Ensuring Quality Across the Board
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Read the Latest Issue of Morgan Lewis Automotive
Q1 / 2017 This is the 11th issue of our newsletter on developments in the automotive industry, published by Morgan Lewis’s automotive team with contributions from around the globe by leveraging the experience of lawyers in our 30 offices. We counsel our automotive clients on a broad range of industry- specific matters, including mergers and acquisitions, antitrust, litigation, regulatory concerns, intellectual property, and labor and employment. This issue of Morgan Lewis AUTOMOTIVE, which covers the first quarter of 2017, touches on topics relating to self-driving cars, proposed regulations for diesel-engine vehicles, and other developments in the global automotive markets. All issues of Morgan Lewis AUTOMOTIVE are available at www.morganlewis.com. IN THIS ISSUE Mergers & Acquisitions: PSA Group to acquire Opel from GM; Intel to acquire Mobileye for $15 billion; Tata and Volkswagen to cooperate in India; GM and Honda to jointly manufacture components of fuel cell systems; Toyota and Ford to cooperate on open software standards for the interaction between smartphones and vehicles; Audi to acquire Silvercar; ZF acquires stake in Astyx Communications & Sensors; Sumitomo Rubber to acquire UK tire distributor Micheldever; Intel and NavInfo to acquire minority shareholdings in HERE; Panasonic to acquire an additional stake in Ficosa International SA; and Japanese JTEKT Corporation to acquire stake in Sona Koya Steering Systems. Antitrust: China’s National Development and Reform Commission (NDRC) to increase antitrust enforcement efforts in 2017; European Commission fines The contents of Morgan Lewis AUTOMOTIVE are provided for car air-conditioning and engine-cooling cartel; Japanese executive pleads your convenience and do not guilty to obstructing justice; Kieckert to plead guilty for bid-rigging in auto constitute legal advice or create an attorney-client relationship. -
Sixth Status Report of the Special Master
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) UNITED STATES OF AMERICA, ) Plaintiff ) Case No. 16-CR-20810-04 ) v. ) Honorable George Caram Steeh ) TAKATA CORPORATION, ) Defendant. ) SIXTH STATUS REPORT OF THE SPECIAL MASTER 1. Eric D. Green, the court-appointed Special Master for the custody, administration and distribution of the Takata Airbag Restitution Funds, hereby respectfully submits his Sixth Status Report pursuant to paragraph 4 of this Court’s Appointment Order.1 The Status Report provides an overview of the Special Master’s work from May 24, 2018 through July 30, 2018 (the “Reporting Period”) and anticipated future efforts. I. ACTIVITIES IN THE REPORTING PERIOD. A. LAUNCHING THE NOTICE PROGRAM AND COMMENCING THE RECEIPT OF CLAIMS FOR COMPENSATION FROM THE $125 MILLION INDIVIDUAL RESTITUTION FUND AND THE TATCTF. 2. In the prior reporting period, the Special Master worked to develop a streamlined process for the submission of claims to the Individual Restitution Fund 1 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Fifth Status Report of the Special Master, dated May 23, 2018 [Doc. 91]. 1 and the Takata Airbag Tort Compensation Trust Fund (“TATCTF”).2 On May 29, 2018, the Special Master sought and obtained this Court’s approval of the following: the Notice Program (described below); the Personal Injury Claim Form; the Wrongful Death Claim Form; the lists of required supporting documentation; the Notice of Claim Form, which enables claimants to timely file but defer consideration of their claim; and the HIPAA release.3 The Special Master also sought and obtained this Court’s approval of a revision to the Individual Restitution Fund methodology to define “Current Claims” as claims filed within ninety days after the launch of the Notice Program (rather than claims filed within ninety days of the Effective Date of the Plan in the U.S. -
Occupant Safety Systems Supplied to Japanese Car Manufacturers
