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In the Marketplace
GE Capital of Norwalk, CT, and Element Financial of Toronto have entered into an asset purchase agreement for Element to acquire GE Capital's Canadian fleet portfolio and for the two companies to form a strategic alliance to deliver comprehensive vehicle fleet financing and management services to cross-border customers in Canada and the United States. Under the terms of the agreement, Element will acquire GE Capital's existing Canadian fleet portfolio for C$570 million, along with the GE Capital Canada fleet operational resources required to service this portfolio. These Canadian operations will be combined with Element's existing fleet management business, TLS Fleet Management. In addition to serving the domestic Canadian fleet industry, the combined entity operating under the Element Fleet Management brand will serve Canadian customers under a Strategic Alliance Agreement between Element and GE Capital Fleet Services.
HNA Group Company Limited of China has agreed to acquire GE Capital's TIP Trailer Services, a European provider of transport equipment leasing, rental and service solutions. Following the acquisition completion TIP will operate a network of 48 branches throughout 16 European countries, with over 100 rental locations, more than 50 workshops and 100 mobile service vans. TIP has a transport equipment fleet in excess of 45,000 units. HNA Group, a diversified services and integrated operations company, is advised by Bravia Capital of Hong Kong, with whom it has historically partnered on other transactions.
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.