role in guiding clients through this evolving landscape, helping to define the future of automated transportation within the context of emerging legal, policy, and regulatory frameworks.
Converging Transportation and Technology: A New Era
Holland & Knight stands in a unique position to empower clients in capitalizing on the opportunities and navigating the complexities presented by emerging autonomous transportation technologies. Distinct from many law firms, their strength lies in a deep understanding of both the innovative vehicle technology sector and the established legacy transportation industry. From Silicon Valley startups to infrastructure giants, their team of lawyers and senior professionals brings decades of experience in assisting technology-driven companies. They are adept at achieving client objectives within the existing policy, legal, and compliance structures originally designed for traditional infrastructure. This insider perspective equips them to provide invaluable guidance to clients seeking to thrive in today’s dynamic and competitive marketplace.
The Autonomous Transportation Team at Holland & Knight comprises seasoned professionals, including:
- Former General Counsel and Assistant General Counsel of the National Transportation Safety Board (NTSB), bringing unparalleled insight into safety regulations and accident investigations.
- Former members of Congress with extensive backgrounds in transportation, technology, and telecommunications policy, offering deep understanding of legislative processes and policy development.
- Congressional staff members from key committees overseeing transportation, technology, and telecommunications funding and authorization, providing expertise in navigating government funding and regulatory landscapes.
Comprehensive Legal Counsel for the Autonomous Technology Ecosystem
Holland & Knight’s integrated technology and transportation industry sector groups encompass over 100 attorneys and professionals. This extensive team offers comprehensive legal advice across the entire lifecycle of autonomous technology stakeholders. Their expertise spans a wide range of crucial areas, including:
- Corporate Structuring, Financing, and Mergers & Acquisitions (M&A): Guiding companies through formation, investment, and strategic growth initiatives in the autonomous sector.
- Intellectual Property (IP) Creation, Protection, and Commercialization: Assisting with securing patents, trademarks, and copyrights, and leveraging IP assets for business advantage.
- Federal, State, and Local Public Policy Development: Shaping policy and regulatory frameworks to foster innovation and responsible deployment of autonomous technologies.
- Lobbying and Strategic Advice: Advocating for client interests before government bodies and providing strategic counsel on navigating the political and regulatory environment.
- Regulatory Enforcement Actions: Representing clients in regulatory investigations and enforcement proceedings, ensuring compliance and mitigating risks.
- Cybersecurity, Data Security, and Privacy: Addressing the critical aspects of data protection and cybersecurity in the context of connected and autonomous systems.
- Employment Matters (including employee misclassification class action claims): Navigating the evolving employment landscape and addressing potential labor-related legal challenges in the autonomous industry.
- Insurance and Risk Management Issues: Advising on insurance coverage, risk assessment, and liability considerations specific to autonomous operations.
- Product Liability Counseling and Defense Work: Providing guidance on product safety and representing clients in product liability litigation.
- Land Use and Real Estate Development: Addressing land use and zoning issues related to autonomous infrastructure and deployment.
- Government Contracts: Assisting with securing and managing government contracts in the autonomous transportation space.
- Public-Private Partnership (P3) Formation, Financing, and Dissolution: Facilitating collaborative projects between public and private entities to advance autonomous infrastructure and services.
- Spectrum Management and Procurement: Navigating spectrum allocation and licensing for communication technologies essential for autonomous systems.
- Accident Investigations: Leveraging deep expertise in accident investigation to provide legal counsel in the event of incidents involving autonomous vehicles or systems.
Representative Experience: Pioneering the Autonomous Future
Autonomous Vehicles
- Providing legal counsel to a leading autonomous vehicle company, navigating the complex legal landscape and advocating before Congress and federal agencies to shape favorable regulations.
- Assisting an Original Equipment Manufacturer (OEM) in the development and launch of an innovative on-demand mobility service, including forging strategic partnerships with mobile app-based car rental startups.
- Guiding a group of entrepreneurs affiliated with the Massachusetts Institute of Technology (MIT) in commercializing their award-winning autonomous vehicle technology, derived from the DARPA Urban Challenge.
