Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Oldsmobile Dealers, GM Remain at Odds
Some Oldsmobile franchisee-dealers remain dissatisfied with the financial settlements offered by General Motors Corp. (“GM”) as compensation for GM's decision in December 2000 to phase out its Oldsmobile product line. Of the approximately 2800 Oldsmobile dealers who were operating when GM announced its phase out, fewer than 100 have not come to an agreement with GM, according to the automaker. Although numerous lawsuits have been filed in the past 2 1/2 years and some remain active, none have gone to trial so far.
The disputes began when GM announced that it would stop producing the Oldsmobiles, due to declining market share, and offered buyouts to all of its approximately 2800 Olds dealers across the United States. In 2001, GM announced a buyout, called the Transitional Finance Assistance Program (“TFAP”), which would pay most dealers a lump sum equal to $1200 for each car the dealership sold in its best year during the period 1998-2000. For a dealer who had only an Olds dealership, which represented fewer than 150 businesses, the multiple was raised to $3000 per vehicle sold. A few other compensating factors, such as proof that a dealer recently upgraded its showroom, could result in an increased TFAP offer.
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.