Munger, Tolles & Olson attorney Zachary M. Briers published an article in Law360 on Feb. 9, 2017 about the challenges facing the automated vehicle (AV) industry due to regulatory uncertainty. In the article, Mr. Briers analyzes why a lack of federal regulation surrounding AV threatens to halt progress in the industry.
Among the challenges Mr. Briers identifies, he notes that, despite calls for U.S. Congress to introduce federal regulations for AV, legislation only exists on a local level, and local regulations are not consistent. He argues that the dormant commerce clause presents the industry with a possible tool for bringing national uniformity to AV regulation, citing three U.S. Supreme Court rulings that invalidated local regulations as being too burdensome on interstate commerce. Mr. Briers also outlines reasons for the growth of AV technology, including its potential to create safer roads and the benefit to state economies, to underscore the need for federal legislation.
Mr. Briers is a technology and litigation attorney whose practice focuses on complex civil litigation, with an emphasis on patent litigation and consumer class actions. He counsels technology clients on such issues as compliance with Internet-based regulations, intellectual property matters and privacy concerns.