Gibson, Dunn & Crutcher LLP‘s transportation offering specializes in high-stakes litigation, and has a strong track record in advising clients at the federal and state level before at the appellate level. The team includes an array of automotive and rail companies among its portfolio of clients, and is well-regarded for its role in Supreme Court litigation on behalf of the rail industry. The practice includes the Washington DC-based Thomas Dupree Jr, who enjoys a strong reputation in appellate level rail sector matters, including before the Supreme Court, and co-heads the team with Raymond Ludwiszewski , whose portfolio of work includes major environmental litigation and related torts, an area that Michael Murphy is also highly active in. Jacob Spencer is sought by clients for his experience in advising clients at the trial and appellate level, while Stacie B. Fletcher is a key point of contact for regulatory enforcement defense , especially those pertaining to EPA. David Schnitzer is reputed for his expertise in administrative, regulatory and agency rulemaking matters, and is the team’s port of call for jurisdictional issues and other complex disputes.
Rail and road: litigation and regulation in United States
Gibson, Dunn & Crutcher LLP
Responsables de la pratique:
Thomas Dupree Jr.; Raymond Ludwiszewski
Autres avocats clés:
Michael Murphy; Jacob Spencer; Stacie B. Fletcher; David Schnitzer
Principaux clients
The Association of American Railroads
Union Pacific Railroad Company
BNSF Railway
Norfolk Southern Corporation
CSX Transportation, Inc.
Purple Line Transit Partners LLC
Canadian National Railway
Canadian Pacific Kansas City Southern
Daimler AG and 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 and Axiom
Principaux dossiers
McGuireWoods LLP
A key contact for the rail and trucking sectors, the McGuireWoods LLP transportation department is frequently turned to for its broad expertise in contract, commercial, torts, and real estate related matters. The team is experienced in representing both Class I and Class II railroad companies, along with financial actors in the rail market, and includes regulatory queries and disputes regarding acquisitions, independent contractor status, and intersection between real estate and rail among its portfolio of matters in the truck and rail sectors. Jacksonville-based Eric Bilik heads the team, and has strong experience in commercial litigation, commercial franchising, and representing national transportation companies before state, federal and arbitration courts. Christopher Thanner has a strong track record in railroad acquisitions, and represents railroads before regulatory agencies and local governments in various land-related disputes. Kimberly T. Mydock is also a highly active member of the team, and assists Mydock and has experience in representing clients before the federal and state courts. Richmond- based Candace Ali Blydenburgh and Pittsburgh-based Natalie Zagari are also relied upon for their expertise in mass tort litigation.
Responsables de la pratique:
R. Eric Bilik
Autres avocats clés:
Christopher Thanner; Kimberly Mydock; Candace Ali Blydenburgh; Natalie Zagari
Principaux dossiers
Morgan, Lewis & Bockius LLP
Morgan, Lewis & Bockius LLP‘s automotive and mobility department is a frequent port of call for contentious and non-contentious matters pertaining to energy regulations, transactions, consumer protection, and financing for financial and technology companies, automakers and suppliers. The team frequently advises on EV-related matters, such as IP protection, litigation, transactions and energy regulations. The team is co-headed by its senior partners, which include the Chicago-based Elizabeth Herrington and Philip Russell , both having broad experience in tech and vehicle litigation and financing. Daniel Savrin, based in Boston, is a key actor in high-stakes litigation , especially in the antitrust, energy, and civil matters. Latane Montague focuses on representing car, truck and rail car manufacturers. Also newly arrived, Latane Montague and April Nelson Ross are both noted for their abilities in product class actions. Lisa Weddle and Brent Hawkins head the Los Angeles and San Francisco offices respectively.
