“There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.”

The late Supreme Court Justice Antonin Scalia authored this line in his majority opinion for United States v. Jones, 565 U.S. 400 (2012), a case in which Justice Scalia—a contextualist who often argued that citizens have no Constitutional right to privacy—stated that attaching a GPS tracker to a vehicle was a violation of the Fourth Amendment and, indirectly a violation of the privacy of an ordinary citizen. In making this statement, Justice Scalia and the majority touched on an ongoing, rhetorical question at the intersection of transportation and the law that states are still grappling with thirteen years later: what rights to privacy do citizens have on public roadways?

Continue Reading Big Data v. the Individual’s Right to Privacy on the Road
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Crowell has reported before on important ripples in commercial contract law centered on what counts as the enforceable contract between automotive product buyers and sellers. In its 2023 opinion in MSSC Inc. v. Airboss, the Michigan Supreme Court found that a master supply agreement was not enforceable, as opposed to the individual release orders issued under those agreements. Courts and industry have been left to grapple with the significant implications since.

Continue Reading What’s The Contract? The Debate Continues In Michigan, with Consequences Beyond

Researchers have identified a new wave of cybersecurity attacks against European drone makers by the Lazarus Group, a well-known and sophisticated threat actor group, allegedly sponsored by the North Korean government.

This campaign is the latest iteration of “Operation DreamJob,” a long running series of social engineering and malware operations, designed to exfiltrate proprietary information and manufacturing know-how.

To learn more, please read our Client Alert North Korean Threat Actors Target European Drone Makers.

On October 3, 2025, the Supreme Court granted certiorari in Montgomery v. Caribe Transport II, LLC, 124 F.4th 1053 (7th Cir. 2025), taking on the question of whether federal law preempts state negligent selection claims against brokers. This marks a significant development in the ongoing circuit split over the reach of the Federal Aviation Administration Authorization Act (FAAAA) and its “safety exception.”

The Supreme Court’s review signals that much-needed clarity may soon be available for brokers, carriers, and litigants nationwide. As discussed in our earlier post, the Sixth and Ninth Circuits have allowed negligent selection claims under the safety exception, while the Seventh and Eleventh Circuits have found such claims preempted. The Court will now determine whether state-law negligence claims against brokers are barred by federal law.

Continue Reading Supreme Court Puts the Brakes on Preemption Uncertainty

The Association of American Railroads (“AAR”) last week welcomed the Senate’s recent confirmation of David Fink as Administrator of the Federal Railroad Administration (“FRA”), calling it a positive step for the rail industry.

AAR’s President & CEO Ian Jefferies praised Fink as a fifth-generation railroader with deep operational experience. Before joining the FRA, Fink served as President of Pan Am Railways, where he oversaw regional freight operations across New England. As Jeffries noted, “[f]reight rail is the backbone of the American economy – moving what matters safely, efficiently, and reliably every day.”

Jefferies emphasized that the AAR looks forward to collaborating with Fink on “smart, evidence-based policies” that strengthen rail safety, efficiency, and supply chain resilience. With Fink’s extensive industry background and the FRA’s regulatory mission, rail carriers and shippers are optimistic about a constructive partnership focused on advancing rail innovation and reliability.

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After months of anticipation, the Senate has received a nomination for a Commissioner of the U.S. Consumer Product Safety Commission (CPSC). 

In May 2025, President Trump removed the three Democratic Commissioners, leaving the two Republican Commissioners, Dziak and Feldman. Then, on August 22, 2025, Commissioner Dziak announced his resignation, leaving Acting Chairman Feldman as the sole Commissioner.

On October 2, 2025, President Trump nominated William “Billy” Hewes, III to join Acting Chairman Feldman as a Commissioner of the CPSC.

Continue Reading CPSC Commissioner Nominated

The Surface Transportation Board (STB) recently announced that it is considering issuing a policy statement clarifying the scope of preemption under the Interstate Commerce Commission Termination Act of 1995 (ICCTA). This development follows a joint letter from multiple rail, intermodal, and other industry associations urging the STB to provide clearer guidance to curb inconsistent state and local regulation affecting rail operations, as well as a series of Policy Review Team meetings with interested parties to discuss ideas for breaking down regulatory barriers and furthering competition. As the STB notes, a “major theme from these meetings was the need for greater clarity and consistency in preemption.”

Continue Reading STB Considering Move to Clarify ICCTA Preemption

The U.S. Consumer Product Safety Commission (CPSC) issued its Lapse Plan in advance of the federal government shutdown. The CPSC will furlough 35% of full-time employees, with the overwhelming majority of those retained focused on “protect[ing] life and property.” Under the Lapse Plan, consumer-oriented programs and, notably, civil penalties, will pause for the duration of any shutdown. To learn more, please read our Client Alert CPSC Shutdown Plan: Continue Enforcement, Pause Public Engagement and Civil Penalties.

On August 12, 2025, Alaska Marine Lines, which operates barge services to Hawaii and Alaska, announced that it will no longer ship electric vehicles (EVs) or plug-in hybrid electric vehicles (PHEVs) on its vessels. The prohibition on EVs and PHEVs took effect immediately for barges to Hawaii, Central Alaska, and Western Alaska, and took effect on September 1 for barges to Southeast Alaska. The company attributed the change to “the increased complexity and fire risk associated with shipping large lithium-ion batteries on vessels at sea.” EV fires pose unique difficulty for firefighters, ranging from the difficulty of extinguishing the fire to the gases released. The announcement comes about two months after a cargo ship carrying thousands of new vehicles, including EVs and PHEVs, caught fire off the coast of Alaska and burned for weeks before eventually sinking.

Continue Reading Alaskan and Hawaiian Barges Will No Longer Carry EVs Due to Concerns Regarding Fires
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Last Thursday, the Senate confirmed three of President Trump’s picks for Department of Transportation (DOT) administrator positions:

  • Jonathan Morrison, National Highway Traffic Safety Administration (NHTSA)
  • Sean McMaster, Federal Highway Administration (FHWA)
  • Paul Roberti, Pipeline and Hazardous Materials Safety Administration (PHMSA)

The confirmations were considered “en bloc,” meaning that the administrators, along with 45 of President Trump’s other executive branch nominees, were confirmed by a single Senate vote.

Jonathon Morrison’s confirmation fills a three-year vacancy in the Administrator position at NHTSA. Ann Carlson was previously nominated by President Joe Biden in 2022, but her nomination was ultimately withdrawn, and she served as Acting Administrator until 2023. Prior to Jonathan Morrison’s confirmation, Peter Simshauser (NHTSA Chief Counsel) served as Acting Administrator.