Foley Automotive Update

Analysis by Julie Dautermann, Competitive Intelligence Analyst

Foley is here to help you through all aspects of rethinking your long-term business strategies, investments, partnerships, and technology. Contact the authors, your Foley relationship partner, or our Automotive Team to discuss and learn more.

Key Developments

• Join Foley & Lardner LLP partners Greg Husisian, Leah Imbrogno, and Vanessa Miller on Tuesday, February 25, for a Strafford CLE webinar, “Navigating Tariffs and Supply Chain Contracts: Mitigating Financial and Legal Risks.” To learn more about the webinar and secure your registration, click here.
• Join Foley & Lardner and In-House Connect on February 26 for the 2025 Supply Chain & Trade Law CLE Summit, a free half-day webinar with insights regarding policy shifts under the Trump administration and key developments affecting supply chains, tariffs, and international trade laws. This webinar will be broken up into four programs. To learn more about each program and to register, click the links below:
  • Tax, Trade, and Policy Changes Under the New Trump Administration: What to Expect and How to Prepare
  • Navigating Supply Chain Contracting in a Volatile Global Landscape
  • International Trade and Manufacturing in Mexico Under the New Trump Administration: What to Expect and How to Prepare
  • Managing Import Risks Under the New Trump Administration: What to Expect and How to Prepare
• Brainwaves: 100 Days and Beyond | Presidential Policy Shifts Impacting Automotive: Foley & Lardner is excited to partner with the Society of Automotive Analysts to host an exclusive gathering of business and legal executives from the region for a timely program on March 11, 2025 at Foley & Lardner’s Detroit office. The program is an invitation-only event. If you are interested in attending, contact our team at [email protected].
• Foley & Lardner partners Greg Husisian, Kate Wegrzyn, and Vanessa Miller provide key considerations and business risks in the video alert, Tariffs: Does Your Contract Protect You?
• Automakers and suppliers are delaying certain investment decisions and considering a range of scenarios to adjust production and supply chains in response to President Trump’s tariff policies that include a 25% tariff on certain automobile and semiconductor imports that could be announced as soon as April 2, the potential for broader “reciprocal tariffs” on all countries that tax U.S. imports, 25% levies on steel and aluminum imports, and uncertainty over proposed 25% tariffs on all U.S. imports from Mexico and Canada that were paused for a “one month period” as of February 3.
• Major automakers are reported to be increasing their lobbying efforts over concerns certain tariff and trade policies of the Trump administration will lead to higher manufacturing costs and job losses in the U.S.
• Foley & Lardner partner Greg Husisian provided insights in Manufacturing Dive on the potential ramifications of President Trump’s 25% tariffs on steel and aluminum imports, as well as commentary in CNN here and here regarding the Trump administration’s proposed “reciprocal tariffs” on numerous trading partners. Visit Foley & Lardner’s 100 Days and Beyond: A Presidential Transition Hub for more updates on policy analysis and the business implications of the Trump administration across a range of areas.
• Vehicle imports represented 53% of 2024 U.S. new light-vehicle sales, according to analysis from GlobalData featured in CNBC. The top three nations for U.S. vehicle imports last year were Mexico (16.2%), Korea (8.6%) and Japan (8.2%).
• Canada accounts for roughly 20% of U.S. steel imports and 50% of aluminum imports. The U.S. exported over $16 billion of steel and aluminum products to Canada in 2024.
• Foley & Lardner partner Vanessa Miller commented in the SupplyChainBrain article, “The Fight for Control of the Panama Canal,” lending important context to the recent headlines over the crucial waterway. Panamanian President José Raúl Mulino had previously expressed enthusiasm to work with the Trump administration. However, he is now leading a resistance to U.S. threats to assume control over the Panama Canal.
• Environmental Protection Agency Administrator Lee Zeldin on February 14 announced plans to submit certain California emissions waivers for Congressional review. The action could result in a repeal of waivers approved under the Biden administration that supported California’s Advanced Clean Cars II, Advanced Clean Trucks, and Omnibus NO_x rules. Earlier this month, the U.S. Supreme Court denied the Trump administration’s request to pause three cases so the EPA could reevaluate Biden-era regulations that include the decision to grant California a Clean Air Act waiver allowing the state to implement its own greenhouse gas emissions standards for vehicles.
• Foley & Lardner senior counsel Justus Britt assessed the Trump administration’s suspension of the National Electric Vehicle Infrastructure (NEVI) program in the Law360 article, “EV Charging Supply Chain In Limbo Amid Funding Freeze.” Established through the 2021 Bipartisan Infrastructure Law/Infrastructure  Investment and Jobs Act, the NEVI program was allocated $5 billion over five years to install EV chargers.

