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Before moving in-house at Toyota Motor North America in 2017, Todd Croftchik spent fifteen years trying automotive product liability cases across the US. Croftchik credits much of his success to the ability to try cases early in his career.
“The ability to get into trial within six months of starting as an attorney was transformational,” Croftchik explains. “If you’ve had significant trial experience, you know what’s important and what’s likely to be effective. However, when you’re just starting out, you don’t really know. Getting a chance to see a couple of trials and be a part of them early on evolves your skills rapidly. Trial experience also fast-tracks your ability to properly analyze and handle new cases.”
That’s why Croftchik encourages aspiring trial attorneys to take it upon themselves to find trial opportunities, including through pro bono work. “Do not wait for them to present themselves,” he urges. “You must get in court and get in front of a jury as soon as you possibly can. The information you generate in the litigation stage is presented at trial, but the presentation aspect is a unique skill that needs to be developed separately.”
“With new technology comes new theories in litigation.”
Todd Croftchik
Another benefit to Croftchik’s trial work was that he got a front-row seat to the evolution of the automotive industry. As cars have become “as much digital as mechanical,” he says, he has not only become a subject-matter expert on the vehicles themselves but on the legal considerations that accompany them. He applies that expertise at Toyota, where he serves as managing counsel of product liability.
“There was not much on a vehicle ten years ago that made driving decisions for you. Now, the vehicle’s computers are making decisions that alter vehicle performance under various circumstances,” Croftchik says. “The technology is impressive, but there is potential risk involved. With new technology comes new theories in litigation. So a huge part of what I do is learn about those technologies, understand their limitations, and help the company manage any risk associated with them.”
He adds: “As far as the driving experience goes, the car has probably changed or advanced more in the last ten years than the fifty years before that, but it’s just the tip of the iceberg. I’m really excited to be in the industry now and see what happens as these technologies get more and more advanced.”
“Todd’s extensive experience, attention to the important details, and strong focus on the technology takes many issues off table on the front end for the client,” says Cary A. Slobin, a partner at Nelson Mullins. “Those same qualities give trial counsel an advantage, making Todd an exceptional partner for cases that need to be tried.”
Based in Ann Arbor, Michigan, Croftchik works closely with Toyota’s engineers and R&D teams to understand what they are developing and to help them navigate legal questions that accompany that development. When he first came to the company, he didn’t anticipate that responsibility taking up so much of his time. But it’s a role that the Michigan native proudly embraces.
“I never expected being back in my home state and being able to help a great company like Toyota manage risk on the front end,” he says. “When you have a product liability case, your primarily focus is reactionary—effectively managing a piece of litigation after an event has transpired.
“But with front-end involvement, you have the opportunity to evaluate issues before they ever manifest,” he continues. “You get to give advice to the business units early on, and in real time, which allows them to consider the advice and move on with their project as efficiently as possible. Occasionally, I have a chance to offer a different point of view that impacts projects, and I find that to be a very rewarding part of my job.”
“It’s not a coincidence that all the things I now defend as a lawyer, I was playing with as a kid.”
Todd Croftchik
Croftchik grew up in Williamsburg, Michigan, which, at the time, had a population of one hundred fifty people. The town where he attended school was only a bit larger. But what those environments lacked in people, they made up for in tinkering opportunities, Croftchik says.
“I grew up in the sticks with snowmobiles, four-wheelers, motorcycles, boats. I built things, and as early as I can remember, I was down in my dad’s shop with wood and hand tools, killing time because it was ten degrees outside,” he says. “It’s not a coincidence that all the things I now defend as a lawyer, I was playing with as a kid.”
Shook, Hardy & Bacon LLP: “What distinguishes Todd is his holistic approach that combines the highest levels of legal strategy, technical acumen, practicality, and a focus on advancing the company’s interests. He’s achieved extraordinary results at every stage of his impressive career.”
–Amir Nassihi, Partner