EUROPEAN COMMISSION Competition DG CASE AT. AT.39881 – Occupant Safety Systems supplied to Japanese Car Manufacturers (Only the English text is authentic) CARTEL PROCEDURE Council Regulation (EC) 1/2003 Article 7 Regulation (EC) 1/2003 Date: 22/11/2017 This text is made available for information purposes only. A summary of this decision is published in all EU languages in the Official Journal of the European Union. Parts of this text have been edited to ensure that confidential information is not disclosed. Those parts are replaced by a non-confidential summary in square brackets or are shown as […]. EN EN EUROPEAN COMMISSION Brussels, 22.11.2017 C(2017) 7670 final COMMISSION DECISION of 22.11.2017 relating to proceedings under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (AT.39881 – Occupant Safety Systems supplied to Japanese Car Manufacturers) (Only the English text is authentic) EN EN TABLE OF CONTENTS 1. INTRODUCTION ....................................................................................................... 6 2. THE INDUSTRY SUBJECT TO THE PROCEEDINGS IN THIS DECISION ........ 6 2.1. The products ...................................................................................................... 6 2.2. Undertakings subject to the proceedings ........................................................... 7 2.2.1. TOKAI RIKA ...................................................................................... 7 2.2.2. TAKATA ............................................................................................ -
Takata: the Unfortunate Recall
US COLUmN Takata: The unfortunate recall David Conaway reports on the global effects of a major product recall, and the subsequent innovative application of the Section 363 auction The tragedy concerned about the risks of airbag for Takata will impact its working explosions in older Honda vehicles capital requirements and pressure Takata Corporation is a Japanese- made from 2001 to 2003. The U.S. its lenders and investors to cover based company that manufactures Government will emerge as a this additional cost. The scope and safety products, primarily airbags material stakeholder, with Takata ultimate loss for the class action and seat belts, as a tier one supplier currently operating under a five- lawsuits will not be known for some to the global auto industry. year, $200 million consent decree time. As with mass tort lawsuits Unfortunately, due to alleged with the NHTSA. generally, the number of plaintiffs is defective airbags produced, Takata In addition to the $12 billion of increasing as losses continue to has recalled reportedly 122 million airbag replacement liabilities, occur and there will be future airbags globally, with a projected Takata reported it has sustained a plaintiffs. Ultimately, there will be cost of $12 billion. cash operating loss of over $500 pressure to create a dedicated fund, DAVID H. CONAWAy Takata’s airbag recall is tragic Shumaker, Loop & Kendrick million since the inception of the or source of funds, to address these LLP (USA) because the airbags are allegedly recall in 2013. Moreover, Takata is losses over an extended period of responsible for over 15 deaths and facing civil and criminal fines and time. -
The Use of Voluntary Safety Reporting Programs by the Federal Aviation Administration
COLLABORATING WITH INDUSTRY TO ENSURE REGULATORY OVERSIGHT: THE USE OF VOLUNTARY SAFETY REPORTING PROGRAMS BY THE FEDERAL AVIATION ADMINISTRATION A dissertation submitted to Kent State University in partial fulfillment of the requirements for the degree of Doctor of Philosophy by Russell W. Mills May 2011 Dissertation written by Russell W. Mills B.A., Westminster College, 2005 M.P.A, University of Vermont, 2007 Ph.D, Kent State University, 2011 Approved by _____________________ , Mark K. Cassell, Co-Chair, Doctoral Dissertation Committee _____________________, Renée J. Johnson, Co-Chair, Doctoral Dissertation Committee _____________________, Daniel Hawes, Committee Member _____________________, Issac Richmond Nettey, Outside Reader _____________________, Paul Farrell, Graduate Faculty Member Accepted by _____________________, Steven Hook, Chair, Department of Political Science _____________________, Timothy Moerland, Dean, College of Arts and Sciences ii TABLE OF CONTENTS LIST OF FIGURES ........................................................................................................... X LIST OF TABLES ............................................................................................................ XI ACKNOWLEDGEMENTS ............................................................................................. XII CHAPTER 1 INTRODUCTION AND LITERATURE REVIEW .................................... 1 1.1 Introduction .............................................................................................................. -
