Firms To Watch: Rail and road: litigation and regulation

Rail and road: litigation and regulation in United States

DLA Piper LLP (US)

Headed by Paul Hemmersbaugh in Washington, the team at DLA Piper LLP (US) has experience advising in IP litigation, automotive safety, and emissions regulation.

Principaux dossiers


Gibson, Dunn & Crutcher LLP

With extensive experience acting before the U.S. Supreme Court, regulatory bodies, and the Surface Transportation Board, the team at Gibson, Dunn & Crutcher LLP handles the full spectrum of litigation and regulation mandates. The group has particular strength in environmental litigation and regulation in the rail and road spaces, advising multi-national companies on a range of vehicle and engine emission issues, including the Clean Air Act. Frequently appearing for the Association of American Railroads, Thomas Dupree Jr. is well-versed in a range of product liability and class action matters. Stacie B. Fletcher is the key contact for environmental litigation and mass tort mandates. Further strengthening the team’s environmental offering is Michael Murphy, who undertakes a range of ESG-related issues in corporate transactions and compliance, alongside having experience in investigation matters. Dupree, Fletcher, and Murphy co-lead the practice from Washington, DC. Rounding out the team is Jacob Spencer, also in Washington, who is notable for his work in constitutional law and transactional litigation.

Responsables de la pratique:

Thomas Dupree Jr.; Stacie B. Fletcher; Michael Murphy


Autres avocats clés:

Jacob Spencer


Principaux clients

American Short Line and Regional Railroad Association


Association of American Railroads


BNSF Railway


CSX Corporation


Daimler Truck


Florida East Coast Railway


Mercedes-Benz


Prime Inc.


Star America Rail Holdco, LLC


Tesla, Inc.


Tikehau Star Infra


Union Pacific Railroad Co.


Principaux dossiers


  • Gained a victory in the U.S. Court of Appeals for the Eighth Circuit for the entire rail industry, convincing the court to strike down the Surface Transportation Board’s signature rulemaking, a scheme called final offer rate review, or “FORR.”
  • Secured a favorable settlement for Daimler AG (now Mercedes-Benz Group AG) and Mercedes-Benz USA, resolving industry-wide diesel emissions investigations —without requiring a third-party monitor or auditor.

King & Spalding

King & Spalding has a comprehensive rail and road offering, with experience advising on a range of intellectual property, government investigations, and corporate transactions. In particular, the group excels at environmental regulatory, policy, and enforcement matters. Geoffrey Drake, in Atlanta, undertakes a range of high-profile product liability and mass tort litigation. Specializing in regulation, Granta Nakayama is a key contact; likewise, Ilana Saltzbart is a key contact for environmental issues, both of whom are based in Washington. Drake, Nakayama, and Saltzbart head the team. Atlanta’s Susan Clare is well-versed in representing automotive manufacturers and transportation companies in a broad range of safety matters. In Chicago, Livia Kiser is regarded for her work on issues involving automotive cybersecurity, alternative fuel technology, and autonomous vehicle technology. With experience in the federal and state courts, Adam Reinke is noted for his work in consumer fraud class actions. Working alongside Reinke in Atlanta is Anneke Shepard, who excels in a range of personal injury and product liability matters involving automotive companies.

Responsables de la pratique:

Geoffrey Drake; Granta Nakayama; Ilana Saltzbart


Autres avocats clés:

Livia Kiser; Adam Reinke; Anneke Shepard; Susan Clare


Les références

‘The team is known for its responsiveness, and its bench strength is unparalleled.’

‘What stands out is hands down is the team’s responsiveness.’

 

Principaux clients

AUTOMOBILI LAMBORGHINI AMERICA


Bentley Motors Limited


Fiat Chrysler Automobiles (FCA) group companies


Ford Motor Company


General Motors LLC


Kia Motors America, Inc.


Motive Technologies


New Jersey Governor’s Office


Porsche AG and Porsche Cars North America, Inc.


Tesla


Toyota Motor Sales and Toyota Motor Company


Volkswagen AG


Mullen Automotive


Tractable Inc.


