Document(s) published by this organization: 76
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|New Hampshire Supreme Court Holds Settlement Unenforceable Under Anti-Waiver Provisions of State Motor Vehicle Franchise Law|
Paul J. Halasz, Nancy Todaro; Day Pitney LLP;
May 22, 2013, previously published on May 21, 2013State motor vehicle franchise laws often proscribe agreements that purport to waive the statutory protections afforded to dealers. Thus, when a new franchise relationship is formed, a manufacturer cannot pressure the new dealer into forgoing legislative safeguards against termination or...
|DOE Ends LNG Export Approval Moratorium|
Florence K.S. "Flossie" Davis, Joseph H. Fagan, Michael A. Stosser; Day Pitney LLP;
May 22, 2013, previously published on May 21, 2013The Office of Fossil Energy of the Department of Energy (DOE/FE) ended a nearly two-year moratorium on liquefied natural gas (LNG) export approvals on Friday when it conditionally approved the export of LNG to countries that do not have a free trade agreement with the United States (non-FTA...
|Fourth Circuit Enforces Arbitration Clause over Franchisee Challenge|
Jesse C. Ehnert, Paul R. Marino; Day Pitney LLP;
May 22, 2013, previously published on May 21, 2013In a recent case involving three different challenges to an arbitration clause in a franchise agreement, the U.S. Court of Appeals for the Fourth Circuit held that the arbitration clause was enforceable despite the agreement's inclusion of (1) a class-action waiver, (2) a fee-splitting clause, and...
|No Cure Opportunity Required Where Auto Dealer's Breach is Incurable|
Lisa M. Gonzalo, Dennis R. LaFiura; Day Pitney LLP;
May 22, 2013, previously published on May 17, 2013Many state motor vehicle dealer statutes require that franchisors provide dealers with an opportunity to cure contractual breaches prior to implementing terminations. The question of whether such a statutorily-mandated cure provision required a motor vehicle franchisor to provide a dealer with an...
|Massachusetts High Court Applies Independent Contractor Statute to New York Workers|
Jeffrey A. Fritz, John P. McLafferty; Day Pitney LLP;
May 22, 2013, previously published on May 20, 2013On May 17, the Massachusetts Supreme Judicial Court (SJC) issued its ruling in Taylor v. Eastern Connection Operating, Inc., holding the Massachusetts independent contractor, wage and overtime statutes may apply, in certain circumstances, to out-of-state workers of Massachusetts companies.
|Appeals Court Upholds FERC's ROE Approach|
Michael D. Hornstein; Day Pitney LLP;
May 20, 2013, previously published on May 17, 2013On May 10, the U.S. Court of Appeals for the District of Columbia Circuit rejected Southern California Edison's challenge to the Federal Energy Regulatory Commission's (FERC's or Commission's) setting the company's base return on equity (ROE) for three transmission projects using the median, rather...
|Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements|
Peter C. Gourdine, Paul J. Halasz; Day Pitney LLP;
May 16, 2013, previously published on May 14, 2013Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements. Whether a manufacturer can enforce such a provision requires an analysis of competing state and federal statutes and a determination of whether the vehicles sold fall within the statutory...
|The New Identity Theft Red Flags Rules - Get Ready!|
James E. "Jim" Bowers; Day Pitney LLP;
May 15, 2013, previously published on May 10, 2013In our April 15 Alert, we discussed the Securities and Exchange Commission's and the Commodity Futures Trading Commission's new rules requiring certain entities regulated by the two agencies - including investment advisers, broker-dealers, mutual funds and commodity pool operators - to implement an...
|CFTC External Business Conduct Standards - Temporary Relief to Foreign Exchange Transactions|
Eliza Sporn Fromberg, Henry Nelson Massey; Day Pitney LLP;
May 10, 2013, previously published on May 8, 2013A no-action letter issued on May 2 provides swap dealers and major swap participants with temporary relief from compliance with External Business Conduct Standards rules in connection with certain foreign exchange transactions that have a settlement cycle of no more than seven local business days...
|Caution - Statements by Public Officials May Result in Securities Law Violations|
Douglas W. Gillette, Adam M. Kasowitz, Namita Tripathi Shah; Day Pitney LLP;
May 10, 2013, previously published on May 7, 2013Yesterday, the Securities and Exchange Commission issued a Report of Investigation (Report) that included a warning to public officials to "be mindful that their public statements, whether written or oral, may affect the total mix of information available to investors, and should understand...