To Adjudicate or Not to Adjudicate? Issues of Jurisdiction and Comity in the U.S. Volkswagen Litigation

Emily Golding, Vol. 37 Associate Editor

In September, news that over 11 million Volkswagen diesel vehicles worldwide had been equipped with software used to defeat emissions tests rocked the international community. In the days following the publication of the scandal, Volkswagen stock dropped nearly 30%.[1] The deception by the world’s top-selling car maker continues to affect not only its shareholders and its customers, but its reach extends to governments, international regulating bodies, and the international motor industry as a whole. Continue reading

Resolving the Volkswagen Scandal

Christina Foster, Vol. 37 Associate Editor

Volkswagen, the largest automaker in the world, made headlines last month after it admitted to installing defeat devices in its diesel engines to evade emissions standards. The initial discoveries came from the United States, but the company later admitted that approximately 11 million Volkswagen cars worldwide contain the device.[1] According to the German Transport Minister, Alexander Dobrindt, Volkswagen manipulated emissions tests in Europe as well.[2] Credit Suisse estimates that the scandal could cost the company up to 78 billion euros.[3] This has already had huge implications for shareholders across the globe as shares have dropped over 35%, and the fallout is likely to continue.[4] According to Volkswagen’s Chairman, Hans Dieter Poetsch, the scandal has become “an existence-threatening crisis for the company.”[5] This raises the question of how far the world should push to hold Volkswagen accountable. Continue reading

International E-Discovery: EU Privacy Protection vs. US Broad Disclosure

Katherine McGuigan, Vol. 37 Associate Editor

On September 18, 2015, the world discovered that Volkswagen had been cheating on its emission tests for its diesel-fueled cars.[1] Volkswagen admitted that over 11 million cars worldwide might contain “defeat devices” which can “make cars appear cleaner than they are during regulatory tests and disable emissions controls during normal driving conditions.”[2] Since that disclosure, VW has lost more than $34 billion of its company value.[3] Many countries have halted the sale of its cars.[4] Volkswagen now faces a tidal wave of lawsuits from disgruntled car owners[5] and could be fined up to $18 billion by the U.S. Environmental Protection Agency.[6] Continue reading