OEMs/Suppliers 

• Ford informed suppliers it will delay the launch of its next-generation F-150 pickup truck, according to a report in Crain’s Detroit.
• Ford reported 2024 net income of $5.9 billion on total revenue of $185 billion, representing year-over-year increases of 37% and 5%, respectively. The automaker projected its 2025 operating profit could decline by 17% to 31% YOY due to challenges that include pricing competitiveness, lower sales volumes, and the expectation for up to $5.5 billion in losses for its EV and software operations.
• Private equity firm KKR and Taiwanese electronics giant Hon Hai Precision Industry (Foxconn) were reported to be considering investments in Nissan following the automaker’s breakdown of merger discussions with Honda.
• GM laid off 79 hourly workers at its CAMI Assembly plant in Ingersoll, Ontario. The plant produces the BrightDrop electric commercial van.
• Isuzu will invest $280 million to establish a commercial truck manufacturing plant in South Carolina.
• GM intends to close a plant in Shenyang, China, as part of a broader restructuring in the nation in response to declines in market share, according to unnamed sources in Reuters.

Market Trends and Regulatory

• The Wall Street Journal provided a breakdown of the U.S. market share and production of certain overseas automakers that could be affected by new import tariffs.
• The Alliance for Automotive Innovation expressed its support for the nomination of Jonathan Morrison to serve as Administrator of the National Highway Traffic Safety Administration. Morrison most recently held a position at Apple, and he previously served as NHTSA’s Chief Counsel during the first Trump administration.
• A Rhode Island federal judge ruled on February 10 that substantive effects have persisted for the now-rescinded January 27 Office of Management and Budget memorandum (M-25-13) that called for a freeze on certain federal grants, loans and other financial assistance. The judge also “rejected the administration’s argument that some funds — including assistance under the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA) — have remained properly frozen in an effort to ‘root out fraud,’ writing that his order required all frozen funding to be restored.”
• Automakers are among the entities lobbying the Trump administration to pursue a gradual phaseout of certain EV tax credits rather than an abrupt end.
• A Massachusetts federal judge ruled against automakers that sought to block implementation of the state’s “right-to-repair” law. In the lawsuit filed in 2020, automakers had cited concerns that included cybersecurity risks and the potential for inconsistencies with certain federal laws.
• Automotive News provided an overview of the manufacturing investments that could beat risk if the IRA or large portions of it are repealed.
• Auto insurance costs may rise for consumers if vehicle repair costs are impacted by tariffs on auto parts.
• A report in Automotive News predicts an increase in automotive plants with the flexibility to produce multiple propulsion systems.
• BYD is reported to be pursuing discussions to sell European automakers carbon credits to help mitigate the effects of stricter emissions standards in the European Union. The European Commission could announce an action plan next month in response to automakers’ concerns over the compliance costs associated with 2025 CO₂ emissions targets in the bloc.
• The Trump administration agreed to pause additional layoffs at the U.S. Consumer Financial Protection Bureau, according to a February 14 court order. However, the future of the lending institutions’ regulator is currently unclear.  

Autonomous Technologies and Vehicle Software

• BYD will include advanced driver-assistance systems as a standard feature in many of its future models sold in China at no additional cost to buyers. Capabilities of BYD’s “God’s Eye” system will vary depending on the vehicle classification. The automaker is also developing plans to integrate software from Chinese AI startup DeepSeek.
• GM announced a goal for its Super Cruise hands-free driver-assist system to reach $2 billion in annual revenue within five years.
• Industry stakeholders at the 5g Automotive Association symposium emphasized the importance for automakers to invest in vehicle-to-everything (V2X) connectivity.
• Lyft plans to debut driverless rides in Mobileye-powered robotaxis as soon as next year, beginning in Dallas.

Electric Vehicles and Low Emissions Technology

• J.D. Power predicts 2025 U.S. EV market share will hold at 9.1%,to match last year’s sales levels of 1.2 million units.
• Toyota plans to begin shipping batteries for North American electrified vehicles from its Battery Manufacturing North Carolina plant in April 2025. This is Toyota’s first in-house battery manufacturing plant outside Japan and it represents nearly a  $14 billion investment.
• Electric truck maker Nikola filed for Chapter 11 bankruptcy protection.
• Automaker-backed EV charging company Ionna plans to continue adding infrastructure at pace without relying on NEVI funding, with a priority on hubs around cities to serve drivers that are not able to install a home charger. 
• Rivian’s electric van is now available for purchase by any entities with a fleet of commercial vehicles. The vehicles were previously exclusively sold to Amazon.  
• A group of Republican senators introduced legislation to establish a $1,000 tax on new EV purchases to fund federal road repairs.