Attorney General Balderas Sues Takata & 15 Automakers Over Dangerous Airbags
FOR IMMEDIATE RELEASE: Contact: James Hallinan January 24, 2017 (505) 660-2216 Attorney General Balderas Sues Takata & 15 Automakers over Dangerous Airbags To date, known Takata airbag IR incidents have injured over 180 people and killed at least 11 in the United States alone Santa Fe, NM – Today, New Mexico Attorney General Hector Balderas announced that he filed a lawsuit this week against Japanese airbag manufacturer Takata and 15 automakers over dangerous and defective airbags that function as fragmentation grenades. Hundreds of thousands of which were installed in cars sold or offered for sale in the State of New Mexico. The lawsuit was filed in the First Judicial District Court in Santa Fe, New Mexico, and it names Takata, Honda, Ford, Toyota, BMW, Mazda, Subaru, Mitsubishi, Nissan, FCA, Volkswagen, Audi, Ferrari, General Motors, Jaguar, and Mercedes-Benz. Attorney General Balderas alleges that the parties knew about, and misrepresented, the existence and extent of the defective airbags, and tried to conceal the defect until the National Highway Traffic Safety Administration (NHTSA) and Congress exposed the full extent of the defective airbags. “In New Mexico, no child should ever be put in danger so international corporations can reap enormous profits,” Attorney General Balderas said. “New Mexico families’ health and safety have been put at dangerous risk by Takata and the automakers, and we will hold them accountable. Corporations who harm New Mexicans will pay for their actions no matter their size or location around the world.” Takata’s airbag systems are installed in millions of vehicles, including vehicles manufactured by the defendant automakers. -
Superior Court
SUPERIOR COURT CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No : 500-06-000723-144 DATE: October 2, 2019 BY THE HONOURABLE SUZANNE COURCHESNE, J.S.C. ELENI VITORATOS and ANDREA FREY Petitioners V. TAKATA CORPORATION and TK HOLDINGS, INC. and HIGHLAND INDUSTRIES, INC. and HONDA CANADA INC. and HONDA MOTOR CO., LTD. and TOYOTA CANADA INC. and TOYOTA MOTOR CORPORATION and TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC. and SUBARU CANADA INC. and FUJI HEAVY INDUSTRIES, LTD. 500-06-000723-144 PAGE:2 and BMW CANADA INC./BMW GROUP CANADA and BMW OF NORTH AMERICAN, LLC and BMW MANUFACTURING CO. LLC and BMW AG and NISSAN CANADA INC. and NISSAN NORTH AMERICA INC. and NISSAN MOTOR CO. LTD. and MAZDA CANADA INC. and MAZDA MOTOR CORPORATION and FORD MOTOR COMPANY OF CANADA LIMITED and FORD MOTOR COMPANY and GENERAL MOTORS OF CANADA LIMITED and GENERAL MOTORS CORPORATION and CHRYSLER CANADA INC. and FCA US LLC and MITSUBISHI CANADA LIMITED and MITSUBISHI INTERNATIONAL CORPORATION Respondents JUDGMENT (partial discontinuance) JC0BM5 500-06-000723-144 PAGE:3 [1] On December 5, 2014, the Petitioners filed a Motion to Authorize the Bringing of a Class Action and to Ascribe the Status of Representative on behalf of the following group: "All persons, entities or organizations resident in Canada who purchased and/or leased one or more of the Defective Vehicles that contain(s) airbags manufactured by Takata, or any other group to be determined by the Court; Alternately (or as a subclass) all persons, entities or organizations resident in Quebec who purchased and/or leased one or more of the Defective Vehicles that contain(s) airbags manufactured by Takata, or any other group to be determined by the Court;" [2] Thereafter, the Motion for Authorization was amended 4 times, the most recent Fourth Amended Motion for Authorization having been filed on June 28, 2017. -
The Impacts of the Government Shutdown on Our Economic Security
