Dustin J. Jackson

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On August 9, 2018, the United States District Court for the Northern District of Alabama agreed with the Second Circuit Court of Appeals decision in Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d (2d Cir. 2017), which held that contractual consent to be contacted by an automatic telephone dialing system (“ATDS”) could not (and cannot) be unilaterally revoked because the consent formed part of a bargained-for exchange in the contract.  The Second Circuit’s ruling was…
On September 14, 2017, the Consumer Financial Protection Bureau (the “CFPB”) issued its first no-action letter (the “No-Action Letter”) concerning the operations of Upstart Network, Inc. (“Upstart”), a FinTech lender that utilizes alternative data in assessing the creditworthiness of prospective customers. While Upstart’s No-Action Letter has narrow applicability, it may serve as a tool for other FinTech lenders in implementing innovative products and services and establishing relationships with banks. Background The financial services industry is…
The National Highway Traffic Safety Administration is handling a full load of safety recalls and investigations these days, including the investigation of a fatal crash involving Tesla’s Autopilot system. On May 7, a man was killed on a Florida highway when his Tesla Model S—with Autopilot activated—drove under an 18-wheel semi-truck turning in front of the vehicle. NHTSA commenced its investigation of the incident seven weeks later. After the announcement of the investigation, Tesla published a
In a blog post last month, we covered the announcement of the Self-Driving Coalition for Safer Streets, a lobbyist group with the aim of removing any legal or regulatory hurdles that might slow the development or deployment of self-driving, fully autonomous vehicles. The members of the coalition include some of the biggest players in the quickly developing autonomous vehicle industry, including Google, Ford, Volvo, Lyft, and Uber. One of the biggest fears for the coalition…
Last week the National Highway Transportation Safety Administration (NHTSA) held the second of two meetings at Stanford University to solicit input from the public regarding the safety guidelines it is developing for the deployment of autonomous vehicles. On the eve of last week’s meeting, Google, Ford, Volvo, Lyft, and Uber issued a press release announcing their formation of the Self-Driving Coalition for Safer Streets. David Strickland, the former Administrator of NHTSA, is the coalition’s counsel and…
Earlier this month, I attended a conference at the University of Michigan Law School: Autonomous Vehicles: Legal and Regulatory Hurdles to Deployment. It was a good excuse to go embrace all of the nostalgia that comes from visiting your alma mater.  More important, the conference provided an interesting, informative, and exceedingly cordial discussion of the legal and regulatory issues presented by the emergence of automated vehicle technology.…
The automotive industry experienced extraordinarily high levels of deal activity in 2015. Mergers and acquisitions (M&A) in the sector are expected to remain strong in 2016, but deal volume and frequency may slightly taper off. Below is a summary of four key factors, taken from our recently published white paper on the subject, affecting automotive M&A activity, including increasing interest rates and international activity.…
In November, CB Insights hosted a webinar entitled The Rise of Auto Tech: What’s Coming, Who’s Doing it, And Who Will Be Affected.” The webinar covered a number of topics related to auto tech, including funding trends and activity. The data reported by CB Insights, which covers the period from 2009 until October 27, 2015, confirms two things about the auto tech industry: (1) the number and dollar volume of auto tech deals has been…
Automobile sales are on the rise globally, and the automotive industry remains one of the hottest sectors for M&A activity. Analysts predict that the surge in deal flow that occurred during 2014 will continue or even accelerate throughout 2015. A recent report published by Ernst & Young identified the automotive industry as one of the top sectors for deal activity in the next 12 months. In addition to increased automobile sales, growth and diversification objectives, and macroeconomic…