General Motors

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Some good news for the UK after a brutal few days for the pound? It appears that the pound’s precipitous fall has acted as a sort of “giant shock absorber” against Brexit—a release valve of sorts that has meant decreased...more

Revisiting the Post-Sale Duty to Warn

A federal district court judge in New York City’s Southern District, applying Virginia law, recently invoked the concept of a manufacturer’s “post-sale duty to warn” to hold an automobile company potentially liable for...more

Your daily dose of financial news - The Brief – 9.15.16

The Committee on Capital Markets Regulation—a nonprofit that represents execs from many of the US’s largest banks—will release a paper today arguing that the Fed illegally sidestepped the APA by adopting “central parts of its...more

A Common Cue Creates No Confusion

Cue, Inc. sells high-end home audio equipment (e.g., table radios and speakers). In 2007, it applied to register the trademark CUE ACOUSTICS, and in late 2009 the USPTO allowed its application. Cue’s CUE ACOUSTICS mark was...more

GM Settles Pair of Ignition-Switch Cases, Faces Thousands More in Massive MDL

Plaintiffs in two separate federal bellwether cases against General Motors (GM) have won their claims against the automobile manufacturer and its faulty ignition switches. The settlements involve two women who were seriously...more

Hailing a Ride? What’s a Lyft Worth?

The sharing economy is dynamically shifting how products and services are consumed, and creating exponential value for companies that link unused capacity with demand. In the automobile industry, its impact is...more

Your daily dose of financial news - The Brief – 8.22.16

The SEC’s opened an inquiry into Hampton Creek in response to a Bloomberg report that the Just Mayo maker used undercover contractors to purchase its non-egg mayonnaise product in bulk not long before HC raised $90 million...more

No More Tears (Enough is Enough)… Ending the Debate About Unlawful Means in Conspiracy Torts

It was 1983. The Police’s Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of Canada released that seminal case seared into every competition litigator’s...more

Your daily dose of financial news - The Brief – 8.16.16

ValueAct Capital Mgmt, an activist investor, has taken a $1.1 billion stake in Morgan Stanley with 38 million shares that represent about 2% of shares outstanding. Unlike normal activists (at least for now), ValueAct took the...more

Losing Both Ways: Debtor Diligence in the Identification of Claims

Two recent cases serve as reminders the devil is truly in the details. As to the front-end risks associated with an early § 363(f) sale, in In re Motors Liquidation Company (the “GM” case) we have seen a $10 billion reminder...more

Second Circuit Raises a Caution Flag for Sales Free-and-Clear of Claims

The power of a bankruptcy court to authorize the sale of assets “free-and-clear” of liens and any other interests is a powerful tool that is used to realize value from distressed businesses. Indeed, purchasers will...more

A Call to Action: Leading Executives Issue “Commonsense Principles of Corporate Governance”

Citing the importance of publicly owned companies to the U.S. economy, a group of thirteen leading executives issued a set of principles, on July 21, 2016, outlining their vision for the critical elements of good corporate...more

Have a Contract in Canada? Your Class Action Risk is Greater Than You May Think

Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, as more and more...more

General Motors: Protection Granted in Section 363 Sale Orders is Only as Good as the Notice Given

In a recent decision by the U.S. Court of Appeals for the Second Circuit in the General Motors case, the court held certain claimants were not afforded procedural due process with respect to the § 363 sale of General Motor...more

Will We Continue to Uber and Lyft, or Will We Start to "VW?"

Volkswagen’s $300 million investment in ride-hailing service Gett is not exactly earth shattering news these days for the automotive industry. But what did catch our eye here at the Dashboard was what Volkswagen said,...more

Three Key Words for New Startups: Document, Document, Document

When you are starting a company, the last thing you want to think about is paperwork, particularly dense legal agreements between your other cofounder(s) and your new company. But as burdensome as it can seem now to properly...more

Your daily dose of financial news The Brief – 5.24.16

Tribune’s not only given a hard “no” to Gannett, but it’s got some new firepower (and capital) on its side thanks to a $70.5 million investment by Nant Capital—a group “founded by Patrick Soon-Shiong, a billionaire who has...more

Sustainable Development Update - May 2016 #2

Sustainable Development Focus - 399 Fremont tower's water heated by solar power - Bisnow - May 11 - San Francisco's 399 Fremont Street, owned by UDR and MetLife, now features the world’s tallest solar water...more

As Analysts Predict Slowdown In Sales Growth, Auto China 2016 Showcases Rise of SUVs in China

Many of the stories coming out of Auto China 2016 are showcasing the SUVs and luxury SUVs at the show. Highlights include SUVs and crossover SUVs concepts from VW (VW T-Prime Concept GTW), Infiniti (QX Sport Inspiration),...more

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials...more

Cal PUC Issues New Rules for TNCs

At the voting meeting on April 21, the California Public Utilities Commission approved new regulations impacting the operations of Transportation Network Companies (TNCs), such as Lyft and Uber, within California. The “Phase...more

Court preserves GM’s copyright claims against Autel and its VP

General Motors (GM) recently defeated a motion to dismiss in its case against Autel.US, Gary DeLuca, and others over the company’s alleged infringement of GM trademarks, copyrights, and circumvention of security measures,...more

Automakers Report Increased March U.S. Sales, But is the Pace of Growth Slowing?

Automakers closed out the first quarter with a 3 percent increase over last year’s March sales and 1.59 million cars sold. Some highlights of the 2016 versus 2015 sales numbers include...more

Car hackings and vulnerabilities update (Jeep/Fiat + GM)

Jeep/Fiat has been sued by a putative class alleging that they were harmed as a result of researchers’ ability to hack into a Jeep and take control of it. Jeep/Fiat filed a motion to dismiss, stating that the owners suffered...more

NHTSA Issues Recommended Best Practices for Protective Orders and Settlement Agreements in Private Litigation

The National Highway Traffic Safety Administration (NHTSA) last week issued “Enforcement Guidance Bulletin 2015-01: Recommended Best Practices for Protective Orders and Settlement Agreements in Civil Litigation,” which is...more

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