Representation of an automotive parts supplier in its acquisition of an after-market motorcycle parts manufacturing and supply company.
Automotive and Manufacturing Law
Clark Hill has provided breakthrough counsel at the center of the automotive world for more than a century. Within the steel and sweat of an emerging Detroit in 1890, we hung our first shingle and quickly became known throughout the region as the go-to automotive firm. We have not looked in the rearview mirror since.
We forged ahead like so many hardworking automotive manufacturers, suppliers, dealers and distributors with a relentless commitment to delivering. We’ve navigated steadfastly through the industry’s hills and curves of ever-changing consumer demands, production volume shifts and increasing government regulations—challenges that make the automotive industry so unique and demanding.
We are the destination for mission-critical, highly specialized issues ranging from labor disputes and supplier contracts to product liability and automotive recalls.
Whether you’re a multinational manufacturer, a family-owned car dealership, a national parts distributor, or a small tier-two parts supplier, we will help you navigate the road ahead with clarity and confidence.
We have assembled a global team of former automotive executives, manufacturers, suppliers, and general counsel to provide clients with best-in-class service and an unmatched level of experience. Our team, approach and firm framework ensure client responsiveness with speed and precision to every automotive legal matter.
We continue to lead and serve clients in all aspects of automotive matters, including:
- Warranty cost allocation arrangements
- Directed supplier arrangements
- Purchase order terms and conditions
- National Highway Traffic Safety Administration (NHTSA) regulations and investigations, including those involving the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act
- NHTSA recall and product liability issues
- Product liability lawsuits
- Domestic and international mergers and acquisitions
- Joint ventures
- Distribution arrangements
- Supplier and customer workouts and bankruptcies
- Intellectual property arrangements and trademark infringement claims
- General commercial arrangements
- Resolution of warranty disputes between suppliers and auto manufacturers
- National case management
- Terms & conditions
- Capabilities in Manufacturing and Beyond
Capabilities in Manufacturing and Beyond
The automotive industry is deeply connected to the manufacturing world. These integrated sectors continue to evolve and expand alongside the rapid growth of the service sector and the green economy. With our heritage of achieving results, we provide comprehensive litigation, transaction and regulatory services critical to the daily operation of manufacturing companies.
Our proven experience helps manufacturers keep their focus on their core business. With attorneys and professionals who have led manufacturing and engineering businesses, We are a vital partner for manufacturing clients in labor and employment law, government regulations, risk management, real estate, contract preparation, corporate governance, succession planning, finance, litigation, mergers, and sales.
Advising automotive suppliers in the analysis, negotiation and modification of OEM and Tier 1 customer purchasing terms and conditions
Advising a Tier 1 manufacturer of plastic automotive components on a capital restructuring with a private equity sponsor
CNH Capital America LLC v. Trainor Grain & Supply, Co, et al., 478 B.R. 876, 78 U.C.C. Rep. Serv. 2d 782 (2012). Obtained summary judgment on behalf of a lender claiming rights to crop proceeds under the Uniform Commercial Code against a grain elevator claiming setoff rights under both a contract and the Food Security Act.
Homeplace of Am., Inc. v. Salton, Inc. (In re Waccamaw’s Homeplace), 325 B.R. 524 (Bankr. D. Del. 2005). Defended a manufacturer in a $3.5 Million preference action in a week-long trial in the Bankruptcy Court for the District of Delaware
Advising a Canadian Tier 1 automotive supplier on the acquisition of an OEM vehicle assembly facility from a U.S. Tier 1 automotive supplier.
Advising an industrial manufacturer on the sale of its plastics pipe business a Swiss piping systems manufacturer.
Advising a U.S. steel manufacturer on the purchase of industrial manufacturing equipment in excess of $100 million from a Japanese supplier.
Advising the City of New York on a vehicle supply agreement with Nissan North America for the Taxi of Tomorrow.
Counsel to several large Tier 1 automotive suppliers in the troubled supplier cases of General Motors Corporation (New York, N.Y.), Dura Automotive, Inc. (Wilmington, Del.), Delphi Corporation (New York, N.Y.), among others
Represented the Agent with respect to an asset based credit facility, the proceeds of which were used, among other things, to finance the acquisition by the borrower of substantially all the United States and Mexican assets of a company in the steel racking business. The credit facility was fully secured by all the assets of the borrower and was guaranteed by the borrower's Mexican subsidiaries, which guarantees were secured by assets in Mexico.
Counsel to the administrative agent and lead arranger in connection with a $202,000,000 senior secured credit facility to finance the acquisition of the stock of a specialty metals company. The credit facility is secured by all assets of the loan parties, including all of the capital stock of each of the loan parties. The credit facility also involved the merger of the acquired company into the borrower, as well as the negotiation of a subordination agreement with third party lenders who helped to finance the acquisition.