Straight Talks: New players, new rules - IP disruption in the automobile industry
On September 4, 2024, New York Gov. Kathy Hochul signed into law an amendment to New York’s warranty reimbursement statute, N.Y. Veh. & Traf. Law § 465, requiring manufacturers to compensate dealers for labor using the...more
A number of auto suppliers are reducing R&D and engineering budgets in response to cost pressures, according to a report in Crain’s Detroit. Declining automotive plant capacity utilization in the U.S. is expected to be a...more
A recent decision of the Illinois Motor Vehicle Board (the “Board”) reinforces why auto manufacturers need to ensure they have a proactive process in place to address the timely renewal of expiring dealer agreements. Based on...more
Key Developments - U.S. new light-vehicle sales reached a SAAR of 15.3 million units in June, and second quarter 2024 sales fell by approximately 0.4% from April-June 2023, according to initial estimates from Wards...more
A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Cox Automotive predicts U.S. new light-vehicle sales in the first half...more
Welcome to the June, 2024 edition of Plugged In. I am filling in this month for our editor, Heather Frayre, during her well-earned vacation. This month we focus on the U.S. and China relationship as North America’s EV...more
Trade associations representing independent repair facilities have become strong advocates for expanding right to repair laws to increase member access to vehicle telematics data. These efforts have created uncertainty for...more
On May 23, 2024, the Sixth Circuit became the latest court to analyze last year’s Michigan Supreme Court decision of MSSC, Inc. v. Airboss Flexible Prods. Co. (“Airboss”), finding that an automotive supplier’s “blanket...more
On May 28, 2024, Colorado became the fifth state to adopt a “right to repair” law, with Governor Jared Polis signing HB 1121, the “Consumer Right to Repair Digital Electronic Equipment” bill. Colorado now joins California,...more
The FCC – in the latest iteration of its expanding role as a regulator in the national security space – recently adopted a Notice of Proposed Rulemaking (“NPRM”) proposing to fortify the security of the wireless supply chain...more
Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more
Editor’s Note - Welcome to the May 2024 edition of Plugged In! This month, we delve into the nuanced developments shaping the future of EVs, from strategic challenges to investment trends....more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Foley & Lardner and MEMA Original Equipment Suppliers will host a...more
Last week, the Illinois federal court in Volkswagen Group of America v. Illinois Secretary of State, 2024 WL 2020036 (N.D. Ill. May 6, 2024) granted a motion to dismiss a challenge brought by Volkswagen (“VW”) against a 2022...more
1. “No re-export to Russia” clauses become mandatory for certain contracts within the EU - As of March 20, 2024, so-called “no re-export to Russia” clauses have become mandatory for certain types of contracts concluded by...more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Foley & Lardner provided an overview of recent state and federal...more
In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation...more
The Michigan Supreme Court’s July 2023 decision in MSSC, Inc v AirBoss Flexible Prods Co renewed many suppliers’ ammunitions in customer negotiations. One OEM, however, has been publicly pushing back against those arguments,...more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Recent pricing disputes with suppliers have resulted in production...more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Foley & Lardner LLP partner Nicholas Ellis is quoted in the Supply...more
“Every little one, every little one,” a song lyric from Bruce Hornsby and the Range’s 1986 single, “Every Little Kiss,” comes to mind when we read a recent Food and Drug Administration Warning Letter issued to a reprocessor...more
1. Leasing provider liable for behavior of car dealership employees in court case relating to vehicle purchase option after end of leasing agreement - When a customer decides to lease a vehicle offline, the first point of...more
On March 1, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (“BIS”) published an Advance Notice of Proposed Rulemaking1 (the “Notice”) seeking public comments on potential regulation of the...more
On March 1, 2024, at the direction of President Biden, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on the proposed...more