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Legal Issues and the Driverless Car: Moving Towards Mobility

Speaker(s): Jennifer A. Dukarski
Recorded on: Jun. 6, 2017
PLI Program #: 216146

Jennifer A. Dukarski is a Shareholder based in Butzel Long's Ann Arbor office, practicing in the areas of intellectual property, media and technology. She focuses her practice at the intersection of technology and communications with an emphasis on the legal issues arising from emerging and disruptive innovation: vehicle safety, connected and autonomous cars, data privacy and security, patient portals and telehealth, infotainment, and mobile apps. With experience in intellectual property, automotive and media law, she leads clients in securing and protecting technology through transactions and litigation.


Ms. Dukarski represents automotive suppliers in vehicle safety, connected and autonomous car technology, warranty and product quality disputes. Her automotive expertise as a former design engineer and quality manager has made her a valuable team member in complex product-related litigation covering warranty disputes, trade secrets and potential supply-chain stoppages. Ms. Dukarski has represented clients involved in field recalls and FMVSS noncompliance with NHTSA. She also advises on big data and technical matters including the connected and autonomous car, automotive threat vectors and privacy. Ms. Dukarski also uses her emerging technology expertise to draft and negotiate development agreements and technology licensing.

She is a contributor to the Original Equipment Supplier Association (OESA) North American OEM Production P.O. Terms and Conditions Comparative Analysis and currently serves as Counsel to OESA's Product and Technology Development Council.

Digital Media, Traditional Media and First Amendment

Ms. Dukarski assists a broad range of clients in internet advertising, promotions and branding in the age of sponsored content.

She also assists clients in traditional media issues including defamation, privacy, access issues, the Freedom of Information Act, the Open Meetings Act and FERPA. She has conducted pre-publication reviews and reviews of privacy policies, terms of use, and end user license agreements. Her clients include media and entertainment companies where she negotiates talent and production agreements and content licensing.

She also represents clients on First Amendment issues and has briefed establishment of religion and freedom of religion claims for the United States Court of Appeals for the Sixth Circuit.

Intellectual Property and Technology

Ms. Dukarski’s Technology practice focuses on technology transactions and cybersecurity threat detection, risk assessment, breach mitigation and response. She leads clients through assessment of IT systems, employee policies, business agreements and product architecture to prepare and mitigate the effect of data breach and cyberattacks. Ms. Dukarski has drafted and advised on commercialization agreements, purchase orders, global terms and conditions, and intellectual property reviews during due diligence including detailed reviews of technological and digital media assets. Ms. Dukarski has also successfully navigated the CFIUS process in the acquisition of a technology company in bankruptcy, assisting a foreign buyer.

Ms. Dukarski's Intellectual Property practice focuses on the prosecution, protection, licensing and enforcement of trademarks, copyrights and trade secret rights. She has successfully represented clients in Opposition and Cancellation proceedings in front of the United States Trademark and Trial Board. She has assisted trademark and copyright clients in federal court matters.

Health Care

Ms. Dukarski's Health Care practice focuses in the use of digital media and technology in health care including data privacy education, patient portals, telehealth, health apps, training and compliance. She represents a broad range of clients, including covered entities, business associates and independent news organizations covering health care, where she represented a nationally recognized website in compliance and health related copyright issues. She co-authored the Healthcare Licensing Manual for the State Bar's Healthcare Law Section to assist individuals in navigating the licensing and disciplinary processes in Michigan. She is a national panelist on the topic of data protection in health care with an emphasis on HIPAA/HITECH, health IT and E-Health. Prior to joining Butzel Long, Ms. Dukarski advised Health Legislative Aids (HLA's) for the Michigan delegation in the United States House of Representative s and the Senate on arthritis initiatives.


As a self-titled "recovering engineer," Ms. Dukarski held high-level quality management and engineering positions at major Tier One suppliers. She worked extensively on successful automotive product launches, managing vendors and manufacturing facilities. She has industry-based experience with field recalls and was a representative to the University of Michigan's CIREN (Crash Injury Research & Engineering Network) and UMPIRE (University of Michigan Program for Injury Research and Education). Working as a design engineer, she received multiple Record of Invention Awards for contributions to patents and trade secrets. She is a Six Sigma Certified Master Black Belt.

Ms. Dukarski is a graduate of the University of Detroit Mercy School of Law (J.D., magna cum laude, 2010). Her honors include the Frank Murphy Honor Society Member and the Denise Ilitch Scholarship Award. She was an Associate Editor at the University of Detroit Mercy Law Review and the Executive Director of the Moot Court Board of Advocates where she won the National Championship at the inaugural National Moot Court Invitational Tournament.

Ms. Dukarski is also a graduate of the University of Detroit Mercy College of Engineering and Science, (B.S., Mechanical Engineering, summa cum laude, 1996). Her undergraduate honors and activities include: Insignis Scholar, Tau Beta Pi Engineering Honor Society Member, Student Service Award, Student of the Year Award, Reverend Huetter Award for Leadership in Athletics, and Fencing Team Captain.

Ms. Dukarski also held positions at the United States House of Representatives, Washington, D.C. as a Congressional Page, and at the University of Detroit Mercy School of Law, as Adjunct Faculty. Ms. Dukarski currently serves as Advisory Board Member to the University of Detroit Mercy College of Engineering, Mechanical Engineering Department; and is an adjunct professor at Baker College, teaching Intellectual Property Law in the Paralegal program.