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Rebecca Baden Chaney is a partner in the firm's Washington, D.C. office and is co-chair of the firm’s Transportation Practice. Transportation, micromobility, consumer, and other product manufacturers lean on Rebecca Chaney’s keen understanding of the transportation and consumer product industries and the legal landscape to advance their businesses. Rebecca applies her commercial-focused product risk lens to represent product manufacturers facing litigation, commercial, and regulatory challenges.

Rebecca is an industry-recognized force in litigating complex product-related warranty, defect, indemnity and contractual commercial disputes, and consumer litigation, including in class actions and mass tort proceedings. She counsels her commercial clients on product disputes, risk mitigation, and crisis management matters. Rebecca additionally defends clients against defamation claims. Clients appreciate Rebecca’s close coordination with them, her proactive approach, and her critical and creative thinking about each stage in a litigation or matter.

Rebecca’s approach embraces product liability risk management across the life cycle of product commercialization, from pre- to post-launch to aftermarket. This includes advice on product labeling, as well as National Highway Traffic Safety Administration and Consumer Product Safety Commission regulatory compliance, recall, and enforcement issues.

When will the CPSC regulate micromobility products?  

On June 20, 2025, the Consumer Product Safety Commission (“CPSC”) re-noticed a proposed rule (“the notice” or “NPR”) on “Lithium-Ion Batteries Used in Micromobility Products and Electrical Systems of Micromobility Products Containing Such Batteries,” which it withdrew just days later. The notice has had an unusually erratic past – it was (1) voted on by the five-person commission in April, (2) initially noticed in early May, (3) withdrawn, (4) re-noticed in June, and (5) again withdrawn. The first withdrawal in May was due to President Trump’s firing of the three Democratic CPSC Commissioners who voted to issue the notice (the two Republicans on the Commission voted against it). After the Democratic Commissioners were reinstated, and the notice was reissued, it appeared that a micromobility rule was finally on its way. However, it was again removed – this time without explanation.

Continue Reading Federal Micromobility Regulations – the Up and Coming 

In Kiekert de Mexico S.A. de CV v. Brose Jefferson, Inc., another federal court in Michigan relied on the 2023 Airboss ruling regarding “release-by-release” agreements in an order allowing an auto parts supplier in Mexico to reject order-by-order purchase releases from a Michigan purchaser, finding that the “needs” of the buyer under the parties’ agreement were too vague to meet the statute of frauds.

At the heart of this issue is what amount of specificity exactly is required to spell out a “requirements contract,” which is enforceable under the statute of frauds and cannot be terminated on an order-by-order basis. In the absence of sufficient specificity, a release-by-release agreement allows either party to walk away from the “blanket” or “umbrella” supply agreement except as to specific release orders that are issued and accepted.

Continue Reading Another Michigan Auto Parts Agreement Terminated Under Release-By-Release Doctrine

On April 28, 2025, President Trump issued an Executive Order for Enforcing Commonsense Rules of the Road for America’s Truck Drivers. The EO declares it “the policy of [the] Administration to support America’s truckers and safeguard our roadways by enforcing the commonsense English-language requirement for commercial motor vehicle drivers and removing needless regulatory burdens that undermine the working conditions of America’s truck drivers.” Current Federal law provides that a commercial motor vehicle driver must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.” 49 C.F.R. § 391.11(b)(2). A June 15, 2016, Federal Motor Carrier Safety Administration (“FMCSA”) guidance document describes circumstances in which that regulation will and will not be enforced. The new EO requires that the Secretary of Transportation rescind that guidance document within 60 days and issue new guidance with “revised inspection procedures necessary to ensure compliance with the requirements of 49 C.F.R. 391.11(b)(2).” Such guidance should ensure that “a violation of the English language proficiency requirement results in the driver being placed out-of-service.”

Continue Reading New Executive Order on English Language Requirement for Commercial Vehicle Drivers

On April 24, the Department of Transportation announced the Trump Administration’s new framework for the regulation of Automated Vehicles (“AVs”). To learn more, please read our Client Alert NHTSA Announces First Actions Under Trump Administration’s New Framework for Removing Regulatory Barriers for Automated Vehicles.

The National Highway Traffic Safety Administration (NHTSA) published the below notices of final rulemaking this month. Specifically, NHTSA published one correction to its recent final rule on child restraint systems, and two notifications of enforcement discretion announcing that it would not enforce the requirements of two of its new final rules until March 20, pursuant to the “Regulatory Freeze Pending Review” presidential memorandum. The agency did not take further actions on these rules after March 20 and they remain effective.

Continue Reading NHTSA Rulemaking Roundup: March 2025

The U.S. Department of Transportation (DOT) has rescinded Biden-era memorandums from the Federal Highway Administration (FHWA) that prioritized infrastructure projects with social justice and climate goals, aligning with the Trump administration’s policy direction. U.S. Secretary of Transportation Sean Duffy stated these memos lacked statutory basis and will no longer influence DOT programs. Critics of the earlier policies had noted that the policy prioritized infrastructure projects intended to maintain or upgrade existing roads, highways, and bridges rather than new construction. This will also give states more autonomy in prioritizing funding allocations.  

Continue Reading DOT Reverses Course and Rescinds Policy Memos Related to Infrastructure Projects

The National Highway Traffic Safety Administration (NHTSA) published the below notices of final rulemaking in the Federal Register this month. Specifically, NHTSA published four delays of the effective dates of recent final rules following last month’s “Regulatory Freeze Pending Review” presidential memorandum directing agencies to further review final rules that have not yet taken effect. See below for brief summaries of the new rules’ extended effective dates.

Continue Reading NHTSA Rulemaking Roundup: February 2025

Our partner Amna Arshad is participating in the Grand Debate at The International Air Transport Association (IATA) World Legal Symposium 2025 in Shanghai on February 20! At the Grand Debate – the main event that closes out the conference – the panel will debate a matter of controversy in aviation law. Crowell International Dispute Resolution Partners Rob Hager and Michael Guiffre also are attending the Symposium.

Continue Reading Partner Amna Arshad To Take the Main Stage at IATA Symposium in Shanghai

On December 30, the Department of Transportation announced 2025 updated civil penalty amounts for the following agencies:

  • Office of the Secretary (OST)
  • Federal Aviation Administration (FAA) 
  • National Highway Traffic Safety Administration (NHTSA)
  • Federal Motor Carrier Safety Administration (FMCSA)
  • Federal Railroad Administration (FRA)
  • Pipeline and Hazardous Materials Safety Administration (PHMSA)
  • Maritime Administration (MARAD)
  • Great Lakes St. Lawrence Seaway Development Corporation (GLS) 
Continue Reading DOT Announces Adjusted Civil Penalty Amounts