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Document(s) published by this organization: 76
Show: results per page Sort by:  | 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;
Legal Alert/Article May 22, 2013, previously published on May 21, 2013 State 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;
Legal Alert/Article May 22, 2013, previously published on May 21, 2013 The 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;
Legal Alert/Article May 22, 2013, previously published on May 21, 2013 In 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;
Legal Alert/Article May 22, 2013, previously published on May 17, 2013 Many 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;
Legal Alert/Article May 22, 2013, previously published on May 20, 2013 On 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;
Legal Alert/Article May 20, 2013, previously published on May 17, 2013 On 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;
Legal Alert/Article May 16, 2013, previously published on May 14, 2013 Mandatory 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;
Legal Alert/Article May 15, 2013, previously published on May 10, 2013 In 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;
Legal Alert/Article May 10, 2013, previously published on May 8, 2013 A 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;
Legal Alert/Article May 10, 2013, previously published on May 7, 2013 Yesterday, 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...
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