FCA US LLC and Stellantis N.V. (“FCA”) issued new purchase order terms and conditions, including Global Terms and Conditions – Direct Materials (Common to all regions) and a North America Exhibit A to Global General Terms and...more
1/27/2022
/ Audits ,
Capacity ,
Compliance ,
Data Privacy ,
Equitable Relief ,
Export Controls ,
Financial Reporting ,
Indemnification ,
Insurance Industry ,
Limited Liability Company (LLC) ,
Payment Systems ,
Purchase Price ,
Remedies ,
Software ,
Suppliers ,
Terms and Conditions
A global pandemic. A worldwide shortage of microchips. Vaccine mandates and testing requirements. Labor shortages and increased salary costs for employees who do show up to work. Not to mention the hundreds of containers...more
The advent of new technology brings along with it the murkiness of how the American legal system will treat such technology. Before the rise of blockchain for instance, businesses were uncertain how courts would treat...more
10/8/2021
/ Blockchain ,
California Consumer Privacy Act (CCPA) ,
Confidentiality Policies ,
E-SIGN ,
Force Majeure Clause ,
General Data Protection Regulation (GDPR) ,
Governance Standards ,
Service Level Agreements ,
Smart Contracts ,
Supply Chain ,
Termination ,
UETA
...Given that the original epicenter of the coronavirus was the important worldwide manufacturing hub of Wuhan, China, the automotive industry was swiftly and seriously impacted in ways that continue one year later. The...more
One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues.
Foley’s...more
3/10/2021
/ Americans with Disabilities Act (ADA) ,
Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Mexico ,
NHTSA ,
Patents ,
Safety Standards ,
Supply Chain ,
Trade Wars ,
U.S. Customs ,
United States-Mexico-Canada Agreement (USMCA) ,
Vaccinations ,
Vertical Mergers
General Motors (“GM”) recently announced its plan to completely phase out gasoline- and diesel-powered engines – and shift to a 100% electric vehicle (EV) lineup – by 2035. As one of the largest automakers worldwide, GM’s...more
Demand for most raw materials generally fell significantly in the early months of the Coronavirus pandemic, including the demand for steel. The sharp decline in demand caused many steel mills to curb production, which caused...more
As the economic fallout from COVID-19 continues to impact manufacturers and their suppliers around the world, many companies are facing significant financial headwinds.
Companies suffering such difficulties will often look...more
While nearly every facet of the economy has been affected by COVID-19, the automotive industry remains one of the sectors most affected. The industry continues to face the double impact of declining sales and increasing...more
On October 2, 2020, the Michigan Supreme Court issued a landmark opinion (the “Opinion”) limiting Governor Gretchen Whitmer’s authority to issue and renew executive orders relating to the COVID-19 pandemic. The Court...more
As the automotive industry grapples with the continued fallout from COVID-19 and its impact on the economy, many companies are facing a significant hit to their financial performance due to reduced volumes and higher costs of...more
To say that COVID-19 has wrought havoc on automotive supply chains this year may be an understatement. With significant portions of their supply chains located in China, automotive suppliers and their customers had to contend...more
To say that COVID-19 has wrought havoc on automotive supply chains over the last 8-12 months may be an understatement. With significant portions of their supply chain located in China, automotive suppliers and their...more
Welcome to the newest edition of Foley’s MarketTrends newsletter. In this issue, we focus on key legal issues facing the Automotive and Manufacturing industries in 2020.
Legal Safeguards in Joint Development Relationships -...more
2/13/2020
/ Acquisitions ,
Automotive Industry ,
Best Practices ,
Contract Negotiations ,
Electric Vehicles ,
Intellectual Property Protection ,
Joint Venture ,
Manufacturers ,
Mergers ,
Motor Vehicles ,
Partnerships ,
Risk Management ,
Supply Chain ,
Supply Contracts ,
Tariffs ,
Trade Wars
With the coronavirus sweeping through major manufacturing hubs in China, the government has mandated shutdowns in many cities. The mandatory evacuation and closure of many businesses and schools in the area has shut down a...more
Welcome to the latest edition of Foley’s Automotive MarketTrends newsletter, which continues to highlight key trends in the industry. In this issue, we focus on tips for drafting commercial agreements, and, more specifically,...more
9/9/2019
/ Auto Warranties ,
Automotive Industry ,
Best Practices ,
Electric Vehicles ,
Implied Warranties ,
Indemnification ,
IP License ,
Limitation of Liability Clause ,
Manufacturers ,
Negligence ,
Non-Compete Agreements ,
Proprietary Information ,
Trade Secrets
There are very few problems in the supply chain that can cause more headaches for manufacturers than a financially troubled supplier. Financially troubled suppliers threaten the continuity of supply as they are often unable...more
Among the most common disputes in the manufacturing industry are disputes over price changes. Most often, such disputes involve a supplier seeking higher prices from its customer. However, there also are instances in which a...more
In the face of what General Motors’ CEO Mary Barra calls a “fast-changing market,” this week General Motors announced its plans to end the production of certain vehicles, reduce its North American work force by more than 10%,...more
Cybercrime is an ever-increasing threat from which manufacturers are not immune. Although reliable statistics are not available, one particular type of scheme that seems to be on the rise is vendor payment fraud. In cases of...more
10/16/2018
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Protection ,
Data Security ,
Email ,
Hackers ,
Popular ,
Risk Management ,
Vendors
On August 9, 2018, Original Equipment Suppliers Association (“OESA”) held its 2018 Automotive Commodities Event covering a variety of topics related to commodities purchasing, including strategies for price risk management,...more
9/11/2018
/ Anti-Dumping Duty ,
Automotive Industry ,
China ,
Exports ,
Imports ,
Manufacturers ,
Section 232 ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies
Michigan, the cradle of the American automotive industry, has made no secret of its desire to remain an industry leader in mobility as the industry continues to evolve. On May 30, 2018, Michigan announced a new $8 Million...more
For automotive suppliers, some of the most important terms in any contract for the purchase or sale of goods are the warranties that apply to those goods. This article will address one particular kind of warranty – the...more
For manufacturing companies, some of the most important terms in any contract for the purchase or sale of goods are the warranties that apply to those goods. This article will address one particular kind of warranty – the...more
All good things must come to an end. So it is in life, and so it is in business. Eventually all business relationships, including manufacturing relationships, will come to an end. Some relationships end with nary more than a...more