Presentations | February 7, 2023

Where We’re Going…Well there are Still Roads: A Look at the Enhanced Road Experience of the Future

Adam Giuliano recently spoke at the 2023 US Infrastructure Law Forum’s session “Where We’re Going…Well there are Still Roads: A Look at the Enhanced Road Experience of the Future”. The session explores the impact of technology advancements on relevant contractual provisions and how these provisions have not experienced such transformative development over the intervening years. While the related intellectual property, data, and related provisions have often remained largely static, industry practice has evolved while state and federal legislatures and agencies have passed laws and implemented regulations addressing a host of related issues; from the safe use of road technology to how companies interact with the public with respect to data privacy and consumer data protection matters. This session explores these issues, particularly as they apply to the road sector, by asking:

  • What kinds of technological innovations are being implemented on projects today which (should) most impact customary procurement and contracting practices?
  • What kinds of procurement and contracting innovations should be implemented on projects going forward to account for these technological innovations?
  • What is the intellectual property regime in the typical project agreement and what are its potential shortfalls in the new world?
  • Does any particular regime incentivize the implementation of the most useful innovations on the projects?
  • What can we learn from the customary contracting practices of tech companies which are increasingly participating as subcontractors, and even major participants, on the road concessions and projects?
  • Where is the line between transit and non-transit projects when it comes to connected and/or autonomous vehicle operations?
  • How might drafting that line matter?
  • What should be done with all the data that these innovations create?
  • Which regulations govern the implementation of these innovations and the resulting data?
  • Who owns or can monetize the data?
  • Are these regulations leading to the best outcomes?
  • How can agreements adapt for change over time?
  • How do we navigate issues like Buy America, technology sourcing and supply constraints?