Automotive
The Automotive Industry Group of Squire Sanders provides cross-disciplinary legal services to automotive businesses around the world and counsels these businesses in a variety of matters and transactions. Our team thoroughly understands the industry and has successfully represented a broad spectrum of clients including the world’s largest automakers, Tier 1 and Tier 2 component suppliers, automotive dealers, logistics companies and finance companies.
Areas of Expertise
Product Liability
Our product liability team has substantial experience representing businesses throughout the supply chain. We assist retailers, importers, distributors, manufacturers of automotive systems and components, and suppliers of safety systems with an array of product liability issues including product recalls, litigation, media strategy and advertising. Our team includes seasoned veterans who regularly represent automotive companies in complex litigation involving bodily injury, property damage and economic loss allegedly caused by defective products.
Corporate/Commercial
We have successfully counseled automotive clients in the Americas, Europe and Asia on cross-border mergers, acquisitions, joint ventures and other transactions. We help automakers with the cross-border acquisition of component manufacturers and with the negotiation of joint venture contracts, investment approvals and technology transfer agreements. We can also assist in reviewing, negotiating and preparing commercial agreements including supply/service agreements and dealership agreements.
Antitrust, Competition, Trade & Regulatory
We help our clients navigate the diverse, complex and rapidly changing regulatory regimes of North America, Europe, Latin America and Asia. We advise automakers, parts suppliers, trade groups, dealers and other businesses on antitrust and trade regulation issues including antitrust investigations and related filings; distribution and advertising issues; joint venture-related antitrust issues such as mandatory reporting transfer pricing; and establishing firewalls between competitors.
Bankruptcy & Restructuring
We have played a major role in numerous automotive bankruptcy cases including representing the Committee of Chrysler Affected Dealers, the largest group in the United States protesting aspects of Chrysler’s proposed cancellation of 789 dealer franchise agreements. We have the knowledge and experience to assist in all facets of bankruptcy/restructuring situations, from reorganization (including assisting in confirmation hearings concerning debtors’ reorganization plans) to determining how suppliers’ bankruptcy filings will impact existing contracts.
Environmental, Health & Safety
Our team defends automotive clients against alleged environmental liabilities and represents businesses in negotiating environmental indemnity with national governments. We provide primary counsel on establishing manufacturing operations including planning and permitting for all environmental media (air, water, solid and hazardous waste matters) and offer continuing environmental counsel on permitting and regulatory developments.
Intellectual Property
We assist automotive clients on a wide variety of intellectual property matters. These include filing US provisional patent applications, entering into trademark license agreements, prosecuting patent applications in the US Patent and Trademark Office and international patent offices, registering trademarks in China and other countries, and fighting claims of patent infringement.
Labor & Employment
Our experienced labor lawyers advise clients on a broad range of employment-related issues, such as employee stock options and other incentives, layoffs, human resources compliance, management contracts, the closing of regional operations, and form employment contracts. We conduct national wage and hour audits on behalf of automotive clients and represent manufacturers and other businesses in union relations, assisting clients in defeating union campaigns and negotiating collective bargaining agreements.
Real Estate
We provide real estate counsel to automotive clients in the Americas, Europe and Asia ranging from purchasing real estate from local governments to construction of manufacturing facilities, relocation and lease of new office space. We advise manufacturers in setting up new plants – work that entails the transfer of real property, construction agreements and negotiations with national and local governments.
Tax & Benefits
Our tax capabilities in the automotive sector range from advising global automakers on subsidy-related tax issues to counseling clients in tax litigation matters regarding the granting of tax incentives to reduce import tax rates and exemption of federal value-added taxes on manufactured goods.
Representative Experience
- Representing TRW Automotive in a product liability case, Profitt/Maurer v. DaimlerChrysler, concerning a TRW Automotive-made steering gear. The case involved unprecedented discovery disputes and sanctions orders. Following three trips to the Ohio Court of Appeals and one to the Ohio Supreme Court, we not only resolved the case favorably for our client but also persuaded the judge to vacate the sanctions issued, which had been used against our client in other cases.
- Representing Goodyear Tire & Rubber Company in the completion of its agreement with Titan Tire Corporation, a subsidiary of Titan International Inc., to sell its Europe- and Latin America-based farm tire businesses, including a licensing agreement allowing Titan to manufacture and sell Goodyear-brand farm tires in Europe, Latin America and North America, for approximately US$130 million, subject to post-closing conditions and adjustments.
Case Studies
When the automotive industry was suffering serious difficulties in 2009 as a result of global economic conditions, even the most prestigious brands such as Land Rover and Jaguar cars did not escape unscathed.
The brands had been bought from the Ford...