Responsables de la pratique:
Daniel S. Savrin; R. Latane Montague; Lisa R. Weddle; Elizabeth Herrington; Philip W. Russell; Brent A. Hawkins
Autres avocats clés:
April N. Ross; Rachel Raphael
Principaux dossiers
Dykema Gossett PLLC
Laura Baucus, based in Detroit, heads the automotive and transportation offering at Dykema Gossett PLLC, which is turned to by clients for its experience in high-stakes litigation pertaining to catastrophic accidents, property damages, recalls, product liabilities, and a gamut of class actions. The team is also experienced in franchise, distribution and other salient issues for dealers. Based in Detroit, Lisa Brown has great experience in representing automakers and manufacturing companies in supply chain pre-litigation and commecial litigation regarding terminations, claims, plant closures, and other areas. Michael Cooney and Los Angeles-based Dommond Lonnie are key member of the team for product liability issues involving fuel systems, vehicle stability and emission systems, among other issues. Michael Carey is a port of call for EV and autonomous vehicle related matters, while Tamara Bush is retained by trailer, forklift, car and other manufacturers for contract performance and business tort disputes.
Responsables de la pratique:
Laura C. Baucus
Autres avocats clés:
Lisa Brown; Michael P. Cooney; Dommond E. Lonnie; Michael Carey; Tamara Bush
Principaux clients
American Honda Motor Co., Inc.
Specialty Auto Parts USA, Inc.
General Motors
Ford Motor Company
Nissan North America
Vanderhall Motors Works, Inc.
Robert Bosch GmbH
Principaux dossiers
- Advised Nissan in $750 Million Product Liability Case|Dykema achieved a pivotal trial win for Nissan North America, Inc. in Houston, Texas, defeating a $750 million product liability claim.
- Advised Ford Motor Company, Vacating Class Certification in High-Stakes Case, delivered a significant appellate victory for Ford Motor Company, successfully vacating a class certification ruling in a putative class action involving alleged brake defects in 2013-2018 Ford F-150 trucks.
- Represented General Motors LLC, obtaining summary judgment in a California product liability case where plaintiffs sought millions in damages.
Hogan Lovells US LLP
Hogan Lovells US LLP‘s transportation department is well-regarded for its regulatory and litigation capacities, and includes BMW, Mercedes Benz AG, Nissan, Ford, Hyundai and a host of other automakers and suppliers among its portfolio of clients. The team is co-headed by its Washington DC-based senior partners, which includes Joanne Rotondi, who is considerably experienced in environmental regulation related matters. William Yavinsky lends to the team his experience in commercial and intellectual property matters. Denver's Emily Kimball is the rail practice leader, and is well-established in a broad spectrum of rail regulatory compliance issues, including transactional diligence, environmental issues and hazards, and enforcement defence. Ryan Ford is a key member of the team for strategic litigation in the motor vehicle industry, including terminations, establishments, facilities, transfers, and other areas. Hannah Grae is also highly active in the team for automotive manufacturers, especially in the environmental regulation and technological space.
Responsables de la pratique:
Joanne Rotondi; William Yavinsky; Emily Kimball
Autres avocats clés:
Hannah Graae; Ryan Ford
Principaux clients
BMW, General Motors, Honda, Hyundai, Kia, Mercedes-Benz, and Stellantis
Ford Motor Company
Nissan North America Inc.
Hyundai Motor America/Genesis Motor America
Daimler Truck
Goodyear Tire and Rubber Company
Mercedes Benz AG
indie Semiconductor
Alliance for Automotive Innovation
Railway Supply Institute (RSI)
Principaux dossiers
- Advised Nissan on various topics, including regulatory and legislative developments and potential policy changes.
- Advised Railway Supply Institute (RSI), a trade association that represents freight and passenger rail equipment suppliers, including tank car manufacturers, tank car lessors, and component suppliers to North American railroads and their 150,000 employees.
- Represented Hyundai Motor America and Genesis Motor America in challenges to nationwide incentive programs for dealers building brand-exclusive facilities.
