Electric Mobility & Infrastructure

We work with clients, including startups, government laboratories, universities, and major multinational corporations at all points along the supply chain, giving us a unique and rich understanding of this industry that allows us to provide practical, cost-effective advice. Representative clients have included the world’s largest automotive battery manufacturer, a major medical device company, an international metal-air battery producer that began as a spinoff of a Norwegian university, premier U.S. universities, a provider of multiple energy storage systems for integration with renewable energy sources, a manufacturer of fuel cell systems for primary grid power generation, and a wide variety of others.

Our deep experience in the energy storage and battery industry helps us to determine risks and recognize opportunities early so that our clients can develop successful strategies to gain a competitive advantage.

We also have significant experience in the government contracting area, and have helped our clients negotiate with the U.S. Department of Energy, the United States Advanced Battery Consortium, and various universities and other government and quasi-government agencies. We help our clients develop and implement procedures for meeting their contractual obligations under the complex government rules (e.g., setting up systems to identify, report, and protect “subject inventions” developed during the course of the contract) and aid in the management  of information flow exchanged during the contractual work.

Combined, our attorneys have decades of experience with a wide variety of technologies, including:

• Lithium-ion batteries
• Lithium-polymer batteries
• Lithium iron disulfide batteries
• Nickel metal-hydride batteries
• Alkaline batteries
• Metal-air batteries
• Lead-acid batteries
• PEM, SOFC, and molten carbonate fuel cells
• Capacitors
• Electronic control systems for batteries,
  fuel cells, and capacitors
• Testing equipment
• Safety systems
• Manufacturing processes and equipment

Our experience with energy storage systems and controls spans a wide variety of industries, including:

• Energy storage for electric grid load leveling and maintenance
• Energy storage for renewable energy sources such as wind, hydro, and solar
• Primary and secondary power generation
• Combined heat and power systems for home and industrial use
• Automotive applications (start-stop, starter batteries, hybrid and pure electric vehicles and related
  systems, etc.)
• Implantable medical devices, hearing aids, and the like
• Chemical production using energy storage devices such as fuel cells
• Consumer products

Demonstrated Success

Electric/Autonomous Vehicles

• Handle supply chain counseling on behalf of Fisker, whose goal is to develop affordable EVs and bring revolutionary battery technology to the marketplace.
• Advised Karma Automotive, a manufacturer of premium electric vehicles on all aspects of NHTSA compliance, as well as supply chain and commercial transactions.
• Advised Lyft, Inc. on regulatory matters related to the company’s autonomous vehicle program (Level 5) and prepared comments on NHTSA rulemaking actions related to autonomous vehicles and ADAS. Also advised on product safety investigations involving lithium batteries and lithium-powered work lamp, which resulted in a recall.
• Handled development and supply agreements, as well as with warranty policies and regulatory compliance for Momentum Dynamics, an EV technology company that develops and manufacturers wireless charging systems for mass transit, commercial, and passenger vehicles.
• Advised NextEnergy Center, a nonprofit focused on accelerating the commercialization of EV and other alternative energy technologies (including EV fast charging), in a variety of commercial matters. One of our Detroit partners serves on the Board of Directors of NEC.
• Provided counsel to Robert Bosch GmbH (and subsidiaries) on all NHTSA-related matters, including advising on compliance with Federal motor vehicle safety standards (FMVSSs), general NHTSA reporting matters, compliance issues related to new product development, regulatory issues related to the company’s autonomous vehicle program, and safety recalls.
• Supported electric truck manufacturer XOS in all aspects of commercial contracting, supply chain counseling, EV regulation compliance, and work with the business team on strategic decisions.
• Advised a manufacturer of driverless shuttles on import exemptions to allow importation and operation of vehicles for prototype testing.
• Advised a Tier 1 supplier, in partnership with major OEMs, on issues related to field testing of driverless transit buses and ride-share vehicles.
• Advised a manufacturer of electric drivetrains on FMVSS compliance, issues related to on-road testing of prototype vehicles, defect investigations, and safety recalls.
• Advised a manufacturer of electric vehicle charging stations on product safety matters.

Intellectual Property

• Advised Aurora Innovation, a VC-backed company based in Palo Alto with Sequoia Capital and Amazon among its investors, on numerous patent prosecution matters in connection with its acquisition of LIDAR company, Blackmore, as well as with various export/import and other commercial matters.
• Advised BorgWarner Inc., a public Tier 1 automotive supplier, in an effort to build their electrification portfolio and systems expertise with respect to multiple IP licenses with complex agreements related to its joint venture with early-stage battery tech company, Romeo Systems, which was coupled with Series A investment by BorgWarner in Romeo.
• Advised Enel X on product design and industry standards for EV charging stations.
• Represented an electric vehicle manufacturer in developing a patent portfolio for battery, autonomous, connected vehicle, and drivetrain technology.
• Built Fisker state-of-the-art bank of commercial forms and provide supply chain and IP counseling for prototype phase.
• Advised Harley-Davidson on information technology agreements (software license, cloud-based and software-as-a-service, technology services) and data security requirements, protections, and vendor due diligence as well as on a safety recall involving the on-board charging system on a new LiveWire electric motorcycle.
• Represented Hitachi Automotive Systems for over 20 years in all their leading technology areas — along with various key engine components, the Foley team has been helping build their IP portfolio in the autonomous vehicle space, covering many aspects from object detection to vehicle parking assistance.
• Represented Lordstown Motors with patent applications, as well as several business and licensing issues.
• Represented Safemark, parent company of ScooterBug, that manufactures and supports all of the mobility devices at Disney and several other large amusement parks in Orlando and around the world, to protect Safemark’s products and services with patents and other intellectual properties.
• Represented a major automotive OEM in patent counseling, patent portfolio development, and a variety of other matters regarding EV technology for over 30 years.