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In an article for Law360, litigation partner Jake Kramer and associates Matt Lechner and Tyler White discuss the compliance challenges original equipment manufacturers (OEMs) face under an expanding patchwork of state right-to-repair laws.
The article explains that 13 states have enacted right-to-repair legislation, nine of which apply to digital electronic equipment, and that these statutes differ on pricing for parts and software tools, cutoff dates, trade secret protections, liability shields, and parts pairing, in some cases conflicting outright.
The authors note that state attorneys general and private litigants have begun enforcement efforts, and explain that, absent federal legislation preempting the state laws, OEMs will need to make careful, pragmatic decisions about how best to comply nationwide.