Holland & Knight
Holland & Knight‘s rail & road litigation and regulation department is a strong choice for product liability, environmental and private class actions, particularly among auto suppliers and freight rail market participants. Jacksonville-based William Byrne and Jameson Rice co-head the team; Byrne’s expertise in rail, road, and maritime logistics, equipment and supply chain issues operating alongside Rice’s experience in the transportation arena’s litigation and regulatory matters. Based out of Dallas, Charles Shewmake is an expert in rail-related disputes and regulations, having previously advised clients before the state and federal level, up to the Supreme Court. Linda Auerbach Allderdice, operating out of Los Angeles, is highly active in transport regulatory issues pertaining to employment, environmental, pre-emption, independent contractor and other areas of regulation, and is noticeably experienced in advising on independent contactor owned-operator drivers in class actions and lawsuits. Kristine Little is also a key member of the team.
Responsables de la pratique:
William Byrne; Jameson Rice
Autres avocats clés:
Charles Shewmake; Linda Auerbach Allderdice; Kristine Little
Principaux clients
California Trucking Association
Quality Carriers, Inc.
Boasso Global, Inc.
Landstar System, Inc. and its subsidiaries
BNSF Railway Company
Bridgestone Americas
Bridgestone Americas Tire Operations, LLC, Nokian Tyres
Principaux dossiers
- Represented the California Trucking Association in a federal lawsuit related to the California Air Resources Board’s (CARB) adoption of the Advanced Clean Fleets regulation.
- Achieved a victory in an EEOC case on behalf of BNSF, in which the Court dismissed all claims.
- Represented two major tire manufacturers in Endangered Species Act litigation that presents cutting edge issues about the reach of the Act and its potential application to critical product constituents for which there are no practical available alternatives.
King & Spalding LLP
The rail and road offering at King & Spalding LLP is noted for its comprehensive involvement in regulatory and disputes proceedings, advising on product liability, safety regulations, bankrputcy disputes, settlements, and single-plaintiff catastrophic injury cases for automakers. The team is particularly reputed for its expertise in diesel-related issues. Atlanta-based Geoffrey Drake is experienced in representing automakers in mass tort litigation, product liability, and class action cases at the federal and state level. He co-heads the team with Granta Nakayama, who is active in regulatory and enforcment matters with an environmental component, especially diesel-related issues. Susan Clare often represents automakers in mass tort, class action and product liability litigation, while John Hooper is retained for his experience in viral, mass tort and high exposure litigation. Atlanta-based Madison Kitchens and Adam Reinke are both sought after by clients for their class action, mass tort and general product liability capacities, while Livia Kiser highly active in vehicle component disputes. Ilana Saltzbart ‘s practice focuses on environmental regulation and enforcement defence. Susan Vargas is experienced in catastrophic injury and safety litigation.
Responsables de la pratique:
Geoffrey M. Drake; Granta Nakayama
Autres avocats clés:
Susan M. Clare; John P. Hooper; Livia Kiser; Ilana Saltzbart; Susan Vargas; Madison H. Kitchens; Adam Reinke
Principaux clients
AUTOMOBILI LAMBORGHINI AMERICA
Bentley Motors Limited
Daimler AG/Mercedes-Benz USA (MBUSA) and Daimler 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
Mullen Automotive
Tractable Inc.
Principaux dossiers
- Represented Toyota in product liability and class action litigation, including in most of the currently active class action cases pending in various courts nationwide, including actions allegingdefectiveairbags battery assembly units,HVAC systems, engines, Bluetooth phone systems, and power liftgate hinges,among others.
- Represented General Motorsas lead counsel in various high-profile, high-exposure class action litigation matters throughout the country.
- Represented Volkswagen in high-profile multidistrict litigation involving allegations of defective driver and front passenger airbag inflators, a high-profile product liability matter involving catastrophic injuries, and appellate counsel in multiple product liability and asbestos matters involving personal jurisdiction issues.
