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Prominent Dealer Group Learns That Enforcers Aren’t Joking Around About Vehicle Price Advertising And Financing

April Fool’s Day this year was no joke for a prominent dealer ownership group with locations in the Midwest and Southeast United States. On Friday, April 1, 2022, the Federal Trade Commission (FTC) and Illinois Attorney...more

Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more

OEMs Will Have To Wait Another Month for Decision In Massachusetts Right to Repair Case

On March 8, 2022, the Massachusetts federal court in Alliance for Automotive Innovation v. Healy issued a procedural order informing the parties that the court would need another month to issue a decision on a challenge...more

Alleged “No-Poach” Agreement in Health Care Industry Results in Another Criminal Antitrust Prosecution

The US Department of Justice (DOJ) recently announced the indictment by a grand jury charging four owners/managers of home health care agencies in Maine with participating in a conspiracy to suppress wages and restrict the...more

Sellers Beware: DOJ Antitrust Division Announces Enforcement Initiative to Prevent Exploitation of Supply Chain Disruptions

With inflation on the rise and COVID restrictions receding but not yet gone, manufacturers and retailers alike should take care not to get caught in a regulatory squeeze with respect to the prices at which they sell goods to...more

Judge Sets March Deadline to Decide Massachusetts Right to Repair Case

The Massachusetts federal district court judge overseeing a challenge to recent changes to the Massachusetts Right to Repair Law in Alliance for Automotive Innovation v. Healey announced today that he will issue a decision in...more

Massachusetts AG and OEMs Debate Whether Compliance With Massachusetts Right To Repair Law Is “Impossible”

On Friday, January 14, the Massachusetts Attorney General’s Office and the Alliance for Automotive Innovation filed dueling briefs in Alliance for Automotive Innovation v. Healey, a case pending in Massachusetts federal...more

Massachusetts Right to Repair Case Appears Nearly Ripe for Decision

The Massachusetts Attorney General’s Office and the Alliance for Automotive Innovation quietly filed a stipulation the day after Thanksgiving in Alliance for Automotive Innovation v. Healy, a lawsuit challenging recent...more

Federal Court Reopens Evidence In Case Challenging Massachusetts Right To Repair Law

On Thursday, October 28, a Boston federal judge agreed to reopen evidence in Alliance for Automotive Innovation v. Healy, a lawsuit challenging recent amendments to the Massachusetts Right to Repair Law (the “Data Law”), and...more

Ninth Circuit Denies Bid To Preliminarily Enjoin Arizona’s Dealer Data Security Law

On Monday, October 25, the Ninth Circuit Court of Appeals issued its long-awaited decision in the case brought by the two leading US providers of dealership management systems (“DMS”), CDK Global and Reynolds & Reynolds, to...more

Computers on Wheels: Complaint Against Auto Manufacturer For Allegedly Botched Software Update Survives (For Now)

A federal court in Georgia recently denied a motion to dismiss filed by an auto manufacturer seeking to avoid a putative class action lawsuit filed by an owner who claimed that an allegedly botched over-the-air (OTA) software...more

Future Driven Forum Panelists Highlight Increasing Urgency for Investment in Electric Vehicle Infrastructure

On September 14, 2021, the Alliance for Automotive Innovation hosted a program entitled “Accelerating Electrification: Plugging In” through its Future Driven Forum. The program was moderated by John Bozzella – President &...more

President Biden Issues Executive Order Setting National Target for Adoption of Zero-Emission Vehicles

Yesterday, President Biden issued an “Executive Order on Strengthening American Leadership in Clean Cars and Trucks.” The executive order sets “a goal that 50 percent of all new passenger cars and light trucks sold in 2030...more

FTC Announces Heightened Scrutiny Of Repair Restrictions In Wake Of President Biden’s Competition Executive Order

Following hard on the heels of President Biden’s July 9, 2021 “Executive Order on Promoting Competition in the American Economy,” which directed federal agencies to exercise their authority to promote competition and curtail...more

States Adopt Changes To Warranty Reimbursement Laws In First Half of 2021

State legislatures were busy in the first half of 2021, with no fewer than six (and likely seven) states adopting changes to statutory obligations imposed on manufacturers with respect to reimbursing dealers for performing...more

Judge Promises to Render Prompt Decision as Massachusetts Right to Repair Trial Concludes

A Boston federal court heard the final round of closing arguments on Wednesday, July 21 in Alliance for Automotive Innovation v. Healy, a lawsuit challenging recent amendments to the Massachusetts Right to Repair Law (the...more

As Cars Become Computers On Wheels, Computer-Based Litigation Against OEMs Becomes More Likely

A recently filed lawsuit illustrates the new litigation challenges that automakers will face as cars incorporate telematics and other connected car technologies. In a class action complaint filed in Bowen v. Porsche Cars...more

Commercial Litigation Outlook - 2021

As the nation emerges from the pandemic, clients face the double-whammy of delayed resolution of existing disputes (thanks to court shutdowns) and increased litigation activity across the board. The third quarter of 2020 saw...more

FTC Announces Reduced Hart-Scott-Rodino Act Thresholds For 2021

On February 2, 2021, the Federal Trade Commission (FTC) announced that in 2021 the threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will decrease from $94 million to $92 million. Deals that...more

Federal Judge Demands Factual Record in Challenge to Massachusetts Vehicle Telematics Law

Massachusetts federal district court judge Douglas Woodlock did not mince words during an hour-long hearing on Thursday, December 3, urging lawyers for the Alliance for Automotive Innovation and Massachusetts Attorney General...more

Manufacturers Challenge Massachusetts Law Requiring Changes to Vehicle Telematics Systems

With the effective date looming for changes to Massachusetts law that will require automobile manufacturers to make significant changes to telematics systems, a trade association representing OEMs on Tuesday, December 1,...more

Mass. Voters Expand Right to Repair Law: Is Past Prologue Or Will OEMs Be Forced To Fight Back?

Massachusetts voters on November 3, 2020 overwhelmingly approved Question One, a ballot initiative amending the state’s Right to Repair Law. Beginning with “model year 2022,” manufacturers who use a telematics system in their...more

Massachusetts Voters To Decide Whether OEMs Must Design Cars To Share Telematics Data

On November 3, 2020, Massachusetts voters will go to the polls for the second time in less than a decade to consider a “Right to Repair” ballot initiative. Question One would amend Massachusetts law to force auto...more

DMS Providers Fare No Better Than Automakers in Constitutional Challenge to Arizona Dealer Statute

An Arizona federal court recently rebuffed efforts by the two leading US providers of dealership management systems (“DMS”), CDK Global and Reynolds & Reynolds, to enjoin the enforcement of amendments to the Arizona dealer...more

California DMV Guidance Resolves Doubt About Where Digital Sales Occur

The COVID-19 pandemic has forced automobile dealers to increase their emphasis on digital sales as customers demand greater convenience and less physical contact with dealership personnel. ...more

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