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Commercial Lessors and Ontario's New Motor Vehicle Sales and Dealership Act
On Jan. 1, 2010, the long-awaited Ontario Motor Vehicle Dealers Act, 2002 (the “MVDA” or the “Act”) and its two Regulations will come into force. The Act was to come into effect on April 1, 2009, but for a variety of reasons, as will become clear, the Ministry delayed implementation. The impact of this legislation is far-reaching to any person who sells, leases, or finances motor vehicles (consumer or commercial) in the Province of Ontario. The legislation is both a quasi-consumer protection act and a regulatory document combined into one. It is complex. A complete summary is beyond the scope of this article. This article focuses on some of the broad concepts that are applicable to all persons dealing in motor vehicles, with a particular emphasis on commercial finance. As will become clear, the Act, while having some helpful consumer protection provisions, may have a strong negative impact on dealers and the finance market generally.
Background and Overview
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.