Principaux dossiers


  • Won a complete defense verdict after an eight-day trialon behalf of Motive Technologies, Inc. against Omnitracs, XRS Corporation, and SmartDrive. The plaintiffs alleged that several Motive products infringed eleven patents. Plaintiffs sought damages of over $100M in lost profits and royalties as well as an injunction.
  • Defending three truck manufacturers – General Motors Co., Isuzu Technical Center of America, Inc., and Stellantis N.V./FCA US LLC – in a lawsuit that seeks to void the Clean Truck Partnership agreement these companies (and others) entered with the California Air Resources Board (“CARB”).
  • Representing GM as lead counsel in various litigation matters throughout the country, including amultidistrict litigation in the Northern District of Georgiaalleging that GM and its subsidiary OnStar, and data broker LexisNexis Risk Solutions, collected personal driving information without consent.

Dykema Gossett PLLC

Dykema Gossett PLLC’s Automotive, Mobility & Transportation department handles the full gamut of litigation and regulatory matters, particularly excelling in product liability and high-profile litigation involving catastrophic accidents. Beyond this, the group is also growing its electric and autonomous vehicles offering, with a dedicated team. In Bloomfield Hills, Michigan, Laura Baucus leads the team, where she is highly regarded for her work in warranty and litigation involving troubled suppliers. In Los Angeles, Dommond Lonnie is well-placed to handle a range of class-action defense mandates. Detroit’s Lisa Brown is a key contact for matters related to recall cost recovery. For autonomous vehicle systems and data mining matters, Mark Malven in Bloomfield Hills is a notable name. Split between Ann Arbor, Michigan, and Los Angeles- John Thomas is a seasoned litigator with experience in front of state and federal courts, as well as the Supreme Court. Rounding out the team are John Black in Bloomfield Hills and Daniela Gonzales Aldape in San Antonio.

Responsables de la pratique:

Laura Baucus


Autres avocats clés:

Dommond Lonnie; Lisa Brown; Mark Malven; John Thomas; John Black; Daniela Gonzales Aldape


Les références

‘Mark Malven is one of the leading practitioners in the country in the area of AI-driven automotive autonomy. ’

‘They combine deep legal and industry knowledge with a very pragmatic and service-oriented approach.’

‘Very pragmatic and a deep understanding of the automotive industry and markets.’

Principaux clients

Dennis Speerly


Ford Motor Company (NYSE: F)


General Motors (NYSE: GM)


Harley-Davidson (NYSE: HOG)


MAHLE


Robert Bosch GmbH


Principaux dossiers


  • Represented MAHLE in the sale of its U.S. engineering services subsidiary, MAHLE Powertrain LLC, to Belgium-based Dumarey Group.
  • Secured a complete jury verdict for General Motors in a case alleging that a 1998 Chevrolet truck’s lap-only seat belt was defective and lacked adequate warnings.
  • Contributed to a  Sixth Circuit en banc decision that vacated certification of 26 statewide classes.

Hogan Lovells US LLP

The road and rail offering at Hogan Lovells US LLP is comprehensive, with a strong track record in class action suits and advising on emission standards and fuel economy regulations. Furthering its experience, the team frequently undertakes a range of international trade and labor matters in the sector. In Washington DC, Joanne Rotondi is well-placed to handle government relations for the automotive sector, as well as working on a range of vehicle and product safety, compliance, and rulemaking matters. Emily Kimball leads the rail practice from Denver, where she has a strong focus on environmental issues. Rotondi and Kimball lead the team alongside DC-based William Yavinsky. Also in DC, Ryan Ford is a key contact for vehicle sales and distribution, alongside his experience in litigation for motor vehicle manufacturers. Rounding out the team in DC is Allisa Newman, who undertakes a range of federal regulatory issues.

Responsables de la pratique:

Joanne Rotondi; William Yavinsky; Emily Kimball


Autres avocats clés:

Ryan Ford; Allisa Newman; Edward Fishman


Les références

‘Hogan Lovells offers pragmatic advice that is tailored to our business needs and appreciates the business realities we face. The team members are very strong and knowledgeable in all areas of automotive law.’

