Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent...more
6/7/2022
/ Bankruptcy Court ,
Biden Administration ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
DEA ,
Department of Justice (DOJ) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Food and Drug Administration (FDA) ,
Infrastructure ,
Insolvency ,
NDAA ,
Patents ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Sustainability ,
Trademarks ,
USPTO ,
Veterans Administration
In 2018, Michigan adopted the Uniform Commercial Real Estate Receivership Act (the “Act”), which only applied to receiverships over commercial real estate. In October 2020, Michigan enacted an amendment to the Act. The...more
Many companies (both public and private) in the cannabis sector were struggling to raise capital, achieve liquidity or establish sufficient cash flow under prevailing market conditions that were buffeting the industry prior...more
While the economy overall is strong and vehicle sales are still robust, there are risks in the industry that may affect the supply chain and cause disruptions throughout the year. Chief among these are the ongoing concerns...more
3/25/2019
/ Automotive Industry ,
Bankruptcy Preferences ,
China ,
Commodities ,
Debt Restructuring ,
Federal Reserve ,
Interest Rates ,
Manufacturers ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies
While the U.S. economy overall is strong, there are risks that will likely affect the automotive supply chain in the coming year. These include tariffs on products such as steel and aluminum, and continuing trade disputes...more
2/27/2019
/ Automotive Industry ,
China ,
Commodities ,
Fixed Price Contracts ,
Insolvency ,
Manufacturers ,
Steel Industry ,
Suppliers ,
Supply Chain ,
Tariffs ,
Uniform Commercial Code (UCC)
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
1/23/2019
/ Acquisitions ,
Antitrust Violations ,
Automotive Industry ,
Cybersecurity ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
International Labor Laws ,
Manufacturers ,
Mergers ,
NAFTA ,
NHTSA ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
On July 9, 2018, the U.S. Court of Appeals for the Seventh Circuit issued an important opinion raising the possibility that out-of-the-money junior creditors might be entitled to share in the proceeds of a free-and-clear...more
On June 15, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed a decision of the U.S. District Court for the Eastern District of Michigan, holding that rents collected by a receiver during the redemption period...more
As the economy has improved and unemployment has fallen in the nearly 10 years since the Great Recession, North American vehicle sales volumes have also steadily increased and the forecast remains strong for 2018. Bloomberg...more
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
1/23/2018
/ Acquisitions ,
Auto Warranties ,
Automotive Industry ,
Connected Cars ,
Contract Terms ,
Cybersecurity ,
Driverless Cars ,
Emerging Technology Companies ,
Employer Liability Issues ,
Equal Pay ,
Merger Controls ,
Mergers ,
Motor Vehicles ,
NHTSA ,
Sexual Harassment ,
Suppliers
On June 25, 2017, Takata’s US arm, TK Holdings Inc. and certain affiliates excluding certain foreign debtors such as Takata Corporation (Japan) (the “Takata US Debtors”), filed chapter 11 cases seeking bankruptcy protection...more
7/8/2017
/ Automotive Industry ,
Chapter 11 ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Executory Contracts ,
Foreign Affiliates ,
International Litigation ,
OEM ,
Product Defects ,
Sale of Assets ,
Suppliers ,
Supply Chain ,
Takata ,
Unsecured Debt ,
Vendor Contacts
In a significant ruling impacting commercial real estate lenders in Michigan, the 6th Circuit Court of Appeals has ruled that an absolute assignment of rents that had been fully perfected (by demanding payment from tenants to...more
5/17/2017
/ Appeals ,
Assignments ,
Change in Ownership ,
Chapter 11 ,
Collateral ,
Commercial Bankruptcy ,
Commercial Real Estate Market ,
Debtors ,
Default ,
Judicial Foreclosure Process ,
Lenders ,
Public Policy ,
Rent ,
Reorganizations ,
Transfer of Rights ,
Vacated
On March 22, 2017 the Supreme Court issued its long-awaited ruling regarding the legality of structured dismissals of Chapter 11 bankruptcy cases that would make final distributions of estate assets to creditors in a manner...more
4/7/2017
/ Absolute Priority Rule ,
Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Consent ,
Czyzewski v Jevic Holding Corp ,
Priority Debt ,
Reversal ,
SCOTUS ,
Structured Dismissals ,
WARN Act
On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination...more
12/7/2016
/ Appeals ,
Gender Identity ,
LGBTQ ,
Petition For Rehearing ,
Professors ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Vacated ,
Wrongful Termination
The voters in Great Britain caught the world off guard by voting to leave the European Union (EU) after over 40 years of membership. However, after the vote, the questions immediately started. Leaving the EU is governed by a...more
The country was shocked to hear of the recent passing of Supreme Court Justice Antonin Scalia. Legal scholars and political commentators have since written extensively on Justice Scalia’s contributions to the legal world and...more
As we have detailed on several occasions over the past year, President Obama has used executive orders to implement sweeping new workplace policies for federal contractors and their employees. For example, the president has...more
9/16/2015
/ Barack Obama ,
Davis-Bacon Act ,
Employee Rights ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Medical Certification Requests ,
Paid Leave ,
Service Contract Act ,
Sick Leave ,
Subcontractors ,
Wage and Hour
The dividing line between employees and independent contractors has been a hot topic in employment law for several years. In addition to the interest the federal government has taken in possible misclassification of...more
Kevyn Orr, a University of Michigan Law School graduate and former partner at the law firm Jones Day, has been selected by Governor Rick Snyder as Detroit’s Emergency Financial Manager (EFM). As EFM, Orr will be responsible...more