Foley & Lardner LLP looks beyond the law and focuses on the ever-changing needs facing our clients and their industries. With approximately 1,100 lawyers in 25 offices in the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients` priorities, goals and challenges. We work hard to understand our clients` problems and build long-term relationships with them to achieve positive outcomes and resolve their legal issues through practical business advice and cutting-edge legal knowledge. Our clients see us as trusted business advisors because we understand that a good legal service is only valuable if it is relevant, practical and beneficial to their business. All of these factors bring their own challenges and legal considerations, which Foley`s automotive white paper explores in detailed sections: the U.S. Department of Transportation (DOT) and the U.S. Department of Transportation (DOT). The Department of Energy (DOE) will establish a Joint Office of Energy and Transportation (Joint Office) to study, plan, coordinate and implement common issues, including: Below are examples of legal challenges that electric vehicle manufacturers in Europe may face. DISCLAIMER: Due to the generality of this update, the information contained in this document may not be applicable in all situations and should not be implemented without specific legal advice based on specific situations.

An electric vehicle manufacturer must carefully verify the accuracy of all statements it makes in advertising, websites, brochures or customer materials of any kind regarding battery capacity and degradation, range, power and acceleration of the electric vehicle to minimize the risk of customers making legal claims for misrepresentation and breach of contract. The world of EV innovation tends to be capital-intensive, especially in terms of research and manufacturing. We represent companies in the legal aspects of fundraising and related financial and structuring matters. Foley & Lardner LLP today released its 9th annual automotive white paper, which explores the business and legal trends that will impact the automotive industry over the next year. The ownership and operation of the property and project must also be considered in determining what benefits (e.g., available environmental credits, user fees, etc.) and liabilities (e.g., easement easements and land use restrictions, construction, operation and maintenance (“O&M”) costs, etc.) will accrue and which entity will result from this. Ownership and operation may be owned or combined with an owner, tenant, utility, charging station vendor or other third party. Managing ownership and operating issues is also likely to influence which company is ultimately responsible for obtaining special permits or zoning permits. It also analyzes whether commercial companies providing charging services are allowed to provide this form of electric service without being regulated by a utility commission. In some states, a non-utility selling charging services could be considered a retail “redistribution” of electricity, which is the primary right and duty of the local electric utility and requires a special license.

Different regulatory frameworks may require alternative approaches or business models to offer customers the use of a charging station, for example without technical sales of the electrical service. Other real property issues that need to be addressed include the agreement, negotiation and approval of new utility and easement infrastructure, and actual design and construction. Again, this issue can be complicated if the party requesting installation is not the owner of the property, as the installation of charging stations could impact the value of the property and be a barrier to future land use plans. As the adoption of electric vehicles and related public charging infrastructure continues to increase, commercial and commercial enterprises should explore the possibilities and benefits of hosting charging stations. However, this requires conscious, thoughtful and proactive due diligence that considers the long-term practical and legal issues of selecting, procuring and constructing, installing, operating and finally shutting down charging stations. For more information or assistance with questions about electric vehicle charging stations, please contact Stephen A. Campbell. These developments, along with the rise of autonomous vehicles (AVs) and automated driving systems (ADS), are leading to a step-by-tech-driven shift in the automotive industry, which will change, among other things, the way companies approach intellectual property protection, labor and employment, cybersecurity, compliance, procurement, and contracts. Actual selection of charging stations and contract procurement must also be organized and may be influenced by incentive programs or supply needs. Given the ongoing developments in the installation of commercial charging points for electric vehicles, companies should negotiate these transactions and the underlying business models in a flexible and reasonable manner. It is also important to take into account the technological elements of this service, which means that in addition to the contractual elements related to the delivery, installation, operation and warranties of the physical charging station, the software, IT support, ownership and use of customer data of the charging station, Payment processing, privacy issues, and data security features will also be important. These contractual provisions must be well understood by all parties with respect to standard contractual matters, such as the various obligations of each party, the company to pay when, the duration of the term, possible breaches and remedies, indemnification and insurance obligations, eligibility for the allowance and what to do if the applicable law changes.

This last point is particularly important in this area, given the fluid nature of energy technology and the laws and regulations associated with it. The electric vehicle supply chain is complex in terms of manufacturing and infrastructure and we advise on the full range of commercial contracts such as joint venture agreements, distribution agreements, supply agreements and SaaS agreements to mitigate the risks of an industry that relies so heavily on a complex multi-stakeholder network. Manufacturing agreements are likely to have cross-border elements and we can advise our clients on how best to mitigate the legal risks associated with a global supply chain. Cars and trucks produce nearly one-fifth of America`s greenhouse gas (GHG) emissions, all of which must be eliminated to reach the federal goal of net-zero emissions by 2050. Although electric vehicle (EV) sales in the U.S. have grown by an average of more than 40% per year since 2016, nearly half of U.S. consumers say battery or charging issues are their top concerns when buying electric vehicles. 1 1. Thomas Gersdorf, Russell Hensley, Patrick Hertzke, Patrick Schaufuss and Andreas Tschiesner, The road ahead for e-mobility, McKinsey, January 27, 2020. It`s not hard to say that the country`s limited network of charging stations is likely to discourage many potential buyers. While growing incentives to use electric vehicles and charging stations offer commercial and commercial businesses the opportunity to offer additional services and attract additional customers, the entire lifecycle (i.e., from pre-installation to expansion and disposal) of an EV charging project raises many practical and legal issues that need to be addressed.

For more than 50 years, Foley has served automotive customers worldwide and continues to be recognized as a global leader in advising automotive suppliers, electric vehicle manufacturers, advanced technology providers, investors and mobility companies. Foley`s team of more than 85 lawyers with extensive experience in the automotive industry provides advice on a wide range of legal and business matters, with a particular focus on key areas such as supply chain issues, electrified mobility and infrastructure, investors, franchising and distribution, and litigation, including class actions.