Overshadowed by the outbreak of the COVID-19 pandemic, Tesla in early March quietly racked up another win that will allow it to continue the direct sale of new motor vehicles to consumers in Virginia. On March 3, 2020, the...more
7/8/2020
/ Appeals ,
Automotive Industry ,
Business Ownership ,
Car Dealerships ,
Direct to Consumer Sales ,
DMV ,
Elon Musk ,
Manufacturers ,
Representational Standing ,
Standing ,
Tesla ,
Trade Associations
On June 30, 2020 the Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) jointly issued new guidelines on how antitrust enforcers evaluate “vertical” mergers—mergers between suppliers and...more
On Wednesday, May 20, 2020, an Arizona federal district court judge issued a long-awaited order on motions to dismiss a complaint filed by CDK Global LLC (CDK) and Reynolds & Reynolds Company (Reynolds) challenging amendments...more
5/28/2020
/ Car Dealerships ,
Commerce Clause ,
Computer Fraud and Abuse Act (CFAA) ,
Contracts Clause ,
Data Management ,
Data Protection ,
Data Security ,
Defend Trade Secrets Act (DTSA) ,
DMCA ,
Due Process ,
First Amendment ,
Gramm-Leach-Blilely Act ,
Personally Identifiable Information ,
Preemption ,
Takings Clause
The White House recently issued guidelines for “Opening Up America Again” in anticipation that the COVID-19 pandemic may soon begin to recede, at least in some areas of the country. These guidelines recommend that state...more
4/28/2020
/ Automotive Industry ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Essential Functions ,
Non-Essential Businesses ,
Re-Opening Guidelines ,
Retailers ,
Return-to-Work Agreements ,
Screening Procedures ,
State and Local Government ,
Virus Testing ,
Workplace Safety
Seyfarth's Future of Automotive Series -
On March 23, 2020, Colorado Governor Jared Polis signed into law S.B. 20-167, which amends that state’s dealer statute to allow some electric vehicle manufacturers to own, operate,...more
On March 23, 2020, Colorado Governor Jared Polis signed into law S.B. 20-167, which amends that state’s dealer statute to allow some electric vehicle manufacturers to own, operate, and control motor vehicle dealerships in...more
In the past two weeks, numerous states have ordered businesses deemed non-essential to eliminate their in-person workforce to slow the spread of the coronavirus. All of these states have identified automobile repair and...more
Acknowledging that “[c]onsumers are clamoring for the opportunity to purchase the vehicles of their choice online because it expands the options available and enables them to save a considerable amount of time and possibly...more
3/4/2020
/ Best Practices ,
Car Dealerships ,
Disclosure Requirements ,
E-Commerce ,
Internet ,
Internet Retailers ,
Manufacturers ,
Motor Vehicles ,
Online Advertisements ,
Online Platforms ,
Regulatory Oversight ,
Regulatory Requirements ,
Retail Market ,
Websites
Seyfarth's Future of Automotive Series -
U.S. Reps. Andy Levin (D-Mich.) and Alexandria Ocasio-Cortez (D-N.Y.) unveiled their “EV Freedom Act” on Thursday, February 7, 2020, proposing the creation of a network of...more
2/11/2020
/ Automotive Industry ,
Charging Stations ,
Electric Vehicles ,
Infrastructure ,
Innovative Technology ,
Legislative Agendas ,
Motor Vehicles ,
Proposed Legislation ,
Real Estate Development ,
Renewable Energy ,
Transportation Corridor ,
Urban Planning & Development ,
Zero-Emission Vehicles
On January 28, 2020, the Federal Trade Commission (FTC) announced that in 2020 the minimum size of transaction threshold for reporting proposed mergers and acquisitions under the Hart-Scott-Rodino (HSR) Act will increase from...more
1/30/2020
/ Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Popular ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
In a unanimous Opinion and Final Order issued on November 1, 2019, the Federal Trade Commission (“FTC”) upheld an administrative law judge’s determination that the acquisition by one leading US supplier of lower-limb...more
11/21/2019
/ Administrative Law Judge (ALJ) ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Corporate Counsel ,
Corporate Sales Transactions ,
Divestment ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Life Sciences ,
Medical Devices ,
Pharmaceutical Industry
Article I, Section 10, Clause 1 of the United States Constitution provides that “[n]o state shall . . . pass any . . . Law Impairing the Obligation of Contracts . . . .” On August 2, 2019, a panel of the US Court of Appeals...more
11/18/2019
/ Amended Legislation ,
Appeals ,
Constitutional Challenges ,
Contracts Clause ,
Cross Motions ,
Dealerships ,
Denial of Rehearing ,
Farm Supplies ,
Heavy Equipment ,
Manufacturers ,
Motion To Enjoin ,
Motor Vehicles ,
Permanent Injunctions ,
Preliminary Injunctions ,
Public Purpose ,
Retroactive Application ,
State Law Claims
On October 12, 2019, California governor Gavin Newsom signed into law Assembly Bill 179 (A.B. 179), a bill that will make significant changes to the warranty reimbursement provisions of the California Vehicle Code effective...more
10/23/2019
/ Adverse Action ,
Auto Repair Regulations ,
Automotive Industry ,
Car Dealerships ,
Data Management ,
Distributors ,
Export Controls ,
Fair Compensation ,
Manufacturers ,
Motor Vehicles ,
New Legislation ,
Reimbursements ,
Repairs ,
Sales & Distribution Agreements ,
Service Contracts ,
State and Local Government ,
State Bans ,
Surcharges ,
Vehicle Code ,
Warranties ,
Wholesale
The two leading Dealer Management System (“DMS”) providers in the United States—CDK Global, LLC (“CDK”) and The Reynolds & Reynolds Company (“Reynolds”)—have filed suit in federal court in Arizona seeking to block an...more
The National Association of Motor Vehicle Boards and Commissions (“NAMVBC”) held its annual fall workshop from September 19-21, 2019 in Sacramento, California. The three day workshop featured panel discussions about internet...more
10/1/2019
/ Auction ,
Automotive Industry ,
Dealerships ,
E-Commerce ,
Franchises ,
Fraud ,
Internet Retailers ,
Licensing Rules ,
Motor Vehicles ,
Online Distribution ,
Regulatory Requirements
When Congress adopted legislation in 1958 requiring that manufacturers affix a label—today called a “Monroney sticker”—in the window of each new motor vehicle they produced showing the suggested retail price for the vehicle...more
8/20/2019
/ Automotive Industry ,
Disclosure Requirements ,
E-Commerce ,
Labeling ,
Manufacturer Liability ,
Manufacturers ,
Motor Vehicles ,
Price Transparency ,
Retail Market ,
Retail Sales ,
Retailers
As competition intensifies and auto manufacturers and distributors look for new ways to realize value from their brands, they and their counsel would do well to familiarize themselves with the Federal Trade Commission’s (FTC)...more
7/9/2019
/ Amended Rules ,
Automotive Industry ,
Business Opportunities ,
Car Dealerships ,
Federal Trade Commission (FTC) ,
Franchise Disclosure Document ,
Franchise Laws ,
Franchisee ,
Franchisors ,
FTC Franchise Rule ,
Manufacturers ,
Risk Assessment ,
Risk Mitigation
The Antitrust Guidance for Human Resource Professionals issued by the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) on October 20, 2016 is not a change in law, but it is a fair warning to human resources...more
11/9/2016
/ Antitrust Violations ,
Criminal Liability ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
New Guidance ,
No-Poaching ,
Non-Solicitation Agreements ,
Wage-Fixing ,
Yates Memorandum