On April 15, 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 two and a half months to issue a decision on...more
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
On February 2, 2022, U.S. Rep. Bobby L. Rush introduced the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, H.R. 6570 (the “Act”), legislation that would require OEMs to make vehicle-generated data more...more
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
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
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
Automakers will have to wait a little longer to find out whether they will be required to comply with required changes to installed telematics systems beginning with model year 2022 (MY22) vehicles that Massachusetts voters...more
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
On Friday, June 25, 2021, a Massachusetts federal district court held the first of two closing arguments in Alliance for Automotive Innovation v. Healey, a case involving a motor vehicle manufacturer trade association’s...more
On June 14, 2021, the federal court bench trial commences in Alliance for Automotive Innovation v. Healey, where a motor vehicle manufacturer trade association seeks to invalidate a 2020 ballot initiative amending that...more
Reminding everyone that it is the responsibility of the “court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding,” Judge Douglas Woodlock recently settled multiple...more
On Wednesday, January 27, a Massachusetts federal judge heard oral argument on a motion filed by the Massachusetts Attorney General’s Office seeking early dismissal of a constitutional challenge brought by the Alliance for...more
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
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
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
Like so many other businesses, auto dealers sought and received loans from the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”). The COVID-19 pandemic and the resulting state and local shut down...more
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
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
In-house attorneys often wear multiple hats when performing work for private companies. Some of their work clearly falls under the provision of legal services, while others can be less clear quasi-business roles. ...more
As we previously covered, a group of 18 state attorneys general in July filed comments with the Federal Trade Commission (“FTC”), asking the FTC to incorporate labor concerns when reviewing corporate mergers and to use its...more
12/16/2019
/ Antitrust Provisions ,
Competition ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Regulatory Oversight ,
Restrictive Covenants ,
Sherman Act ,
Trade Secrets
Courts have long lamented that “computing damages in a trade secret case is not cut and dry,” Am. Sales Corp. v. Adventure Travel, Inc., 862 F. Supp. 1476, 1479 (E.D. Va. 1994), meaning that “every [trade secret] case...more
10/17/2019
/ Antitrust Violations ,
Calculation of Damages ,
Confidential Information ,
Counterclaims ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Future Royalties ,
Misappropriation ,
Permanent Injunctions ,
Trade Secrets ,
Unjust Enrichment ,
UTSA
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
In an a recently published opinion, the Ninth Circuit answered the question whether “LinkedIn, the professional networking website, [may] prevent a competitor, hiQ, from collecting and using information that LinkedIn users...more
9/28/2019
/ Appeals ,
Cease and Desist ,
Computer Fraud and Abuse Act (CFAA) ,
Data Collection ,
Injunctive Relief ,
Irreparable Harm ,
LinkedIn ,
Preemption ,
Public Records ,
Split of Authority ,
Unauthorized Access ,
Web Scraping
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
A group of 18 state attorneys general (the “AGs”) recently filed comments with the Federal Trade Commission (“FTC”) in advance of a series of hearings centered on changes to antitrust and consumer protection enforcement in...more
8/5/2019
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Franchises ,
Horizontal Agreements ,
Intellectual Property Protection ,
Labor Regulations ,
No-Poaching ,
Non-Compete Agreements ,
Regulatory Oversight ,
Restrictive Covenants ,
State and Local Government ,
State Attorneys General