‘The group is very focused on client service and very interested in not only understanding the legal issues presented but also the business aspects of the issues they are being asked to address as well.’

‘Joanne Rotondi is a knowledgeable leader in the industry.’

Principaux clients

Railway Supply Institute (RSI)


Rail Security Alliance


Valero, Tesoro, American Fuel and Petrochemicals Manufacturers (AFPM)


Hyundai Motor Company and Hyundai Motor America


Genesis Motor America


Ford Motor Company


Kia America, Inc.


Nissan North America Inc.


Aston Martin


Mercedes Benz AG


Subaru of America


Alliance for Automotive Innovation


Principaux dossiers


  • Secured a summary judgment victory for Ford Motor Company in a class action challenging its treatment of the MECS pump under California’s emissions warranty laws.
  • Representing Valero, Tesoro, and American Fuel and Petrochemicals Manufacturers (AFPM) in their lawsuit before the Surface Transportation Board (STB) challenging Union Pacific (UP) Railroad’s charges for empty railcar movements.
  • Providing environmental regulatory and compliance advice to Nissan North America on various topics, including regulatory and legislative developments and potential policy changes.

Holland & Knight

Advising motor carriers, freight brokers, and manufacturers, the team at Holland & Knight  undertakes a range of litigation and regulatory work. The group has particular expertise in labor matters as well as environmental cases, including advising on the Advanced Clean Fleets Regulation. In Jacksonville, the team is jointly led by William Byrne and Jameson Rice; Byrne has extensive experience handling supply chain issues, and Rice is regarded for his work in transactions. Los Angeles’ Linda Auerbach Allderdice excels at investigations and litigations, with experience defending motor carriers in lawsuits. In Dallas, Charles Shewmake further strengthens the team’s litigation capabilities with experience acting before the U.S. Supreme Court. Rounding out the team in Washington DC is Kristine Little, who is well-versed in a range of regulation compliance matters, with specialisms in STB and FRA policy.

Responsables de la pratique:

William Byrne; Jameson Rice


Autres avocats clés:

Charles Shewmake; Linda Auerbach Allderdice; Kristine Little


Principaux clients

Ultium Cells


Hankook Tire


Quality Carriers, Inc.


Depot Connect International


California Trucking Association


Bob’s Discount Furniture, LLC


BNSF Railway Company


CSX Transportation, Inc.


Principaux dossiers


  • Representing the California Trucking Association in a federal lawsuit alleging that the California Air Resources Board’s (CARB) adoption of the Advanced Clean Fleets regulation is pre-empted by federal law and improperly impairs commerce amongst the states.
  • Acting as lead counsel for Bob’s Discount Furniture, LLC (“BDF”) in two purported class actions in state and federal court in New Jersey, brought by furniture delivery truck drivers who allege that BDF, and another motor carrier BDF contracts with, misclassified them as independent contractors when they should have been treated as employees entitled to overtime under New Jersey Wage and Hour Laws.
  • Represented, successfully, BNSF Railway company against the EEOC in alleged sexual harassment claims.

Sidley Austin LLP

The Transportation: Automotive and Mobility team at Sidley Austin LLP advises on the full range of regulatory and litigation issues, routinely acting in matters involving high-value mergers, constitutional law, and regulatory change. Beyond this, the group also has expertise in financing and environmental matters. Raymond Atkins has extensive experience supporting clients in Surface Transportation Board proceedings, competition law matters, and appellate litigation. For acquisition and merger matters, Matthew Warren is a notable name. Undertaking a range of internal investigations, compliance reviews, and wider environmental matters, Justin Savage is the first point of call. Atkins, Warren, and Savage lead the group alongside Adam Raviv, who advises on a range of safety, fuel economy, and regulatory compliance matters. Allison Davis further strengthens the team, being a key contact for investors and investors. The team is primarily based out of Washington DC.

Responsables de la pratique:

Raymond Atkins; Matthew Warren; Adam Raviv; Justin Savage


Autres avocats clés:

Allison Davis


Les références

‘Adam Raviv is a splendid lawyer.  He is remarkably bright and thoughtful, of the highest ethical values, and no one will outwork him.’