Nelson Mullins Riley & Scarborough LLP
Nelson Mullins Riley & Scarborough LLP‘s automotive law group works with automakers and equipment manufacturers, advising Ford, Hyundai, Tesla, and Kubota in a diverse assortment of transactions, disputes, regulatory queries and compliance matters. The team is headed by its senior partners, which includes the Columbia-based Steven McKelvey and Ronnie McMahan , the former being a key point contact for automakers and distributors, including dealership establishment, termination, allocations, and manufacturer issues, and McMahan remaining a specialist in manufacturer and distributor litigation. Richard Otera is highly active in regulatory and commercial matters pertaining to franchises, distribution law, and disputes for international automakers such as Honda and Subaru, and heads the Los Angeles office. Andy Bertron , based in Tallahassee, is a key component of the team for litigation arising from terminations, audits, relocations, and franchises among automakers and distributors. Denver-based Mark Clouatre is experienced in representing clients at the appellate level and before administrative agencies. Suzanne Swaner is a key name in Texas.
Responsables de la pratique:
Steven McKelvey; Rich Otera; Ronnie McMahan; Suzanne Swaner
Autres avocats clés:
Andy Bertron
Principaux dossiers
Steptoe LLP
Steptoe LLP‘s rail transportation department is well-regarded by rail industry participators for its broad expertise in commercial disputes, at the federal and state level, and before arbitration courts. The team is also well-equipped to advise on regulatory hurdles in the merger and acquisition process, with a key focus on share and asset sales in the rail industry. Linda Stein, based in Washington DC, heads the practice, and is especially knowledgeable in regulatory queries pertaining to rate reasonability, railroad constructions. Anthony LaRocca is present in the team’s contentious matters involving antidumping and competition matters, while Peter Denton is a port of call for freight and passenger rail regulation, and has advised rail equipment suppliers, operators, public transportation agencies, public owners of rails, and financial companies participating in the rail market. Tim Strafford fields considerable experience in safety and economic regulations before the federal and arbitral courts, while Molly Bruder Fox leverages broad expertise in rail matters intersecting with other sectors, such as oil and gas, finance, and telecommunications. Onika Williams is well-equipped to handle compliance, enforcements and disputes before the STB.
Responsables de la pratique:
Linda Stein
Autres avocats clés:
Anthony LaRocca; Peter Denton; Tim Strafford; Molly Bruder Fox; Onika Williams
Les références
‘I am not a client of Steptoe and work with only a few of the lawyers on the transportation team. As such, I am not in a position to respond to all of the sliding scale questions below. I have responded with Excellent where I am aware and have left the others where they were. Not moving any of the others is not intended as a rating; it is intended only to say I am not in a position to respond meaningfully.’
‘Anthony LaRocca and Peter Denton are the individuals with whom I work where we have a joint client. Both excel in the practice areas (rail, STB) in which I am involved.’
Principaux clients
BNSF Railway| Company
CSX Transportation, Inc.
Association of American Railroads (AAR)
Oaktree Transportation Infrastructure Fund LP
Principaux dossiers
- Represented BNSF Railway Company (“BNSF) in defense of a complaint alleging violations of the common carrier obligation at the Surface Transportation Board.
- Represented BNSF in the Rail Freight Fuel Surcharge Antitrust Litigation, MDL No. 1869, Misc. No. 07-489 (PLF) (D.D.C.) as well as in the second MDL formed early in 2020 with the newly filed cases, Rail Freight Fuel Surcharge Antitrust Litigation (No. II), MDL No. 2925, Misc. No. 20-00008 (BAH) (D.D.C.).
- Advised CSX Corporation (CSX) – one of the two large Class I railroads in the Eastern United States – on the acquisition of a rail line owned and leased by Meridian & Bigbee Railroad (MNBR).
Thompson Hine LLP
Thompson Hine LLP‘s rail and road practice advises chemical and crude oil companies and shippers, the American Chemistry Council, the Fertilizer Institute, the National Industrial Transportation League, and a selection of rail companies and electric utility companies in a broad spectrum of regulatory and contentious matters. The team represents clients in the retail, autos, paper and chemicals industries, and is demonstrably experienced in motor carrier related disputes, such as claims for damage and delay, federal preemption, contract drafting and licensing. Based in Washington DC, Karyn Booth, heads the team, and is a well-versed in railroad safety and hazardous material matters, areas that Sandra L. Brown is also highly active in. Jeff Moreno includes mining, major utility, automotive and multinational companies among his portfolio of clients. David Benz, is a port of call for federal shipping litigation, while Jason Tutrone and Dan Ujczo both have a strong track record in logistics, motor-carrier, and hazardous material litigation.
