News & Analysis as of

Automotive Industry Contract Terms

Mayer Brown

New Hampshire Significantly Amends Motor Vehicle Retail Installment and Sales Finance Company Act

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On August 2, 2024, New Hampshire enacted legislation that significantly revises its Motor Vehicle Retail Installment Sales Act (the “Act”), effective July 1, 2024. Unfortunately, that effective date is not a typographical...more

Quarles & Brady LLP

MSSC v. Airboss Continues to Roil Automotive Supply Markets —  Sixth Circuit Reverses Preliminary Injunction Ordering Auto...

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Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order...more

Warner Norcross + Judd

Tragic Francis Scott Key Bridge Collapse Could Lead to Supply Disruptions

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Over the last several years, the automotive industry has grown accustomed to various supply disruptions, from COVID-19 shutdowns and material shortages to port congestions. The tragic collapse of the Francis Scott Key Bridge...more

Morgan Lewis

FTC’s Final ‘Cars Rule’ on Dealer Sales Practices: Implications for Banks, Auto Finance, and ‘captives’

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The Federal Trade Commission recently issued a final rule that is squarely aimed at changing the way dealers interact with customers in the financing process. The final rule takes effect on July 30, 2024....more

Foley & Lardner LLP

Key Impacts and Strategies for Suppliers Affected by the Ongoing UAW Strike

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The United Auto Workers Union strike against the Detroit Three automakers that began on September 15th continues with no immediate resolution in sight. The UAW expanded the strike on Friday September 22nd when some 5,500 UAW...more

Warner Norcross + Judd

UAW Contract Negotiations: What Suppliers Should Do to Prepare for Looming Labor Strikes

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Given recent headlines surrounding contentious UAW contract negotiations, it is increasingly likely that a labor strike against one or more of the Big Three automakers is not a question of if such strikes will occur, but when...more

Dickinson Wright

Michigan Supreme Court Decision – A Reminder on Requirements Contracts

Dickinson Wright on

Michigan law requires contracts for the sale of goods worth $1,000 or more to be in writing and provide a quantity term. On July 11, 2023, the Michigan Supreme Court ruled in MSSC, Inc. v. Airboss Flexible Products Co....more

Bodman

Michigan Supreme Court Overrules Court of Appeals Decision in MSSC, Inc. v. Airboss Flexible Products Co.

Bodman on

We write to alert you to a recent development on one of the topics discussed at the Bodman/Kharon/Miller & Chevalier Executive Briefing on Emerging Legal and Regulatory Issues Facing Automotive Companies that took place on...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - What Type of Contract Did You Enter Into? Hybrid Automotive Supplier Contracts and the...

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Automotive supply contracts usually involve either the sale of goods or the provision of services. For that reason, determining what law applies to such contracts is often pretty simple — the Uniform Commercial Code (UCC)...more

Hudson Cook, LLP

FTC Staff Report on Buying and Financing Cars: Part 2

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In July 2020, the Federal Trade Commission (“FTC”) issued its “Staff Report on Buying and Financing Cars.” The Staff Report consisted of two separate reports – a report from the FTC’s Bureau of Consumer Protection (“BCP”)...more

Miller Canfield

Structuring Contract Provisions for Risks Arising from Automated Driving Systems

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The automotive landscape dictating the relationship between OEMs, Tier 1 suppliers and sub-suppliers is changing due to the entrance of new market participants within the automotive supply chain. The new market participants...more

Hudson Cook, LLP

FTC Staff Report on Buying and Financing Cars: Part I

Hudson Cook, LLP on

In July 2020, the Federal Trade Commission (“FTC”) issued its “Staff Report on Buying and Financing Cars.” The Staff Report consisted of two separate reports – a report from the FTC’s Bureau of Consumer Protection (“BCP”)...more

Foley & Lardner LLP

Auto Supply Chain Price Disputes During COVID-19

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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

McGlinchey Stafford

FTC report highlights concerns with dealer advertising and add-on products

McGlinchey Stafford on

On July 30, 2020, the Federal Trade Commission (FTC) issued a Bureau of Consumer Protection Staff report titled Buckle Up: Navigating Auto Sales and Financing. The report includes findings from the FTC’s April 2017 study and...more

Foley & Lardner LLP

Supply Contract Update: Michigan Court of Appeals Affirms that a Requirements Contract Need Not Be Exclusive (Cadillac Rubber &...

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On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract...more

Snell & Wilmer

Service Contracts Are Not Express Warranties Under the Song-Beverly Consumer Warranty Act

Snell & Wilmer on

In Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal. 4th 1246, the California Supreme Court found that service contracts are not express warranties under the Song-Beverly Consumer Warranty Act and the Act did not otherwise...more

Robins Kaplan LLP

Financial Daily Dose 10.6.2019 | Top Story: Drug Distributors and Maker in Talks for Multi-billion-dollar Opioid Litigation...

Robins Kaplan LLP on

A group of three major drug distributors—McKesson, AmerisourceBergen, and Cardinal Health—are in the midst of talks with representatives of state and local governments who have brought more than 2000 opioid-related lawsuits...more

Hogan Lovells

To resolve international disputes, the automotive industry increasingly looks to international arbitration

Hogan Lovells on

Disputes happen in any commercial relationship, and when they happen to companies based in different countries, they get complicated. Traditionally, the first choice for disputing parties in national relationships has been...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer 2019

Personal Jurisdiction Based on Knowledge of Texas Port of Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination Carmona v. LEO Ship Management, Inc., US Court of Appeals...more

Foley & Lardner LLP

Collaboration and Development of Technology in Automotive

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In the not-so-distant past, the automotive industry sought to be mostly self-sufficient. That is to say, that when an automobile manufacturer (commonly referred to as an OEM) wished to add a new feature to one of its...more

Foley & Lardner LLP

Understanding The Warranty Of Fitness For Particular Purpose In The Automotive Supply Chain

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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

Foley & Lardner LLP

Managing Warranty, Regulatory, and Commercial Litigation Risks

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Elevated warranty expenses for Original Equipment Manufacturers (OEMs) are expected to continue in 2018, and automotive suppliers can expect to continue paying a greater per-vehicle share of these expenses. Because OEM...more

Foley & Lardner LLP

Re-Thinking Supply Chain Contracts in the World of Connected Things

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As the pace of innovation increases at an ever faster rate, many products that traditionally may not have been thought of as involving computers or software are incorporating these elements. In 2007, the iPhone revolutionized...more

Foley & Lardner LLP

Top Legal Issues Facing the Automotive Industry in 2018

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Foley’s Automotive Industry Team has prepared this report examining what the litigation, enforcement and regulatory landscape is likely to look like in 2018 and beyond. Inside, you will learn about: Managing warranty,...more

Foley & Lardner LLP

Is Your Employee NDA Weak?

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We live in a world of “leaking” information and the automotive industry is not immune. Automotive companies go to great lengths to protect their confidential information (including innovations). But do they have the legal...more

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