‘Very thoughtful, deep expertise.’

‘Adam Raviv has great expertise with the auto industry and was excellent.’

Principaux clients

Norfolk Southern Corporation


Canadian National Railway


Union Pacific Railroad


FTAI Infrastructure Inc.


Special Committee of the Board of Directors of Tesla, Inc.


Cummins Inc.


Waev


Hyundai Motor America and Kia America, Inc.


Amtrak/CSXT Gulf Coast Services


Principaux dossiers


  • Representing Norfolk Southern in its application to the Surface Transportation Board for regulatory approval of its proposed merger with Union Pacific.
  • Represented a Special Committee of the Board of Directors of Tesla in determining whether shareholders should ratify Elon Musk’s $50+ billion compensation package and whether Tesla should reincorporate outside of Delaware.
  • Representing Norfolk Southern (NS) in litigation against Kansas City Southern Railway (a subsidiary of Canadian Pacific Kansas City) over the acquisition of an intermodal rail terminal in Wylie Texas.

Steptoe LLP

Excelling in railroad regulatory and litigation, the transportation team at Steptoe LLP has extensive experience in advising on environmental and construction matters, alongside advising on a range of commercial disputes before the federal and state courts. Beyond this, the group also frequently acts in economic regulation matters, rail labor issues, and advises in the interaction between freight and passenger railroads over shared lines. Spearheading the practice is Linda Stein, who is well-versed in civil litigation, particularly in contractual dispute matters in the space. For economic regulations and preemption matters, Anthony LaRocca is a key contact. Peter Denton is a notable name for US freight railroads, public authority owners, and rail equipment suppliers. Fielding experience in front of the Surface Transportation Board, Onika Williams undertakes a range of administrative and constitutional law matters. Also frequently acting in front of the STB, Sally Mordi also handles a range of acquisition and leasing matters. All team members are based in Washington DC.

Responsables de la pratique:

Linda Stein


Autres avocats clés:

Anthony LaRocca; Peter Denton; Onika Williams; Sally Mordi


Principaux clients

BNSF Railway Company


CSX Transportation, Inc.


Association of American Railroads (AAR)


Oaktree Transportation Infrastructure Fund LP


Principaux dossiers


  • Represented BNSF for 18 years of litigation in the Rail Freight Fuel Surcharge Antitrust Litigation, two MDL actions with more than 100 cases.
  • Represented CSX Transportation, Inc. (“CSX”) in connection with their dispute with CSX’s chief competitor, Norfolk Southern, concerning issues related to CSX’s access to Norfolk International Terminals.
  • Represented BNSF Railway Company in two disputes related to the enforcement of the “common carrier” obligation that all railroads have to their customers.

Thompson Hine LLP

The transportation team at Thompson Hine LLP advises on the full gamut of regulation and litigation matters in the rail and automotive space. In particular, the group excels in hazardous material transportation and common carrier obligations- frequently acting on matters involving the Surface Transportation Board. Leading the group, Karyn Booth is the first port of call for trade associations, transportation intermediaries, and private fleet brokers for matters involving safety regulations, hazardous material compliance, and cross-border trucking agreements. For contract negotiation, property issues, and wider regulatory compliance, David Benz is a key contact. Sandra Brown advises a range of clients on the movement of hazardous materials by rail and excels in crisis management plans caused by derailments. Litigation matters are well handled by Jeffrey Moreno, who also undertakes a range of work in rail line transactions and rate regulation matters. The team is based in Washington DC.

Responsables de la pratique:

Karyn Booth


Autres avocats clés:

David Benz; Sandra Brown; Jeffrey Moreno


Principaux clients

American Chemistry Council


American Fuel & Petrochemical Manufacturers


Costco Wholesale Corporation


Fertilizer Institute, The


National Industrial Transportation League, The


Port of Moses Lake


Toyota Tsusho America, Inc.


