Straight Talks: New players, new rules - IP disruption in the automobile industry
A number of auto suppliers are reducing R&D and engineering budgets in response to cost pressures, according to a report in Crain’s Detroit. Declining automotive plant capacity utilization in the U.S. is expected to be a...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
Welcome to the June, 2024 edition of Plugged In. I am filling in this month for our editor, Heather Frayre, during her well-earned vacation. This month we focus on the U.S. and China relationship as North America’s EV...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
On May 28, 2024, Colorado became the fifth state to adopt a “right to repair” law, with Governor Jared Polis signing HB 1121, the “Consumer Right to Repair Digital Electronic Equipment” bill. Colorado now joins California,...more
The FCC – in the latest iteration of its expanding role as a regulator in the national security space – recently adopted a Notice of Proposed Rulemaking (“NPRM”) proposing to fortify the security of the wireless supply chain...more
Editor’s Note - Welcome to the May 2024 edition of Plugged In! This month, we delve into the nuanced developments shaping the future of EVs, from strategic challenges to investment trends....more
Last week, the Illinois federal court in Volkswagen Group of America v. Illinois Secretary of State, 2024 WL 2020036 (N.D. Ill. May 6, 2024) granted a motion to dismiss a challenge brought by Volkswagen (“VW”) against a 2022...more
In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation...more
To give consumers the ability to repair their own electronic devices, New York is leading the way in “Right to Repair” legislation with its Digital Fair Repair Act, N.Y. Gen. Bus. Law § 399-NN (2022). The Digital Fair Repair...more
On Friday, December 22, 2023, FCA US LLC, the manufacturer of Chrysler, Jeep, Dodge, Ram vehicles, among others, scored the latest in a series of victories for automakers over claims by consumers that “destination charges”...more
I hope that everyone is having a great start to the holiday season. To kick off the festive fervor, in this edition, we’re featuring a guest article from a fellow EV enthusiast and long-term M&A advisor, Matthew Miller,...more
The automotive industry continues to grow a record of sustainability, improving fuel efficiency and proliferating electric vehicles, and adopting eco-friendly manufacturing processes. Along with these important sustainability...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
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
1. Federal Court of Justice rules on bank’s right of retention after withdrawal from loan and purchase agreements if consumer sells vehicle Germany’s highest civil court, the Federal Court of Justice (Bundesgerichtshof,...more
THE CURRENT CLIMATE IN THE AUTOMOTIVE INDUSTRY The Russo-Ukrainian conflict, supply chain disruptions and the lasting impact of the pandemic have shaped our world, leaving no industry untouched. The automotive sector, in...more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities - Key Developments - Foley & Lardner partner Vanessa Miller is quoted in the Law360...more
A few months ago we wrote about Congress utilizing the Inflation Reduction Act of 2022 to offer bonus tax credits to certain energy facilities for meeting specified “domestic content” requirements. Relying heavily on the...more
On December 28, 2022, New York Governor Kathy Hochul signed the state's Digital Fair Repair Act into law. The Minnesota legislature quickly followed, passing its own version in May 2023. Interest in "right to repair"...more
Automotive OEMs, suppliers, startups and other participants in the automotive ecosystem have a great deal to do in 2023 as manufacturers begin to move to diversify historical internal combustion engine (ICE) vehicle product...more
Analysis by Julie Dautermann, Competitive Intelligence Analyst - This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities....more
In Foley’s December 21, 2022 Dashboard Insights post, we examined the U.S. Environmental Protection Agency’s (EPA) 2023 renewable fuel standard (RFS) proposal as a potentially transformative change for electric vehicle (EV)...more
The rising lithium-ion battery demand is creating challenges for manufacturers. It is important to understand how to mitigate risk. The rising demand to reduce our reliance on fossil fuels has driven product manufacturers to...more
On March 24, a bipartisan group of 27 state attorneys general sent a letter to Congress, encouraging the passage of “right-to-repair” legislation to establish and secure a competitive marketplace for repairing vehicles,...more