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BMW

EU Competition Newsletter – February 2017

by Bryan Cave on

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

BMW reverses its policy on internet selling restrictions for dealers following CMA action

by Bryan Cave on

In 2016, Carwow a new car portal, which introduces customers to dealers for the purchase of cars, complained to the Competition and Markets Authority (“CMA”) that BMW UK was prohibiting its dealers from listing their new BMW...more

Connected Cars are Coming. Quickly

by Hogan Lovells on

One of the highlights at this year’s Consumer Electronics Show (CES) was the parade of new connected vehicle technologies.  Automakers and their suppliers rolled out a number of innovative capabilities that promise to shape...more

Lessons Emerging from Pinnacle Hip Bellwether Trials

by Cozen O'Connor on

In a staggering verdict, a Texas jury recently awarded over $1 billion against Johnson & Johnson (“J&J”) and its subsidiary DePuy Orthopaedics Inc. (“DePuy”) (collectively referred to as “Defendants”) to six California...more

Locked in Sixty Seconds: Ransomware, Remote Access, and the Brave New Internet of Things

by Poyner Spruill LLP on

A few months ago, we analyzed ransomware incidents and offered some suggestions for handling an episode. Ransomware is a cyberattack in which a hacker uses malware to take control of computer systems. The system owner is...more

More Auto Companies Bet on Car-Sharing

by Foley & Lardner LLP on

Auto companies around the world have announced partnerships with car-sharing companies, or created their own car-sharing platforms. Toyota announced in October that it is investing in car-sharing service Getaround....more

Don’t be a Lemon: Be Careful What You Include in a “Lemon Law” Settlement

In Goglin v. BMW of North America LLC (No. D068442, filed October 21, 2016), a California appeals court held that a consumer was properly entitled to attorneys fees and costs under the Song-Beverly Consumer Warranty Act...more

Ninth Circuit Substantially Reduces Punitive Award Against Walgreen

Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more

Gear Up for Driverless Cars: Ford Puts Autonomous Vehicles in the Fast Lane

by Best Best & Krieger LLP on

As the conversation around driverless cars progresses from “if” to “when,” the debate over the timeline for the mainstreaming of this technology rages on. Some argue millions of driverless cars will be available by 2020....more

Texas Court Of Appeals Reduces $115 Million Punitive Award To A Mere Shadow Of Itself

Courts applying BMW and State Farm often emphasize the Supreme Court’s admonition that the constitutional line is not “marked by a simple mathematical formula”—typically when rejecting a defendant’s argument that the ratio of...more

Reflections on the Twentieth Anniversary of BMW v. Gore

Today marks the twentieth anniversary of the Supreme Court’s decision in BMW of North America. Inc. v. Gore, the first time the Court had ever held that a punitive damages award was unconstitutionally excessive under the Due...more

Africa Update - November 2015 #3

by Mintz Levin - ML Strategies on

Leading the News - Egypt: On November 12th, officials at the U.S. National Transportation Safety Board (NTSB) and the Federal Bureau of Investigation (FBI) noted while they had offered assistance to both Egyptian...more

Consent Decree Sheds Light on the EEOC’s Interpretation of its Background Check Guidance

On September 8, 2015, BMW Manufacturing Co., LLC and the U.S. Equal Employment Opportunity Commission (EEOC) entered into a consent decree ending the EEOC’s disparate impact lawsuit over BMW’s use of criminal background...more

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

by Thomas Fox on

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

Compliance at the Tipping Point, Part III – The VW Emissions-Testing Scandal

by Thomas Fox on

I continue my series on why I believe that compliance is at the ‘Tipping Point’ with a discussion of the Volkswagen (VW) emissions-testing scandal and its effect on the greater compliance world. Myself and many other...more

EEOC Criminal Background Check Cases Come With Big Price Tags for All Parties

by Faegre Baker Daniels on

One of the EEOC's top priorities has been ensuring individuals are not discriminated against based on their criminal histories. In recent years, it has filed multiple headline-grabbing lawsuits related to background checks...more

New Study Says ... Pace of Adopting Active Safety System Should Be Picked Up

by Foley & Lardner LLP on

Vehicle safety systems are experiencing a period of development unlike any in the history of the industry. While the 20th century focused on passive safety systems, such as crumple zones, seat belts, and airbags, these...more

Background Checks are Still Big Litigation Business—Just Ask BMW

Yet another reminder that everyone using criminal background checks in the hiring process needs to review their standards—BMW just entered a consent decree with the EEOC under which it will pay $1.6 million and offer to hire...more

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

by Littler on

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

The Background Check Conundrum: “Manufacturing” a Problem (Pun Intended)

I am a longtime advocate of pre-employment criminal background checks. So I have watched with resigned acceptance as the EEOC, over 100 states and cities across the United States, and other public advocates have fought to...more

That is SO last week - September 2015 #2

by Zelle LLP on

Last week, Ellen Pao withdrew the appeal in her sex discrimination lawsuit against Kleiner Perkins. The Pao v. Kleiner Perkins trial captivated Silicon Valley as it sought to spotlight all-male company ski trips and double...more

EEOC Settles Background Check Suit with BMW, Leaves Employers Still Without Guidance

by Hinshaw & Culbertson LLP on

Earlier this week, it was announced that BMW Manufacturing Co. and the EEOC had entered into a Consent Decree, resolving one of three high profile suits over a company's use of background checks in the hire process that had...more

EEOC Loses One, Wins One

by Sherman & Howard L.L.C. on

The EEOC had a roller coaster week with respect to its aggressive challenges to employers’ background check practices. On September 3, a federal district court in Maryland slapped the EEOC with an attorney’s fees...more

Holy Legal Fees, Batman!

The Equal Employment Opportunity Commission has been ordered to pay $938,771 in attorneys’ fees to Freeman after getting its clock cleaned in that lawsuit it filed over background checks and disparate impact based on race and...more

BMW Signs Consent Decree – Background Screening

BMW Manufacturing Co., LLC (“BMW”) entered into a consent decree with the Equal Employment Opportunity Commission (“EEOC”) regarding allegations that they discriminated against African American logistics employees through...more

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