Principaux dossiers


  • Representing Southern Company, Ameren Corporation, and NiSource, Inc. in an antitrust claim under the federal Sherman Act against the four largest railroads regarding fuel surcharges.
  • Advising multiple trade associations and companies regarding the largest proposed rail merger in the history of the United States. Clients include National Industrial Transportation League, Alliance for Chemical Distribution, Recycled Materials Association, American Chemistry Council and individual shippers.
  • Representing Stonepeak Partners in conducting regulatory due diligence for the acquisition of a motor carrier

ArentFox Schiff

With a strong automotive focus, the team at ArentFox Schiff is well-versed in a range of litigation and regulation matters, including regulatory counselling, corporate due diligence, and incident response. Recently, the group has been advising private equity companies in investing in dealership platforms and wider auto-tech ventures. In Los Angeles, team head Aaron Jacoby handles a comprehensive range of matters, including advising on emerging technology regulatory frameworks, government investigations, and class action suits. New York’s Russell McRory undertakes a range of dealership matters such as franchise acquisitions, factory relations, and regulatory compliance. For labor and employment matters in this space, Paul Marshall Harris is a key contact. Undertaking a range of dispute work, Michael McMahan has experience working on appeals for dealerships and is based in New York.

Responsables de la pratique:

Aaron Jacoby


Autres avocats clés:

Russell McRory; Paul Marshall Harris; Michael McMahan


Principaux clients

Asbury Automotive


Principaux dossiers


  • Advised Asbury Automotive, to obtain all licensing and other relevant Registry of Motor Vehicles requirements in the Commonwealth of Massachusetts and the State of Rhode Island for our client’s acquisition of 37 different automobile dealerships.

Dentons

Advising passenger and freight railroad companies, investors, and public transit agencies, the transportation team at Dentons has a comprehensive rail and road offering - advising on a range of economic regulatory issues, railroad formation, and liability issues. Heading the team from Washington DC, David Hirsch is well-positioned to handle rail mergers and acquisitions, as well as advise clients on commercial relationships within regulatory frameworks. Chicago’s Shannon Shin is recognized for her work in commercial litigation, particularly in cases involving product liability and complex insurance matters. In addition to this, she also has experience in conducting corporate internal investigations. Former Supreme Court clerk Simon Steel in Washington DC frequently undertakes a range of work in antitrust and consumer protection cases. Also in DC, Katherine Daw specializes in anti-corruption and antitrust matters.

Responsables de la pratique:

David Hirsch


Autres avocats clés:

Shannon Shin; Simon Steel; Katherine Daw


Les références

‘The team has extensive knowledge of transportation issues, industry issues, and governmental/regulatory issues.’ 

 

Principaux dossiers


  • Representing Illinois Central Railroad Company/Grand Trunk Western Railroad Company in proceedings before the Surface Transportation Board regarding the terms of its Operating Agreement with Amtrak.
  • Representing Terminal Railroad Association of St. Louis in Union Pacific Corporation’s proposed US$85 billion acquisition of Norfolk Southern Corporation.
  • Representing Illinois Central Railroad Company in the Surface Transportation Board’s investigation under 49 U.S.C. § 24308(f)) of substandard on-time performance by Amtrak’s Sunset Limited Service.

Kirkland & Ellis LLP

The team at Kirkland & Ellis LLP excels at litigation and arbitration matters, acting in suits involving government agencies such as the U.S. Department of Justice, the Financial Industry Regulatory Authority, and the U.S. Department of Labor. In particular, the group acts in product liability, mass tort matters, class actions, and environmental issues. In Chicago, Renee Smith is well-versed in product liability matters, acting in a comprehensive range of class action matters. For environmental litigation, Daniel Donovan, who is based in Washington DC, is a key contact. Hariklia Karis undertakes a range of work in investigations and crisis management in the railroad sphere, working from Chicago. Also based in Chicago is Robert Ellis, who acts on a range of hazardous material and derailment matters.

