Photo of Brian S. Westenberg

Brian S. Westenberg

Principal
Product Safety Group Leader

Office

T:
+1.248.267.3220
O:
+1.248.879.2000
F:
+1.248.879.2001
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Education

Detroit College of Law, J.D., 1992

University of Michigan-Dearborn, B.G.S. 1988

Bar Admissions

Brian Westenberg is a trusted advisor and product liability litigator with a cross-functional practice that focuses on representing clients in automotive regulatory matters (defect investigations and compliance) involving the U.S. National Highway Traffic Administration (NHTSA) and Transport Canada (TC). Brian is also co-leader of the Automotive Group.

He has participated in hundreds of automotive defect investigations and related regulatory matters pending before NHTSA and TC.  Brian also advises clients on navigating the requirements of NHTSA’s Transportation Recall Enhancement, Accountability and Documentation (“TREAD”) Act.

Brian is also a respected authority in e-discovery best practices and has supervised dozens of complex e-discovery matters for major U.S. and foreign manufacturers.  He assists clients in developing document retention policies and helps clients craft a defensible and cost-conscious approach to collecting, preserving and producing documents and information for litigation discovery and regulatory reporting purposes.

Brian is a member of the Regulatory Affairs Committee of the Motor and Equipment Manufacturers Association (MEMA). He is also a member of the Sedona Conference Working Groups on Best Practices for Electronic Document Retention and Production and Protective Orders, Confidentiality and Public Access.

Honors

Best Lawyers in America, Mass Tort Litigation/Class Actions-Defendants 2009-present

Professional Activities

State Bar of Michigan

U.S. Court of International Trade

Federal Bar Association

Macomb County Bar Association

Michigan Defense Trial Counsel

Motor and Equipment Manufacturers Association (MEMA), Regulatory Affairs Committee Member

Civic, Cultural & Social Activities

Miller Canfield Bombers Benevolent Athletic Society, Chair, September 2002-present

Miller Canfield Bombers v. Detroit Red Wings Alumni Charity Events, Steering Committee Chair, September 2002-present

Speeches

"Pro Active Data Management – Risk and Cost Perspective, Compliance Enterprise Wide E Mail Management," American Lawyer Media T3 Presentation in New York City, December 8, 2006

"Legal Issues Surrounding the Roll Out of Drive-by Wire Technology in the Automotive Industry." Society of Automotive Engineers, Distributed Embedded Systems and Software Group, Detroit, Michigan, March 7, 2002

"Shared Liability in Distributed Embedded Systems," Society of Automotive Engineers' 2003 World Congress, Detroit, Michigan, March 2003

"Understanding the TREAD Act," (bettermanagement.com and SAS) Webcast, Cary, North Carolina, April 8, 2003

"TREAD Act," Automotive Industry Action Group Educational Event, Pontiac, Michigan, May 15, 2003

"TREAD Act Town Hall, AUTO-TECH," Automotive Industry Action Group Educational Event, Detroit, Michigan August 25, 2003

Publications

"Transportation Recall Enhancement, Accountability and Documentation (TREAD) Act Reporting Information Kit for Motor Vehicle and Motor Vehicle Equipment Manufacturers," Automotive Industry Action Group, contributing editor, August 2003

Articles