One of the key themes to emerge from Foley’s 2018 Cryptocurrency Survey was that investors and executives see the value of thoughtful regulation and are looking for more legal certainty as the industry matures.
California companies housing their drivers’ personal information may feel less exposed to liability in light of the Northern District of California’s holding in Antman v. Uber Technologies, Inc. in May. The trial court in Antman found that Uber was not liable to its drivers after hackers illicitly accessed their personal information through Uber’s computer system.
Plaintiffs Sasha Antman and Gustave Link alleged that the company failed to protect their personal information, as well as that of a putative class of individuals similarly situated. Plaintiffs stated claims for violation of California’s Unfair Competition Law (UCL), negligence, and breach of implied contract.
In the competition amongst automobile manufacturers to knock autonomous driving out-of-the-park, Cadillac is next up to the plate. Recently – rolling-out its newest autonomous driving technology – General Motors (“GM”) announced, beginning in 2020, “semi-autonomous” driving will be available in all Cadillac models. Dubbed “Super Cruise,” the technology is GM’s latest attempt to capture some of the autonomous driving market share Tesla currently dominates.
In a recent blog post, I discussed limitation of liability clauses in technology contracts. Given the favorable response to that post, I thought it would be of interest to discuss another misunderstood and frequently neglected area of technology contracting: information security warranties. Let me be more specific. Most well-drafted technology agreements contain specific warranties and other protections relating to the protection and security of data shared with the vendor. While clearly important, contract protections should not stop there. Rather, it is becoming a contracting best practice in the industry to also include one or more warranties specifically directed at ensuring the vendor has integrated information security into the overall development of its products. It is this area that is frequently overlooked and too often misunderstood.
Recently, Representative Peter Welch of Vermont introduced legislation restructuring the planned phase out for the current electric vehicle $7500 federal tax credit. As has been discussed in great detail in this blog, the current electric vehicle incentives begin to phase out individually for each manufacturer when that manufacturer delivers its 200,000th electric vehicle. As a policy mechanism, the federal electric vehicle tax incentives positively influence both consumer and automotive manufacturer market behavior. When implemented correctly, consumers will shift toward purchasing eco-friendly electric vehicles and manufacturers will ramp up electric vehicle research and development, ultimately leading to higher production volumes. By combining the benefits to both consumers and manufacturers, these incentives can build a trend toward a growing and ultimately sustainable electric vehicle market devoid of any external incentives.