A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between...more
3/11/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Breach of Contract ,
Competition ,
Contract Terms ,
Dealerships ,
Internet Retailers ,
Manufacturers ,
OEM ,
Policies and Procedures ,
Popular ,
Retail Market ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
More than four years after an industry trade association first filed its challenge to a November 2020 ballot initiative in Massachusetts, a federal judge issued an order in Alliance for Automotive Innovation v. Campbell...more
2/12/2025
/ Automotive Industry ,
Data Privacy ,
Data Protection ,
Manufacturers ,
Motor Vehicles ,
OEM ,
Regulatory Oversight ,
Regulatory Requirements ,
Right-To-Access ,
Telematics ,
Unfair or Deceptive Trade Practices
On Friday, January 31, 2025, the Alliance for Automotive Innovation (“Auto Innovators”), a trade association representing manufacturers in the auto industry, filed a lawsuit in federal court in Maine seeking to enjoin...more
2/4/2025
/ Automotive Industry ,
Cybersecurity ,
Data Privacy ,
Motion To Enjoin ,
Motor Vehicles ,
OEM ,
Preemption ,
Regulatory Requirements ,
Right to Repair ,
State Attorneys General ,
Telematics
OEMs may finally get some clarity in the next couple of months about their obligations under Massachusetts and Maine right to repair laws requiring them to provide owners and independent repair facilities access to mechanical...more
1/10/2025
/ Automotive Industry ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
Manufacturers ,
Motor Vehicles ,
New Legislation ,
NHTSA ,
Right to Repair ,
State Attorneys General ,
Telematics
In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. ...more
1/3/2025
/ Competition ,
Confidential Information ,
Contract Terms ,
Employee Mobility ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets
The Automotive Right to Repair Working Group convened by the Maine Attorney General will review proposed legislation that would substantially amend provisions of the Maine Right to Repair Law concerning access to mechanical...more
On Tuesday, November 26, 2024, the Federal Trade Commission (“FTC”) released a staff report examining the duration of software support commitments by manufacturers of 184 connected devices, ranging from “smart” phones to...more
12/5/2024
/ Automotive Industry ,
Connected Items ,
Federal Trade Commission (FTC) ,
FTC Act ,
Information Technology ,
Innovative Technology ,
Magnuson-Moss Act ,
Motor Vehicles ,
OEM ,
Section 5 ,
Smart Devices ,
Telematics ,
Warranties
The Maine Attorney General’s Office recently announced that it has convened an 11-person working group of industry stakeholders to develop recommendations for legislation to establish an entity with rulemaking and enforcement...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
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
The Supreme Court recently took away an often-used weapon by shareholder plaintiffs in securities fraud cases, ruling that “pure omissions” from periodic SEC filings (absent any other duty to disclose) are not actionable...more
4/25/2024
/ Macquarie Infrastructure Corp v Moab Partners LP ,
Omissions ,
Regulation S-K ,
Rule 10b-5 ,
SCOTUS ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Violations
A Massachusetts federal court judge has ruled that an OEM-branded prepaid vehicle maintenance plan sold and administered by a third-party to auto dealers is not subject to the Massachusetts Motor Vehicle Dealer Act and...more
9/7/2023
/ Auto Repair Regulations ,
Auto Warranties ,
Automotive Industry ,
Car Dealerships ,
Maintenance Fees ,
Manufacturers ,
Motor Vehicles ,
OEM ,
Operation & Maintenance ,
Supply Chain ,
Volvo
The Alliance for Automotive Innovation, a trade association representing U.S. automakers and other manufacturers, announced on July 11, 2023 that it had entered into an agreement with trade associations representing...more
In a June 13, 2023 filing in the Alliance for Automotive Innovation v. Campbell case pending in Massachusetts federal court, the National Highway Traffic Safety Administration (NHTSA) gave notice that it had sent a letter to...more
On June 1, 2023, the Massachusetts Attorney General published the Massachusetts Vehicle Telematics System Notice that new car dealers in Massachusetts must now provide to purchasers of model year 2022 or later vehicles if...more
The Massachusetts federal judge in the Alliance for Automotive Innovation v. Attorney General action denied today a motion for a temporary restraining order seeking to enjoin the Massachusetts Attorney General’s forthcoming...more
The Federal Trade Commission (FTC) continues to focus on the automotive and related industries, with the FTC announcing on March 24, 2023 that it had entered into an agreement settling claims against operators of a...more
On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it was withdrawing three “outdated” antitrust enforcement policy statements related to healthcare markets. “After careful...more
Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more
On October 18, 2022, the Federal Trade Commission (FTC) announced a settlement resolving allegations that Passport Automotive Group, a Maryland-based automobile dealer group, packed junk fees into the cost of the vehicles it...more
Two procedural orders issued on September 14, 2022 by the Massachusetts federal court in Alliance for Automotive Innovation v. Healy suggest that a public decision in that case is unlikely to be forthcoming until October 2022...more
On June 23, 2022, the Federal Trade Commission (FTC) announced that it had entered into consent orders with manufacturers Harley-Davidson Motor Company Group, LLC and MWE Investments, LLC (maker of Westinghouse outdoor...more
The Department of Justice recently announced a revision of its policy concerning charging violations of the Computer Fraud and Abuse Act (the “CFAA”). Following recent decision from the Supreme Court and appellate courts that...more
In September 2019, the Ninth Circuit held that hiQ Labs, Inc.’s (“hiQ”) collection and use of information that LinkedIn users shared on their public profiles did not violate the Computer Fraud and Abuse Act (“CFAA”) because...more
A Massachusetts waffle manufacturer, The Burgundian, recently filed a lawsuit alleging that a potential co-venturer, Eastern Standard Provisions, submitted its Liege waffles for inclusion on Oprah Winfrey’s annual “Favorite...more