Responsables de la pratique:
Karyn A. Booth
Autres avocats clés:
Sandra L. Brown; Jeff Moreno; David E. Benz; Jason D. Tutrone; Dan Ujczo
Principaux clients
American Chemistry Council
American Forest & Paper Association
Dead River Company
Health and Personal Care Logistics Conference, Inc.
Institute of Scrap Recycling Industries, Inc.
LFS Freight Solutions
National Association of Chemical Distributors
Nexterus
NiSource Inc.
Railway Supply Institute
Southern Company
The Dow Chemical Company
The Fertilizer Institute
The National Industrial Transportation League
Toyota Tsusho America, Inc.
Principaux dossiers
- Represented American Chemistry Council (ACC), the National Industrial Transportation League (NITL), The Fertilizer Institute (TFI), and Dow in urging the STB to adopt revised rules to expand access to competitive switching (also called reciprocal switching).
- Represented Southern Company, Ameren Corporation, and NiSource in an antitrust claim under the federal Sherman Act against the four largest railroads regarding fuel surcharges. In re Rail Freight Fuel Surcharge Antitrust Litigation
- Represented the National Industrial Transportation League (NITL) in major regulatory proceedings or on legislative issues involving the trucking industry that are likely to impact the member companies’ supply chains.
ArentFox Schiff
ArentFox Schiff offers in-depth expertise in automotive industry regulations, litigation, franchises, real estate, vehicle safety, emissions and environmental matters. The team advises hedge funds, auto dealers, private equity firms, manufacturers, suppliers, and various other parties in conventional regulatory and transactional matters, and contemporary issues pertaining to EVs, driverless vehicles, and new areas of regulation. Los Angeles-based Aaron Jacoby heads the team, and is an established contact for automakers and suppliers for his expertise in automotive and technology industries. Russell McRory and Michael McMahan are both key members of the team, both having experience in litigation arising before the Federal and New York state appellate level. Paul Marshall Harris , Sara Judge , Gregory Paonessa and Kelly Ballentine all joined the team in in 2024.
Responsables de la pratique:
Aaron Jacoby
Autres avocats clés:
Russell McRory; Michael McMahan; Paul Marshall Harris; Sara Judge; Gregory Paonessa; Kelly Ballentine
Principaux clients
Keeler Motor Car Company
Group 1 Automotive
Group 1 Automotive
Envision Motors
RunBuggy
Premier Ford NY, Inc., Plante Consulting LLC, Patchoge 112 Motors, LLC, and 440 Jericho Turnpike Auto Sales, LLC
Principaux dossiers
- Represented Keeler in its sale to Open Road Capital of a majority stake in Keeler’s business, which operates Mercedes-Benz, Honda, BMW, and Mini dealerships in Albany, NY and Ridgefield, CT.
- Represented Group 1 Automotive in its acquisition of Newport Lexus and Tustin Lexus in February.
- Represented Envision Motors in its acquisition of three of Mercedes-Benz dealerships and underlying real properties in the Sacramento metropolitan area.
Dentons
The transportation department at Dentons has a strong track record in representing rail carriers, investors and public transit agencies in a broad spectrum of contentious matters involving transactions, railroad construction and compliance with local regulations, compensation issues, licensing matters, safety standards and various other regulatory issues. Washington DC-based David Hirsh, heads the team, and is a key point of contact for Amtrak-related matters .Theodore Hunt is a key member of the team for rail merger, freight rail carrier, rail line construction and discontinuance disputes. Based in Chicago, Shannon Shin has represented clients at the federal appellate level and above, along with Simon Steel. James Guinivan is well-equipped to handle federal litigation pertaining to railway labour, rail transactions, common carrier obligations, and rail contractual rights. Amber Morris oversees matters salient to real estate law.
