Automotive Industry

News & Analysis as of

What's Next for NHTSA and Automotive Safety?

This past year, we witnessed the GM Ignition Switch investigation, which involved massive recalls, multiple Congressional hearings, and civil penalties; the ongoing Takata airbag inflator investigation and recalls (and more...more

Easing the Cuban Embargo: Automotive Industry Unlikely to Realize Any Immediate Benefit

The president’s recent announcement of plans to ease the 54-year old embargo of Cuba engendered great excitement and anticipation on the part of U.S. companies eager to do business in Cuba. However, although these proposed...more

The Odds and Evens of Q’s: Trademarks in the Car Industry

Last week was the North American International Auto Show in Detroit, one of the top trade shows in the automotive industry. The highlight of the show for car buffs was the new Ford GT, which I will try not to drool too much...more

Canadian Customs Authority Shifts Gears on Import Duty Refunds

The CBSA has made a long-sought-for change in its policy to allow duty refunds in the event of qualifying downward transfer price adjustments by importers. The change comes on the heels of victory by Bennett Jones in a test...more

Top Antitrust Issues Facing Automotive Suppliers in 2015

Recent U.S. and international antitrust developments will have important implications in 2015 for the automotive industry. U.S. antitrust developments include, in particular: In the international sector, important...more

Auto Body Antitrust Action Continues to Expand in Florida

On December 12, the Judicial Panel on Multidistrict Litigation issued an order transferring State of Louisiana v. State Farm Fire and Casualty Insurance to the Middle District of Florida, making the case the latest addition...more

Top Legal Issues Facing Automotive Suppliers in 2015

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more

New Legislative Requirements For Electric Vehicle Charging Stations At California Commercial Properties

Effective January 1, 2015, commercial landlords are prohibited from entering into leases or other occupancy agreements that include any unreasonable restriction or prohibition on the installation or use of an electric vehicle...more

Considering the Impact of Driverless Cars

Driverless cars, also called autonomous cars, auto-pilot cars, robo-cars, automated cars, connected cars, self-driving cars, or driver-free cars, can navigate and sense the surrounding environment without human input during...more

NY Department of Financial Services Settles With Auto-Dealer

On December 19, the New York Department of Financial Services announced a recent settlement with a Long Island-based auto lender to resolve allegations of violations of several consumer protection laws including the DFA,...more

Insurance Antitrust Legal News: Volume 4, Number 1

Verisk/EagleView Merger Derailed by FTC Challenge - On December 16, Verisk Analytics, a leading provider of data analytics and related services to the insurance industry, including rooftop aerial measurement products,...more

It’s Your Burden: South Carolina Supreme Court Rejects Department of Revenue’s Application of Alternative Apportionment

The South Carolina Supreme Court issued its decision in CarMax Auto Superstores West Coast, Inc. v. S.C. Dep’t of Revenue, Opinion No. 27474 (S.C. Dec. 23, 2014), holding that the South Carolina Department of Revenue (the...more

NY regulator settles lawsuit filed using Dodd-Frank authority

A settlement has been announced in the lawsuit filed by Benjamin Lawsky, the Superintendent of the New York Department of Financial Services, using his Dodd-Frank Section 1042 authority. Section 1042 allows state attorneys...more

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more

Senators Present New Whistleblower Law for Auto Industry

Sen. John Thune (R-S.D.) and Sen. Bill Nelson (D-Fla) recently presented a new piece of legislation that will protect the rights of whistleblowers within the auto industry, and offer them the potential to be paid millions of...more

Seat Belt Defects and Car Accidents

As we know, automobile accidents in the San Fernando Valley can lead to serious injuries and sometimes death. When we combine a several thousand pound vehicle with defective products, the injuries can be even more...more

Congress Enacts Legislation to Incentivize Natural Gas Vehicles

On December 19, President Obama signed into law the National Defense Authorization Act (NDAA), which includes significant non-defense provisions, including one that reforms the process by which the National Highway Safety...more

Section 363 Sale Order Enjoining Successor Liability Claims Not Subject to Subsequent Attack by State Agencies

A recent decision in the ongoing bankruptcy proceedings for Chrysler has reinforced the authority of a bankruptcy court to interpret its own sale orders, and where appropriate, to enforce such an order by preventing creditors...more

Charging Forward: California PUC Expands Utility Role in EV Charging Infrastructure Deployment

Yesterday, in a final decision that has not yet been issued, the California Public Utilities Commission (CPUC) overturned its blanket prohibition on utility ownership of electric vehicle (EV) service equipment (such as EV...more

Charting Your Way Through Chrysler Group LLC's New Terms and Conditions

Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and...more

On the Ninth Day of Privacy, my true love gave to me….

a tracking device in my car …. she is now my ex-true love…. A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data...more

U.S. Government Provides Guidance Regarding Certain Temporary Aviation-Related Iran Sanctions Relief

As previously advised, on January 20, 2014, Iran and the group of nations known as the P5+1 (United States, U.K., France, Russia, China and Germany) implemented a Joint Plan of Action (JPOA) whereby Iran agreed to accept...more

Illinois Supreme Court Agrees to Decide Limits on Self-Insured Car Rental Company's Liability for Customers' Accidents

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of considerable importance for Illinois’ car rental industry: can a self-insured car rental company be held liable without...more

Status Updates - December 2014 #4

Instagrowth. Instagram’s relationship with Facebook is turning out to be mutually beneficial. Since Facebook bought Instagram for $1 billion in 2012, the photo sharing platform has passed the 300-million-user mark, surpassing...more

Auto Notes - December 2014

In This Issue: - Retail Vehicle Installment Sale Contracts Now Regulated under PA Consumer Credit Code’s Motor Vehicle Sales Finance Provisions - Arbitration Clauses Referencing American Arbitration...more

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