General Motors

News & Analysis as of

9th Circuit Holds Subsidiary Could Be The General Manager Of Its Parent

Section 2110 of the California Corporations Code governs service of process on a foreign corporation. One means of valid service under the statute is by delivering process by hand to the corporation’s general manager in...more

Can Plaintiffs Seek an Adverse Inference from Defendant Corporations' Privilege Assertions?

The attorney-client privilege benefits society by encouraging clients' frank disclosure to their lawyers, but it undeniably conceals highly relevant communications. Surprisingly, only a few courts have addressed plaintiffs'...more

When Mechanical Failure is to Fault

Automobiles have thousands of parts. Each of these parts operate in concert to propel the vehicle down the road. When these parts fail they can make a vehicle unsafe to drive. Brake failures, tire blowouts, malfunctioning...more

The Southern District of New York Addresses the Crime-Fraud Exception

The "crime-fraud" exception can deny privilege protection for certain otherwise protected communications between lawyers and their clients. However, many litigants and even some lawyers misunderstand the doctrine's narrow...more

"M&A Techniques in a Complex Environment"

While the headlines in 2015 focused on the “megadeal” transactions over $5 billion (there were at least 137 such deals in 2015, according to Thomson Reuters), many transactions involving cross-border activities required...more

Business Litigation Report - December 2015

Legal Issues Raised by the Driverless Vehicle Revolution: Part 1 - Fueled by the high-profile efforts of technology giants like Google, major manufacturers like General Motors and Tesla, and new auto industry entrants...more

Legal Issues Raised by the Driverless Vehicle Revolution: Part 1

Fueled by the high-profile efforts of technology giants like Google, major manufacturers like General Motors and Tesla, and new auto industry entrants like Uber and Apple, the driverless car revolution is here. Tomorrow’s...more

Ignition Switch Flaw Linked to Hundreds of Personal Injuries, Deaths

A recall of more than 2.6 million vehicles by auto manufacturer General Motors has set off intense scrutiny of the auto giant’s safety practices. An investigation into the recall, which addressed faulty ignition switches in...more

Big Win for Automakers After Federal Judge Dismisses Car Hacking Lawsuit

On November 25, a California federal court dismissed without prejudice a proposed class action against Toyota Motor Corp., Ford Motor Co., and General Motors LLC, claiming the carmakers failed to ensure the electronic...more

Big win for car manufacturers, dismissal of data breach suit

A California federal court dismissed a proposed class action against Toyota Motor Corp. (Toyota), Ford Motor Co. (Ford) and General Motors, LLC (GM) this week, after a class of drivers alleged that the car companies failed to...more

GM Judge Nuances His Earlier Rulings and Sets Out Permissible Ignition Switch Lawsuits

At a hearing in late August, Judge Robert Gerber expressed his annoyance with both sides in the ongoing battle to determine whether General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General...more

Ford UAW Workers Defy Logic Of Ricky Bobby With New Tentative Agreement

If you ain’t first, you’re last. Not so say the Ford UAW workers whose bargaining committee recently reached a new tentative agreement with Ford. While Ford was the last to reach a tentative agreement with the UAW, if the...more

U.S. Auto Companies Report Best October in 10+ Years, Head Toward Record Year

The auto industry posted the strongest October sales in ten years—and even longer for some U.S. companies. The industry is capitalizing on low interest rates and low fuel prices across the U.S. to drive record sales....more

Northern District of Texas Won’t Certify Class of GM Employees Alleging Religious Accommodation Claims

The U.S. District Court for the Northern District of Texas refused certify a class of GM employees alleging Title VII religious accommodation claims because the class was not ascertainable and plaintiffs failed to satisfy the...more

UAW Continues to Use Strike Threat as a Powerful Negotiating Tool

In an effort to keep the momentum in its favor, the UAW gave GM a strike deadline of Sunday, October 25, 2015, at 11:59 p.m., to reach a tentative agreement. The UAW’s strategy appears to have worked as the parties reached a...more

Court Denies Class Certification On Religious Discrimination Claims

In an order recently issued in James Robinson III, et al. v. General Motors Company, et al., Case No. 15-CV-158-Y (N.D. Tex. Oct. 21, 2015), Judge Terry R. Means of the U.S. District Court for the Northern District of Texas...more

One Down, Two to Go - UAW Ratifies New Contract With Fiat Chrysler

The UAW appears to have learned from its mistakes from the first ratification vote. On October 22, 2015, the UAW announced that a majority of its membership voted in favor of the revised tentative agreement with Fiat...more

Trans-Pacific Partnership Has Challenges, Opportunities for U.S. Companies

The U.S. and its 11 negotiating partners – Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam – reached preliminary agreement on October 5, 2015, on the Trans-Pacific...more

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

More Courts take a Narrow View of Subject Matter Waivers

Thanks to common law developments and Federal Rule of Evidence 502, the frightening specter of subject matter waivers now usually only arises when litigants affirmatively rely on privileged communications to gain some...more

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

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

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

Not So Fast My Friend – UAW Membership Rejects Tentative Agreement

During their press conference on September 15, 2015, UAW President Dennis Williams and Fiat Chrysler CEO Sergio Marchionne appeared satisfied with the tentative agreement reached after months of bargaining. The two friends...more

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

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

How Can the Automotive Industry Strengthen Its Regulatory Compliance Process and Reduce Its Compliance Risks?

Many Americans listened last week to the admissions by the now former President of Volkswagen that the company had been “dishonest” and had cheated on the U.S. emissions tests. How was this happening at the world’s #1...more

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