Responsables de la pratique:
David Hirsh
Autres avocats clés:
Theodore Hunt; Shannon Shin; Simon Steel; James Guinivan; Amber Morris
Principaux dossiers
- Represented IC in an investigation proceeding requested by Amtrak and initiated by the STB under 49 U.S.C. § 24308(f)), concerning the causes of alleged delays and substandard on-time performance on Amtrak’s Sunset Limited Service, which travels between New Orleans and Los Angeles primarily on tracks owned by freight railroads, including IC.
- Advised the Vitales in their effort to enforce a 1986 agreement between them and CSX Transportation, Inc. (“CSX”) (as successor to Consolidated Rail Corporation), obligating the railroad to sell them approximately seven acres of land in Queens, New York, reserving an easement for rail transportation over the rail line currently on the property.
- Represented IC and GTW in a proceeding initiated by Amtrak before the STB asking the agency to dictate terms and compensation for the operation of all six of the Amtrak passenger train services operating over IC and GTW lines.
Sidley Austin LLP
Sidley Austin LLP‘s transportation department has a well-established presence in the rail industry, offering expertise in regulatory and disputes at the appellate level, along with capabilities in the automotive sector, naming Ford, Tesla, Volkswagen among its portfolio of clients. The team has a strong track record in high-stakes rail disputes, including before the Court of Appeal and Supreme Court at both the state and federal level. The team is also experienced in a variety of rail transaction mandates, and is a port of call for companies requiring regulatory approval or representation before regulatory bodies in various transactional disputes. Washington DC-based Raymond Atkins co-heads the team with Justin Savage, and are both highly sought after for their experience in regulatory litigations, environmental law, and enforcement cases.
Responsables de la pratique:
Raymond A. Atkins, Ph.D.; Justin A. Savage
Principaux clients
Special Committee of the Board of Directors of Tesla, Inc.
Norfolk Southern Corporation
Canadian National Railway
CSX Corporation
Conrail
Union Pacific Railroad
Macquarie Group
Gulf & Atlantic Railways, LLC
Waev, Inc.
Accelera by Cummins
Hyundai Motor America
Kia Motors America
Ford Motor Company (NYSE: F)
Magna International Inc.(TSX: MG; NYSE: MGA)
Principaux dossiers
- Represented Canadian National Railway as regulatory counsel on a potential acquisition of the Iowa Northern Railway Company
- Advised a special committee of independent directors of Tesla in its reincorporation to Texas and the ratification of the executive compensation package for CEO Elon Musk.
- Represented power solutions innovator Cummins Inc. in reaching civil settlements to resolve U.S. regulatory claims alleging undisclosed auxiliary emissions control devices and alleging defeat devices in pickup truck applications.
Venable LLP
Venable LLP is often sought after by suppliers and manufacturers for its capacities in the rail safety, connectivity, electrification, an in particular, autonomous vehicles and zero emission related matters. The team has been at the forefront of regulatory contentions regarding autonomous trucks in California. Ariel Wolf heads the team out of Washington DC, and is a key member of the team for matters arising out of transportation innovactions and electric vehicles. Tara Sugiyama Potashnik is well-regarded for her expertise in data protection, cybersecurity and privacy, while David Bonelli has a strong track record in electric vehicle-related matters. Ian Williams is a choice for clients requiring expertise in cybersecurity, privacy and vehicle electrifications and highway laws.
Responsables de la pratique:
Ariel Wolf
Autres avocats clés:
Tara Sugiyama Potashnik; David Bonelli; Ian Williams
Les références
‘Venable is the leading law firm in the U.S. for autonomous vehicle regulation and policy and brings a thoughtful approach that is very effective.’
‘Ariel Wolf: the “go to” lawyer in DC on autonomous vehicle regulation and policy. Diligent, dedicated, driven. Katie Marshall Timmons: Rising star as an associate in autonomous vehicle regulations. Sets herself apart with a pragmatic approach that gets results. Arlyn Upshaw: outstanding utility player who digs in on state regulatory matters and is effective at driving consensus.’