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The Magnuson-Moss Warranty Act: A Recent Split of Opinions Regarding Protection of Lessees
In recent months, a number of leasing-related issues have arisen with respect to motor vehicle finance transactions. Specifically, the matter of vicarious liability for lessors still appears to be an active and openly debated concern, despite Congress' attempt to pre-empt various troublesome state laws. In addition, other motor vehicle finance issues, such as certain sublease arrangements, insurance issues, and compliance with the International Fuel Tax Agreement, have all become topics of discussion in this leasing sector. In the last few months, however, another auto leasing issue has quietly joined the ranks: whether a motor vehicle lessee may invoke the provisions of a manufacturer's warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvement Act. The answer to this question has been complicated by the recent decisions of two state supreme courts (New Jersey and Arizona), which have come down on opposite sides of this issue within weeks of each other.
In Ryan v. American Honda Motor Co., N.J., No. A-16 (Feb. 27, 2006), the New Jersey Supreme Court ruled that an individual who leases an automobile from a dealership is a 'consumer' as defined by the Magnuson-Moss Warranty Act. Conversely, in Parrot v. Daimler Chrysler, No. CV-05-0104-PR (March 15, 2006), the Arizona Supreme Court held that the lessee could not sue under Magnuson-Moss because he did not qualify as a consumer under the Act. The true dividing point in these two cases, however, did not revolve around whether the lessee was a 'consumer' under the Act, but rather whether there was a qualifying sale in the first instance.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.