Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
New 'Dualing' Amendments to Dealer-Protection Laws Pass Legislatures
Historically, some automobile manufacturers have sought to focus their own dealers on that manufacturer's brands to the exclusion of competitive brands. Many auto dealer contracts prohibit “dualing,” that is, operating competing linemakes out of the same facility. Under new legislation passed in some states, automobile manufacturers could be forced to allow dualing, notwithstanding any terms to the contrary in written agreements and trademark laws.
The South Carolina legislature added new provisions that make it unlawful for a manufacturer to prohibit a dealer from being involved in managing, investing in, or acquiring any other make or line of new motor vehicles if: 1) “the requirements are unreasonable considering current economic conditions and are not otherwise justified by reasonable business considerations”; 2) the dealer has maintained a reasonable line of credit for each line; and 3) the dealer remains in compliance with reasonable capital standards and reasonable facilities requirements specified by the manufacturer. See S.C. Code Ann. ' 56-15-75. Under the new provision, “[r]easonable facilities requirements shall not include any requirement that a motor vehicle dealer establish or maintain exclusive facilities, personnel, or display space, unless the manufacturer or distributor establishes by a preponderance of the evidence that such requirements are justified by current economic conditions or reasonable business considerations.” Id.
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.
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.