S. HRG. 113–615 THE IMPACTS OF THE GOVERNMENT SHUTDOWN ON OUR ECONOMIC SECURITY HEARING BEFORE THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION OCTOBER 11, 2013 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PUBLISHING OFFICE 93–946 PDF WASHINGTON : 2015 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 08:20 Apr 15, 2015 Jkt 075679 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\DOCS\93946.TXT JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION JOHN D. ROCKEFELLER IV, West Virginia, Chairman BARBARA BOXER, California JOHN THUNE, South Dakota, Ranking BILL NELSON, Florida ROGER F. WICKER, Mississippi MARIA CANTWELL, Washington ROY BLUNT, Missouri MARK PRYOR, Arkansas MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada MARK WARNER, Virginia DAN COATS, Indiana MARK BEGICH, Alaska TIM SCOTT, South Carolina RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska MARTIN HEINRICH, New Mexico RON JOHNSON, Wisconsin EDWARD MARKEY, Massachusetts JEFF CHIESA, New Jersey ELLEN L. DONESKI, Staff Director JAMES REID, Deputy Staff Director JOHN WILLIAMS, General Counsel DAVID SCHWIETERT, Republican Staff Director NICK ROSSI, Republican Deputy Staff Director REBECCA SEIDEL, Republican General Counsel and Chief Investigator (II) VerDate Nov 24 2008 08:20 Apr 15, 2015 Jkt 075679 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\DOCS\93946.TXT JACKIE C O N T E N T S Page Hearing held on October 11, 2013 ......................................................................... -
Takata International Configuration and Coordination of a Japanese Automotive Supplier
No. 70 – November 2019 Takata International Configuration and Coordination of a Japanese Automotive Supplier Stefan Schmid Felix Roedder ESCP Europe, Working Paper No. 70 – 11/19 No. 70 – November 2019 Takata International Configuration and Coordination of a Japanese Automotive Supplier Stefan Schmid Felix Roedder AUTHORS Prof. Dr. Stefan Schmid Chair of International Management and Strategic Management ESCP Europe Business School Berlin Heubnerweg 8-10, 14059 Berlin Germany T: +49 (0) 30 / 3 20 07-136 F: +49 (0) 30 / 3 20 07-107 [email protected] Dipl.-Reg. Wiss. Felix Rödder ISSN: 1869-5426 Department of International Management and Strategic Management EDITOR ESCP Europe Business School Berlin © ESCP Europe Wirtschaftshochschule Berlin Heubnerweg 8-10, 14059 Berlin Heubnerweg 8-10, 14059 Berlin, Germany Germany T: +49 (0) 30 / 3 20 07-0 T: +49 (0) 30 / 3 20 07-191 F: +49 (0) 30 / 3 20 07-111 F: +49 (0) 30 / 3 20 07-107 [email protected] [email protected] www.escpeurope.eu ESCP Europe, Working Paper No. 70 – 11/19 ABSTRACT: In less than 30 years, Takata ascended from a local Japanese manufacturer of seat belts to the world’s second-largest supplier of safety systems within the automotive industry. Rapid international expansion was a main driver of the firm’s growth. Takata had to develop adequate strategies to keep up with this development. The result was a broad array of configuration and coordination strategies, which are at the heart of this case study. To get to the bottom of Takata’s internationalization approaches, we begin by examining general characteristics of the automotive safety industry. -
Part 573 Safety Recall Report 15V-321
OMB Control No.: 2127-0004 Part 573 Safety Recall Report 15V-321 Manufacturer Name : Mitsubishi Motors North America, Inc. Submission Date : MAY 27,2015 NHTSA Recall No. : 15V-321 Manufacturer Recall No. : SR-14-012 Manufacturer Information : Population : Manufacturer Name : Mitsubishi Motors North America, Inc. Number of potentially involved : 82,784 Address : 6400 Katella Avenue Estimated percentage with defect : NR Cypress CA 90630 Company phone : 714-372-6000 Vehicle Information : Vehicle : 2004-2006 Mitsubishi Lancer Vehicle Type : LIGHT VEHICLES Body Style : 4-DOOR Power Train : GAS Descriptive Information : This recall supersedes and is an expansion of NHTSA Campaign No. 14V-752. All remaining 2005 Lancer vehicles and some 2006 Lancer vehicles are being added to this recall. Further, this recall is being expanded from a regional action, and will now include all affected vehicles nationwide, regardless of garaging or registration history. Production Dates : AUG 04, 2003 - AUG 28, 2006 VIN (Vehicle Identification Number) Range Begin : JA3AJ26E05U000210 End : JA3AJ26E74U069748 ✔ Not sequential VINs Vehicle : 2004-2004 Mitsubishi Lancer Sportback Vehicle