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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.
Although many dealers complained to the automobile industry trade press that the financial offer was inadequate, most accepted the buyouts. GM spokesperson Rebecca Harris told FLBA that GM has “settled with more than 97% of our Oldsmobile dealers; that is they have already shut their doors or have agreed to shut their doors and selected a date.”
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?