I. Warranty Reimbursement Statutory Mandates Overview State motor vehicle dealer laws very closely regulate the structure of warranty repairs performed by authorized dealership, as well as the reimbursement manufacturers or…
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I. Background Facts Greensward Croft, Inc. is a Milwaukee, Wisconsin based manufacturer of agricultural and grounds maintenance equipment, which they sell through a network of more than 60 dealers across…
Being a franchisor means being subject to significant regulation of the relationship with your franchisees. Pre-sale registration and disclosure Federal: 16 CFR Part 436 State Pre-sale disclosure: California, Hawaii, Illinois,…
What is equipment? McCarthy Integrated Sys. v. Evoqua Water Tech., 379 P.3d 263 (Ariz. Ct. App. 2016): The Arizona Court of Appeals determined that the Arizona Equipment Dealers Act includes…
Overview: Antitrust constraints on efforts to direct the advertising of resale prices A minimum advertised price (“MAP”) policy is a supplier’s policy that resellers not advertise prices below a price…
How are Advertising Issues Usually Raised? complaints by competitors enforcement by FTC, FDA or USDA complaints by consumers You need to be logged in to view the rest of the…
I. FCPA Overview A. Importance of anti-corruption compliance B. Elements of the FCPA (15 U.S.C. §78dd-1, et seq.) 1. Anti-Bribery Provision a. Corruptly; b. Offering, promising, authorizing, or…
“Red flag” is a term of art in the FCPA/anti-corruption compliance world. The presence of a red flag does not necessarily mean that illegal conduct has occurred or that the…