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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.