The Automotive Troublemaker: What's Next for Ocean Owners?

It's Tuesday and we’re hopping in an OG Delorean to look at auto industry headlines from ten years ago. Spoiler alert: It’s a lot of fun. We’re also talking about new Fisker owners banding together to keep their new Ocean’s on the road. We also talk about the brewing dispute between Delta and Crowdstrike over last week’s major business disruption.

Since the news cycle in auto tends to slow down in the Summer, we thought we’d try a new segment today where we look back to industry headlines from when you had more hair, darker hair, less children, or when some of our audience was still in middle school. Let’s jump back ten years ago to see just how far we have, or haven’t come.

Here are some main headlines from Automotive News at the end of July 2014:

• Millennials drawn to car-sharing services, but eventually, they buy. Car and ride-sharing programs are changing the way city dwellers get around and the way millennials think about car ownership. Automakers have noticed and are experimenting with ways to adapt -- creating partnerships with car-sharing services or offering their own transportation services.

• Nissan expands U.S. recall of cars with defective Takata airbags.

• Group 1 Q2 profit tumbles 55% on Brazilian problems. Stock price was around $55/share. Yesterday, it closed around $338 (+614%).

• Fisker's Chinese owner plans 2nd model after Karma output resumes.

Fisker Ocean owners are rallying to keep their vehicles operational despite the company's bankruptcy. The Fisker Owners Association is at the forefront, organizing efforts to secure parts and maintain their electric SUVs.

• Fisker halted Ocean production in May, followed by bankruptcy in June with over 6,000 Fisker Oceans sold before the stoppage.

• Fisker Ocean Owners formed an association to ensure continued access to parts and software.

• American Lease purchased Fisker's remaining inventory, potentially aiding parts supply.

• Daniel Shamah, the association's attorney, emphasized, “The highest priority for us is to make sure that these vehicles... are not very expensive hunks of metal in a year.”

Dealers aren’t the only ones looking for cash from a software company, as Delta Airlines is gearing up to seek compensation from cybersecurity firm CrowdStrike. This follows a major software update defect that caused a global business disruption, severely impacting Delta.

• Analysts estimate that Delta will experience a substantial financial loss, ranging from $350 million to $500 million, this quarter due to reputational damage and necessary ticket refunds.

• CrowdStrike's terms and conditions limit their liability to the fees paid for the software, significantly restricting potential compensation claims. Additionally, legal experts highlight that similar cases have shown companies like CrowdStrike often succeed in defending against extensive financial damages due to these contractual protections.

• Mauricio Sanchez, a senior director at a tech market research firm Dell'Oro Group, said that CrowdStrike may not have to pay at all. "While it will be a miserable summer for CrowdStrike lawyers, as they defend themselves from customers with torches and pitchforks, I don't see CrowdStrike having to pay much, if any, compensation,"

• Assistant professor at UCLA School of Law, Andrew Selbst, told Harvard Law Today that customers could sue over negligence, a common class action lawsuit, but, "Ultimately, they're difficult to win," he said.

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