For many years, Michigan has consistently interpreted “blanket” purchase orders as binding requirements contracts that could bind suppliers (and buyers) for many years — frequently, for the life of a particular OEM or buyer program. However, on July 11, 2023,
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USA v. Wang: Criminal & Civil Liability for Autonomous Vehicle IP & Trade Secrets Theft
A pending case involving a former engineer, his alleged theft of trade secret autonomous vehicle technology, and a midnight one-way escape flight to China is shedding light on efforts by the tech giant Apple to both develop and protect its…
Electrified Industrial Policy: IRS Proposed Regulations on Section 30D EV Tax Credits & EV Manufacturing Grants
The Inflation Reduction Act of 2022 (the “IRA”) and the Infrastructure Investment and Jobs Act of 2021 (the “IIJA”) set in motion an ongoing series of changes that are aimed at transforming, among other things, the automotive sector in the…
IP Considerations in Protecting Autonomous Vehicle Software with Patents and Copyrights
As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology and to understand how to obtain registration and enjoy…
Michigan Adopts Distracted Driving Legislation
On June 7th, Michigan Governor Gretchen Whitmer signed distracted driving legislation, making Michigan the 26th state to adopt some form of distracted driving/hands-free driving legislation. The signing ceremony was held at the Mitchel Kiefer Memorial Rink in USA Hockey Arena, named…
Successfully Navigating EV Product Roll-Outs: Manufacturers Balance Innovation and Legacy Needs
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 offerings with the next, battery-powered, generation of…
Upcoming Labor Contract Negotiations between the UAW Union and the Big Three Create Auto Industry Uncertainty
The United Auto Workers (UAW) Union and the Big Three automotive companies—General Motors (GM), Ford, and Stellantis—stand on the brink of a pivotal moment as they prepare to engage in labor contract negotiations. The current collective bargaining agreement expires on…
NHTSA and Motor Vehicle Safety Update
While vehicle manufacturers continue to adopt technologies that make vehicles safer, the safety gains seen in the annual fatality statistics published by the National Highway Traffic Safety Administration (“NHTSA” or the “Agency”) have plateaued and, since approximately 2015, the number…
EPA Renewable Fuel Standards Remain Uncertain As Deadlines Loom
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) manufacturers.
The EPA’s RFS proposal would allow oil…
Near-Term Disruptions and Opportunities in the Automotive Supply Industry
Disruption in the automotive industry seems a near-constant force these days. The automotive supply chain continues to suffer hangover challenges from the pandemic (including raw materials shortages and increased labor costs), reduced volumes, stops and starts in OEM production orders…