Type : LIGHT VEHICLES Body Style : STATIONWAGON Power Train : GAS Descriptive Information : This recall supersedes and is an expansion of NHTSA Campaign No. 14V-752. All remaining 2005 Lancer vehicles and some 2006 Lancer vehicles are being added to this recall. Further, this recall is being expanded from a regional action, and will now include all affected vehicles nationwide, regardless of garaging or registration history. Production Dates : AUG 04, 2003 - JAN 23, 2004 VIN (Vehicle Identification Number) Range Begin : JA3AD29F64U003770 End : JA3AD29F14U055937 ✔ Not sequential VINs The information contained in this report was submitted pursuant to 49 CFR §573 Part 573 Safety Recall Report 15V-321 Page 2 Vehicle : 2004-2006 Mitsubishi Lancer Evolution Vehicle Type : LIGHT VEHICLES Body Style : 4-DOOR Power Train : GAS Descriptive Information : This recall supersedes and is an expansion of NHTSA Campaign No. -
24Th-Annual-Conference-Min.Pdf
International Aviation Womens Association President’s Message Dear IAWA Members and Guests, As IAWA’s new President for 2012-2013, I am so honored to welcome you to our 24th Annual Conference in Dallas, Texas: “Cleared for Take Off—Aviation’s Impact on Growth, Jobs and World Commerce”. Thanks to our very dynamic Board and to our VPs Conference Cindy Durkin and Lisa Piccione as well as our past President Katherine Staton, who have prepared relentlessly for this conference, you will be able to enjoy very thorough discussions on global issues that we all have in mind as we work our way through economic challenges and global changes. We would like to welcome all our exceptional speakers and thank our sponsors, who have been more generous than ever and will allow us not only to hold a beautiful conference but also to use our proceeds for scholarship, mentoring and more. After Paris in 2011 and before Panama in 2013, where we will be celebrating our 25th year anniversary, Dallas will give us a real taste of America! We have added to our program our new “IAWA Aviation Woman of Excellence 2012” that we will offer to our very first recipient, Kathy Posner. We will be able to enjoy a formal Boeing sponsored dinner the first night and a fun cowboy and casual style the second night. Bring your nice dresses and your jeans! We are also fortunate to have Ambassador Oberwetter welcome us to Dallas on Wednesday night. Many of you came from all around the globe to network, listen to our panels, make new relationships, and get inspired by leadership and talent. -
Case 2:14-Cv-06391-RK Document 1 Filed 11/05/14 Page 1 of 40
Case 2:14-cv-06391-RK Document 1 Filed 11/05/14 Page 1 of 40 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA MARC S. RAIKEN and MICHAEL WALKER, JR., individually and on behalf of all others similarly CASE NO. ____________________ situated, Plaintiffs, JURY TRIAL DEMANDED v. TAKATA CORPORATION, TK HOLDINGS, INC., HIGHLAND INDUSTRIES, INC., TOYOTA MOTOR CORPORATION, TOYOTA MOTOR SALES, U.S.A., INC., TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., SUBARU OF AMERICA, INC., and FUJI HEAVY INDUSTRIES, LTD. Defendants. CLASS ACTION COMPLAINT Case 2:14-cv-06391-RK Document 1 Filed 11/05/14 Page 2 of 40 NATURE OF CLAIM 1. Plaintiffs Marc S. Raiken and Michael Walker, Jr. (collectively, “Plaintiffs”) bring this action for themselves and on behalf of all persons similarly situated who purchased or leased the Defective Vehicles (defined below) manufactured, distributed, or sold by the Vehicle Manufacturer Defendants (defined below) that contain airbags manufactured by Defendant Takata (defined below), for claims under of federal and state law, as described below. 2. To date, more than 14 million cars with Takata-manufactured airbags have been recalled due to defect(s) described herein (“Defective Airbags”). Plaintiffs seeks redress individually and on behalf of those similarly-situated for losses stemming from the Defendants’ manufacture and use of Defective Airbags in Defective Vehicles. PARTIES Plaintiffs 3. Plaintiff Marc S. Raiken is a resident of Pennsylvania. Mr. Raiken owns a 2004 Toyota Corolla, which was manufactured, sold, distributed, advertised, marketed, and warranted by Defendant Toyota (defined below), which has been recalled due to the Defective Airbags.