- Supporting autonomous vehicle suppliers in developing robust research plans and securing necessary permits for on-road testing of their cutting-edge vehicles.
- Advising both startups and established corporations in the development and monetization of advanced mapping and geolocation technologies, encompassing IP protection, licensing agreements, and M&A transactions with a cumulative enterprise value of billions of dollars.
- Facilitating the entry of a voice recognition technology company into the transportation sector, opening new avenues for human-machine interaction in autonomous systems.
- Representing a major transportation network provider in a range of litigation matters related to their development of autonomous transportation technology.
Unmanned Aircraft Systems
- Advocating for a coalition of leading news media companies to ensure federal regulatory policies accommodate newsgathering through the use of drones and unmanned aircraft systems.
- Representing a startup unmanned aircraft technology provider before Congress, the Department of Transportation (DOT), and the White House to promote innovation and favorable regulatory conditions.
- Providing corporate formation, financing, and M&A services to a manufacturer of drone equipment, supporting growth and expansion in the unmanned aircraft systems market.
Autonomous Vessels
- Advising major vessel management companies, owners, logistics services, government entities, and marine energy companies on strategy and legal frameworks for integrating vessel autonomy in emerging commercial and government applications within the autonomous vessels sector.
- Assisting a startup specializing in advanced navigation intelligence data on U.S. Coast Guard regulatory matters concerning the deployment of advanced autonomy on vessels, ensuring regulatory compliance for autonomous maritime operations.
- Guiding a startup autonomous vessel owner on navigating Coast Guard passenger vessel laws and addressing product liability considerations unique to autonomous maritime transport.
- Advising a wing-in-ground craft owner/operator on Coast Guard vessel regulations pertaining to autonomous operations, ensuring safe and compliant operation of novel autonomous vessel types.
- Assisting an autonomous unmanned submersible and underwater vehicle company on compliance with both domestic and international law related to data collection and ocean mapping services, addressing the legal aspects of autonomous underwater vehicles.
Fuel Efficiency
- Advocating before Congress and the National Highway Traffic Safety Administration (NHTSA) on behalf of a transportation material manufacturer regarding Corporate Average Fuel Economy (CAFE) standards, promoting fuel efficiency in transportation.
- Supporting startup companies seeking Department of Energy (DOE) funding for vehicle electrification projects, driving innovation in electric autonomous transportation and sustainable solutions.
Smart Cities
- Assisting state and local governments in securing grants for Smart City initiatives, including the integration of autonomous vehicles, public transit enhancements, and connected vehicle-to-infrastructure (V2I) systems, fostering the development of intelligent urban transportation networks.
- Building strategic partnerships between technology companies and state and local governments to facilitate the growth of the autonomous technology market sector within a supportive regulatory environment.
Spectrum
- Representing a major transportation network provider in litigation and regulatory matters across the United States, addressing spectrum-related challenges in autonomous transportation and connected mobility.
- Advising telecommunications carriers, wireless network providers, major telecommunications equipment companies, and semiconductor companies before the Federal Communications Commission (FCC) on matters related to the emerging 5G standard crucial for vehicle-to-vehicle (V2V) and V2I communication underpinning autonomous driving.
- Counseling communications companies on FCC cybersecurity and data privacy issues, ensuring secure and reliable communication networks for autonomous systems.
Higher Education
- Advocating for universities seeking federal funding to support research, development, and validation of innovative vehicle technologies, fostering academic contributions to the autonomous transportation field.
Logistics
- Assisting logistics companies on aviation and transportation issues related to package delivery, optimizing logistics operations through autonomous transportation solutions.
Insurance
- Advising automotive insurance companies on cybersecurity, privacy, and unmanned aircraft system deployment, addressing evolving risks in the age of autonomous technology.
- Providing counsel to global insurers on emerging risks associated with autonomous vehicles, unmanned aircraft systems, and the Internet of Things (IoT), helping the insurance industry adapt to the rise of autonomous transportation.
