News & Analysis as of

Contract Terms Supply Chain Automotive Industry

Venable LLP

Leveraging Your Contracts to Address the Impact of Tariffs

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Companies are facing a unique trade market. President Trump has announced various tariffs, including additional tariffs on China, the on-again, off-again tariffs on Canada and Mexico, auto tariffs, steel and aluminum tariffs,...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - Tariffs and Your Supply Chain

Since February, the Trump administration has announced and issued several sets of tariffs. As of last week, putting aside further reciprocal or retaliatory tariffs, it appears all expected tariffs have now been announced....more

Miller Canfield

Arbitrator Selection in International Automotive Supply Chain Disputes

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International automotive supply chains often involve tight just-in-time deadlines, so resolving disputes quickly and efficiently is critical. When arbitration is the designated resolution method, the arbitrator’s...more

Foley & Lardner LLP

The State of the Law of Requirements Contracts

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Amid increasing pressure on supply chains across the globe, multiple recent court opinions have disrupted the law of requirements contracts. These decisions are critical as requirements contracts are common features across...more

Warner Norcross + Judd

Warner Client AirBoss Secures $3.5 Million Judgment in Trial Following Landmark Supreme Court Decision

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In a court opinion that borrowed at length from the infamous “My father made him an offer he couldn’t refuse” scene from The Godfather, Warner’s client AirBoss Flexible Products prevailed in a high-profile supply chain...more

Warner Norcross + Judd

Trial Courts Continue Grappling with When a Supplier is Bound to a Buyer’s Requirements of Products

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Over the past two years, federal and state courts have issued a series of decisions with important implications for supply chain contracts. Most notably, the appellate courts in the AirBoss and Higuchi cases provided guidance...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

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

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

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

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

Hogan Lovells

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

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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

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

Commercial Contract Risk in 2017

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Coming off a record year in car sales, it’s expected that warranty and recall costs will continue to be on the rise. With that in mind, it’s vital that OEMs and suppliers have both their foreign and domestic contracts in...more

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