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Read the latest news from Scali Rasmussen, including legal alerts and event listings.

Commercial Real Estate Leases

What dealers need to know about use provisions

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What happens if your franchisor terminates your franchise or business is so lousy that you can't make a go of it, but you still have two, three or as many as ten more years to go on your commercial real estate lease? Well, that depends.

Enforcing arbitration agreements

In California, unconscionability is still the battleground, but for how long?

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Dealers are under assault by consumers and employees who, in a still-recovering economy, too often use the court system as a bonanza to address their own economic troubles, unrelated to anything the dealer did or failed to do.

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Today, the FTC announced that it has issued final amendments to the Alternative Fules Rule, consolidating the labels required on alternative fuel vehicles (AFVs) with those required by the U.S. Environmental Protection Agency (EPA), eliminating the need for two different labels and reducing the burden on manufacturers and used car dealers of complying with the rule.

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As of January 1, 2013, trucks and 53-foot trailers operating in California are subject to more stringent requirements under regulations being implemented by the California Air Resources Board (CARB).

CFPB targets indirect auto lending practices

Is there a real problem or is the CFPB just flexing its muscle?

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Last week, the Consumer Financial Protection Bureau issued a bulletin on what it perceives as the "potential for discriminatory pricing" caused by the policies of some indirect auto lenders that allow auto dealers to mark-up lender-established buy rates and that compensate dealers for those markups in the form of reserve.

CARB's truck and bus regulations

Are you in compliance?

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This should be old news to many of you. But it has recently come to my attention that it is not old news to everyone, which is why I'm posting it now.

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On July 6, 2012, the President signed the Moving Ahead for Progress in the 21st Century Act (MAP-21). This was the first multi-year transportation authorization since 2005 and funds surface transportation programs at over $105 billion for fiscal years 2013 and 2014. According to the Department of Transportation, it transforms the framework for investments to guide the growth and development of the country’s vital transportation infrastructure.

I know where you went last Summer

Privacy implications of vehicle-tracking technology

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I'm sure everyone has heard about the tussle (that's an understatement) between Elon Musk's Tesla Motors and the New York Times concerning that paper's negative review of the Tesla Model S. When Musk countered the review in his blog by citing information that the car gathered about where and how the Times reporter drove the Model S, as recorded by the car's "black box," he sparked a flaming debate about the information that our cars record. And, whether he meant to or not, he put the privacy implications of such recording technology at the forefront of public concern.

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