EFFECTIVE RESULTS

Automotive Industry

LEADERSHIP: Todd C. Fracassi and Sean P. McNally

From corporate transactions and high-exposure litigation to regulatory advice and data privacy/security issues, Pepper Hamilton LLP provides end-to-end legal services tailored to the automotive industry. Our automotive industry team is organized to provide collaborative, integrated resources centered on the client’s business.

Our attorneys have advised automotive companies and their suppliers on a variety of transactions, including supply chain and sourcing contracts, mergers and acquisitions, private equity investments, sales of the business/assets, equity financings and distribution agreements. We understand the unique aspects of the dynamic automotive industry and work with clients to structure transactions to best suit their business needs.

When automotive clients face litigation, they trust Pepper and its experience in product liability and personal injury matters; antitrust litigation; disputes with suppliers; warranty claims; disputes with franchisees, dealers and distributors; securities litigation; internal investigations; intellectual property disputes; and a wide array of other commercial disputes, such as breach of contract and other general business litigation. Our experience for automotive clients includes successfully defending them in class actions and multidistrict litigation as well as individual suits. We also represent clients in connection with bankruptcy proceedings in the automotive industry, including representing creditors and debtors.

The automotive industry faces a robust regulatory environment, and Pepper represents industry clients in connection with all aspects of the regulations governing the automotive industry, including environmental compliance and enforcement. We also advise on regulatory frameworks established by the National Highway Traffic Safety Administration (NHTSA) and have advised clients on compliance with safety standards and on potential or proposed changes to these standards. We also have represented clients in court challenges to new NHTSA regulations or policies.

We advise automotive clients on their affirmative reporting obligations under the NHTSA regulations relating to defects in motor vehicle equipment and under the early warning and defect reporting system imposed by the Transportation Recall Enhancement Accountability and Documentation (TREAD) Act. We counsel clients in connection with recall campaigns for motor vehicle equipment, including acting as liaison to NHTSA staff, implementing procedures to accomplish the recall, negotiating with distributors, and reporting on progress pursuant to federal regulations. In connection with product recalls, we have assisted companies in seeking and obtaining exemptions from NHTSA regulations, where appropriate.