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Appeals court delays 'sensible resolution' meeting between GM, Fiat Chrysler CEOs

DETROIT — Three federal appeals judges have delayed a court-ordered meeting between the CEOs of General Motors and Fiat Chrysler to try to settle a lawsuit over corruption by union leaders. U.S. District Court Judge Paul Borman last week ordered GM CEO Mary Barra and FCA CEO Mike Manley to meet before July 1. But GM on Friday asked the federal appeals court in Cincinnati to overturn the order and remove Borman from the case. In an order issued Monday, three appellate judges delayed Borman's order to provide time to consider legal points raised by GM. GM is suing crosstown rival FCA alleging that it got an advantage by paying off United Auto Workers union leaders to reduce labor costs during contract talks. FCAÂ’s former labor chief, Al Iacobelli, is in prison, although the company denies that it directed any prohibited payments. In his order last week, Borman described the lawsuit as a “nuclear option” that would be a “waste of time and resources” for years if he allows the case to move forward. The judge ordered Barra and Manley to sit down without lawyers by July 1 and reach a “sensible resolution of this huge legal distraction.” Borman wants an update from them on a public video conference that same day. Over the weekend he modified the order to allow lawyers to attend the meeting. In a court filing, GM called BormanÂ’s order a “profound abuse” of power. “The court possesses no authority to order the CEOs of GM and FCA to engage in settlement discussions, reach a resolution and then appear alone at a pretrial conference eight days later, without counsel,” GMÂ’s attorneys said. “Second, the court has no business labeling a properly filed federal lawsuit assigned to the court for impartial adjudication ‘a distractionÂ’ or a ‘nuclear option,’” GM said. Borman canÂ’t be viewed as impartial, company lawyers said. The judge declined to comment. In a court filing Monday, Fiat Chrysler lawyers wrote that GM didn't make a good case to remove Borman because judges routinely direct lawsuit parties to talk about settling. The lawyers wrote that GM originally wanted the case assigned to Borman but now apparently is worried that his tough questions mean he will dismiss GM's claims. “GM should not be permitted now to complain that that judge has turned out to be less hospitable to GMÂ’s claims than GM anticipated. Parties are not permitted to engage in such judge shopping," the filing said.

Fiat Chrysler agrees to new $3.8 billion credit facility with banks

MILAN — Fiat Chrysler said on Thursday it has agreed a new credit facility with two banks, at a time when major carmakers are having to shut down plants, losing revenue as demand slumps in the wake of the coronavirus. Most of FCA's plants around the world are currently shut in response to the virus emergency. Italian investment firm Exor, which controls FCA, said on Wednesday that the temporary closures might continue and increase depending on how the coronavirus outbreak develops. FCA said the credit facility would be available "for general corporate purposes and for working capital needs" of the group and that it was structured as a "bridge facility" to support its access to capital markets. "This transaction confirms the continued strong support of FCA's international key relationship banks in the current extraordinary circumstances," the automaker said in a statement, without making any explicit link between the new facility and the impact the virus is having on the global economy. The facility can be drawn in a single tranche of 3.5 billion euros ($3.8 billion), with an initial 12-month term which can be extended for further six months. It adds to existing credit facilities worth 7.7 billion euros, including lines for 1.5 billion euros that the company has started to draw down, FCA said. FCA is in merger talks with Peugeot owner PSA to create the world's fourth biggest carmaker. The deal is expected to be finalized by the first quarter of next year. Equita's analyst Martino De Ambroggi said that, based on his new assumption of a 10% drop of global auto market this year, the crisis triggered by the coronavirus would impact the merged automaker's free cash flow by over 5 billion euros. Earlier this week, General Motors announced it will draw about $16 billion from its credit lines in a bid to beef up liquidity amid rising business impact from the fast-spreading coronavirus outbreak. And last week, rival Ford abandoned its 2020 forecast and said it was drawing down $15.4 billion from two credit facilities to bolster its balance sheet. Related Video:

Detroit and Silicon Valley: When cultures collide

Culture is a subject that rarely, if never, gets discussed when traditional auto companies buy — or hugely invest — in Silicon Valley-based companies. The conversation surrounding the investments is usually about how the tech looks appealing and how it's an appropriate step to move the automakers toward autonomy. Culture — the way things are done, the expectations, and the approaches — is something that is overlooked only at one's peril. The potential cultural gap is almost always evident in the obligatory photos of the participants in these deals, with is essentially a photo op of auto execs with their Silicon Valley counterparts. The former — rocking jeans and no ties — look like parochial school kids playing hooky. Don't worry: The regimental outfits will be back in place once they get back in the Eastern time zone. Consider what happened back in 1998 when Daimler bought Chrysler. First of all, there was a denial in Detroit that it happened. It was positioned as a "merger of equals." Which it wasn't. In any corporate situation, when one has more than 50 percent of the business, it owns the whole thing. And the German company was in the proverbial driver's seat. People who were around Auburn Hills back then kept their heads down and their German Made Simple books at hand. Things did not go well. Daimler had had enough by 2007, when it offloaded Chrysler to Cerberus Capital Management — which brought ex-Home Depot CEO Bob Nardelli into the picture, which is a story onto itself. But when you think about the Daimler-Chrysler situation, realize that these were two car companies (at least the Mercedes part of the Daimler organization), so they had that in common, and the language of engineers is something of an Esperanto based on math, so there was that, too. Yet it simply didn't work. It doesn't take too many viewings of HBO's Silicon Valley to know that the business people in that part of the world are far more aggressive than people who ordinarily head and control car companies in Detroit. About 20 years ago, a book came out about the founder of Oracle titled The Difference Between God and Larry Ellison* - and the asterisk on the book jacket leads to: God Doesn't Think He's Larry Ellison. It would be hard to imagine a book about a Detroit executive, even a book that had the decided bias that the tome about Ellison evinces, that would be quite so searing. Sure, there are egos. But they are still perceived to be, overall, "nice" people.