Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
MO Supreme Court Denies Auto Dealer's 'Bad Faith' Statutory Claim
In an earlier article, we commented on the potential import of an appellate court's ruling that an automobile dealership that could not file suit to enjoin an additional dealership under a Missouri statute's specific additional “add-point” statute could nevertheless file an administrative proceeding based on a “generic” statute that prohibits conduct by a manufacturer that is “capricious, in bad faith, or unconscionable.” (See “Auto Dealer Can Bring 'Bad Faith' Statutory Claim,” Franchising Business & Law Alert, January 2009, discussing Parktown Imports, Inc. v. Audi of America, No. 2008 WL 2651775 (Mo. Ct. App. W.D. July 8, 2008).)
We contended that the prior decision could set a precedent with potentially serious implications for automobile manufacturers and other franchisors or distributors because it would have allowed actions to block network changes on a mere claim of “bad faith,” even when there is no standing to bring suit under a specific provision governing network changes. The Missouri Supreme Court has fixed that decision by overturning the appellate court in March and holding that the dealer could not rely on a general “good faith” provision in the statute to bring a claim related to an additional dealership when the dealership lacked standing to protest under the specific provision that addresses additional dealerships. See Parktown Imports, Inc. v. Audi of Amer., Inc., 278 S.W.3d, 670 (Mo. 2009).
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.