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
On July 29, Governor Gretchen Whitmer announced two new Executive Orders revising workplace and gathering safeguards intended to curb the spread of COVID-19 in the state.
Executive Order 2020-160 provides remote-work...more
On Friday July 17, 2020, Governor Gretchen Whitmer rescinded Executive 2020-147, issuing revised face covering requirements in Executive Order 2020-153.
The general requirements set forth by the Order remain unchanged -...more
On Friday, July 10, 2020, Governor Gretchen Whitmer signed Executive Order 2020-147, requiring the wearing of protective face coverings in indoor places of public accommodation.
2020-147 additionally requires that...more
Decorated lead automotive analyst John Murphy at Bank of America Merrill Lynch recently unveiled the 2020 edition of his much anticipated “Car Wars” report. The premise of Car Wars is simple: for automakers, a faster...more
Michigan Governor Gretchen Whitmer announced at 3:00 p.m. June 1 that effective immediately she is moving the state to Stage 4 of the MI Safe Start Plan and is rescinding the “Safer at Home” order reflected in Executive Order...more
On Thursday, May 21 Michigan Governor Gretchen Whitmer issued a revised “Safer at Home” Executive Order 2020-96. The Order states that, effective immediately, gatherings of 10 or fewer people are permitted statewide....more
As we reported recently, the Mexican automotive industry and other sectors in Mexico have now been classified as “essential,” with opening permitted by June 1st subject to satisfying certain “health and safety protocols” that...more
Today, the Mexican government confirmed that manufacturing of transportation equipment includes the automotive industry and is an essential activity permitted to operate. There are some inconsistencies reported between the...more
Michigan Governor Gretchen Whitmer Executive Order 2020-77, issued May 7, 2020 and taking immediate effect, modified the scope of the Order further by issuing new “safer at home” requirements. Critically, these revised...more
The COVID-19 outbreak has caused companies serving the automotive industry in Mexico to face economic stress due to liquidity, labor, contract and other issues. This stress has manifested itself in many ways:
Impediments...more
4/30/2020
/ Automotive Industry ,
Coronavirus/COVID-19 ,
Economic Downturn ,
High Risk Covid Employees ,
Mexico ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Social Distancing ,
Supply Shortages ,
Virus Testing ,
Workplace Safety
Michigan Governor Gretchen Whitmer announced that, effective Tuesday, March 24 at 12:01 a.m., all residents of Michigan are subject to a “stay home, stay safe” Executive Order. On April 9, 2020, Governor Whitmer, extended the...more
Michigan Governor Gretchen Whitmer announced this morning that, effective Tuesday, March 24 at 12:01 a.m. and continuing through at least April 13, all residents of Michigan are subject to a stay-home, stay-safe at home...more
On April 1, 2020 Michigan Governor Gretchen Whitmer signed Executive Order 2020-33 (“Order 2020-33”), declaring a state of emergency expansion and additionally declaring a state of disaster to address the fast-progressing...more
As the Coronavirus outbreak continues to develop and persist, issuers of commercial paper have been challenged to access liquidity markets. Market disruption has led to the inability of issuers to access the commercial paper...more
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
3/21/2020
/ Breach of Contract ,
Business Interruption ,
business-int ,
Class Action ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Failure To Warn ,
Force Majeure Clause ,
Impracticability ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Mergers ,
Suppliers ,
Supply Chain
As the coronavirus (specifically, “COVID-19”) outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful...more
The coronavirus (also known as COVID-19) has now been documented in more than 100 countries and territories. Over 135,000 cases have now been documented across the globe, resulting in more than 5,000 deaths, with cases...more
Following a robust 2018, 2019 saw a modest slowdown in automotive M&A activity and a decline in deal value, due in large part to regulatory uncertainty, trade war impacts, declining global economic growth, abating automotive...more
...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in six of the world’s seven continents, with more than 80,000 cases, sparing only Antarctica. Closer to home,...more
2/27/2020
/ Acquisitions ,
Business Interruption ,
Coronavirus/COVID-19 ,
Distributors ,
Employer Liability Issues ,
Force Majeure Clause ,
Health and Safety ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Manufacturing Facilities ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
Public Health ,
Purchase Agreement ,
Reporting Requirements ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Workplace Safety
In the three years it took for the United States-Mexico-Canada Agreement (USMCA) to come to fruition, there was much uncertainty surrounding trade relations with Mexico, yet U.S. business executives’ bullishness about...more
...The Impact of Emerging Technologies on Global Automotive Supply Chains -
The intense focus on autonomous vehicles and electrification we see today shows no signs of slowing down: in the new automotive industry, every...more
2/13/2020
/ Antitrust Provisions ,
Automotive Industry ,
Chapter 11 ,
Commercial Bankruptcy ,
Data Privacy ,
Employer Liability Issues ,
Intellectual Property Protection ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA)
In a previous blogpost, we explained the technical requirements for financing statements and the potential risks of failing to satisfy them, highlighting a case where the court ruled, under a prior version of the Puerto Rico...more
12/5/2019
/ Appeals ,
Article 9 ,
Bankruptcy Code ,
Collateral ,
Commercial Bankruptcy ,
Commercial Loans ,
En Banc Review ,
First Impression ,
Perfected Security Interest ,
Puerto Rico ,
Reversal ,
Secured Debt ,
UCC Financing Statements ,
Uniform Commercial Code (UCC)
The North American automotive supply industry convened in suburban Detroit on November 13th at The Original Equipment Suppliers Association (OESA) 21st Annual Conference under the theme: “Racing to Innovate.” And while the...more
The Financial Times convened a worldwide panel of vehicle electrification experts in London last month, and the breadth and depth of developments from the EU, China and the US was staggering. The inexorable march toward...more