Autres avocats clés:

Renee Smith; Daniel Donovan; Hariklia Karis; Robert Ellis


Principaux dossiers


Nelson Mullins Riley & Scarborough LLP

The team at Nelson Mullins Riley & Scarborough LLP excels at dealership litigation and regulation, advising on the establishment of new dealers, enforcement action matters, as well as a range of franchising and distribution matters. The practice also has experience in electric vehicle mandates and product liability matters. In South Carolina, Steven McKelvey is frequently engaged in establishing new dealership locations, addressing a range of warranty reimbursement issues, and resolving ownership disputes. California's Richard Otera is well-versed in advising both leading motor vehicle manufacturers and emerging companies in the space. Also in South Carolina, Sally Caver is a key contact for commercial contract negotiations. Rounding out the team in Washington DC is Christie Iannetta. McKelvey, Otera, and Caver lead the team alongside South Carolina’s Ronnie McMahan and Dallas-based Suzanne Swaner. Andy Bertron retired in December 2025.

Responsables de la pratique:

Steve McKelvey; Rich Otera; Ronnie McMahan; Suzanne Swaner; Sally Caver


Autres avocats clés:

Christie Iannetta


Principaux clients

Acura


Audi


Aston Martin


BMW


Czinger


Daimler Trucks


FCA US LLC (Hudson)


Fiat Chrysler (Stellantis)


Ford


General Motors


Genesis


Honda


Hyundai Motor America Corporation


Ineos


Kawasaki


KIA


Kubota Tractor Corporation


LiveWire


Lucid


Mazda


McLaren


Mercedes Benz USA, LLC


Mitsubishi Motors North America, Inc.


Nissan North America, Inc.


Porsche


Rivian


Ryvid


Stellantis


Subaru of America, Inc.


Tesla


Toyota


Volkswagen


Yamaha


Principaux dossiers


  • Representing Mitsubishi Motors North America in a legal dispute over the company’s plan to add a new dealership in the Orlando area.
  • Represented Hyundai Motor America Corp. in a lawsuit regarding vehicle allocation practices.
  • Representing Nissan North America, Inc. in a federal court dispute in Newark, New Jersey, involving an Englewood Infiniti dealer’s alleged failure to pay for approximately $3.5 million worth of vehicles delivered in fall 2024.

Venable LLP

Frequently supporting automotive manufacturers, suppliers, industry groups, and trade associations, the team at Venable LLP has extensive experience advising on regulatory matters and policy frameworks. The group has particular strength in autonomous vehicles, advising the autonomous vehicle industry association as well as advising on zero-emission commercial vehicles, where the team works closely with Powering America’s Commercial Transportation group. Practice head Ariel Wolf is regarded for his work on emerging technology in the sector, counselling on a range of privacy, cybersecurity, and safety issues. Tara Sugiyama Potashnik is a key contact for self-regulatory codes, consumer finance, and e-commerce matters. Bolstering the team’s regulatory practice is David Bonelli, who has extensive experience managing autonomous vehicle policy development. Ian Williams is another key contact. The team is primarily based in Washington DC.

Responsables de la pratique:

Ariel Wolf


Autres avocats clés:

Tara Sugiyama Potashnik; David Bonelli; Ian Williams is


Les références

‘Leading practitioners in the Autonomous Vehicle space.’

‘Ariel Wolf is a consummate professional and leading practitioner in the AV space.’

‘The team is extremely dedicated, presents material well, is easy to work with, and has good Republican connections.’

Principaux clients

Autonomous Vehicle Industry Association


Powering America’s Commercial Transportation


Applied Intuition


Samsara


Ascential Technologies


Volvo Cars


EP Tyres


ITELLMOTION


Vayu


Principaux dossiers


  • Counsel to the Autonomous Vehicle Industry Association (AVIA), leading the drafting and negotiation of Texas’s new autonomous vehicle regulatory framework and advising on related state and federal AV policy and regulatory matters nationwide.
  • Counsel to EP Tyres, an original equipment tire manufacturer, managing compliance under a NHTSA consent order, advising on a separate NHTSA investigation and recall, and developing comprehensive internal safety and regulatory.
  • General counsel to Powering America’s Commercial Transportation (PACT), the leading coalition advancing e-truck charging infrastructure, advising on state and federal regulatory matters and leading development of the “hotspots approach” to accelerate grid energization and deployment in California and beyond.