2011 NADC Fall Conference Information

The 2011 NADC Fall Conference will be held October 9-10, 2011 at the Trump International Hotel & Tower in Chicago, Illinois (http://www.trumpchicagohotel.com/). This one day program will give you innovative ideas and valuable insight to meet the challenges of a constantly changing industry!

Preliminary Agenda:

Sunday, October 9

6:00 to 7:30 PM: 2011 NADC Fall Conference Opening Reception

Sponsored by The Fontana Group

Monday, October 10

7:00 to 8:00 AM: Breakfast

Sponsored by Counselor Library.com

8:00 to 8:15 AM: Opening Remarks

8:15 to 9:45 AM: Spot Delivery Panel

Rob Cohen, Auto Advisory Services, Inc.
Jeff Ingram, Galese & Ingram, P.C.
ALex Kurkin, Kurkin Forehand Brandes LLP

This session will discuss the legal theories plaintiff attorneys are using to attack spot delivery practices. Plus, panelists will discuss best spot delivery practices and the proper drafting of rescission agreements. Topics will also include: retail installment contract integration clauses, Truth-in-lending Act violations, consummation and contract dating issues, single document rule problems, recission rights, contractual conditions precedent/subsequent, and improper use of bailment and borrowed car agreements in spot delivery scenarios.

9:45 to 10:00 AM: Break

All day refreshments sponsored by Dixon Hughes Goodman

10:00 to 11:00 AM: Arbitration and Class Action Waivers

Michael Dommermuth, McGloin, Davenport, Severson and Snow, P.C.
Shawn Mercer, Bass Sox Mercer
Christian Scali, Arent Fox, LLP

This panel will focus on the impact of the AT&T Mobility v. Concepcion Supreme Court decision and other case law developments which impact the use of pre-dispute arbitration clauses and class action waivers in agreements between dealers and consumers. Legislative and regulatory attempts to restrict or eliminate the use of such agreements with consumers will also be addressed.
The panel will analyze various pros and cons associated with the use of arbitration clauses and class action waivers in the automotive industry and will also provide agreement drafting recommendations in light of recent legal developments.

11:00 to 11:15 AM: Break

11:15 AM to 12:15 PM: NADA Update

Andrew Koblenz (Vice President, Legal and Regulatory Affairs)      
Paul Metrey (Chief Regulatory Counsel, Financial Services, Privacy, and Tax)

NADA attorneys will provide an update on an array of legislative and regulatory developments affecting car and truck dealers, including the FTC motor vehicle roundtables, other Dodd-Frank Act initiatives, the scope of the Risk-Based Pricing Rule, efforts to eliminate LIFO, estate tax reform, the regulation of greenhouse gases, overtime pay for service advisors, OSHA recordkeeping requirements, and more.  Time will be set aside for attendees’ questions.

12:15 to 1:15 PM: Lunch

1:15 to 2:15 PM: The Closing Process and Pitfalls in a Dealership Acquisition

Erin Tenner, Esq., Tenner Johnson, LLP
Steve La Bonte, Esq., LaBonte Law Group, PLLC
Ted Kobayashi, CPA, Kobayashi and Company 

The panelists will walk you through the Closing process for the purchase and sale of an automobile dealership and help you to navigate potential pitfalls.  Learn the do’s and don’ts and the issues that can make or break your deal, or land you in litigation.  This presentation will focus primarily on asset sales but will touch on stock sales transactions.  Learn how to plan for a smooth closing without all the typical hiccups and how to prepare your client for the closing process.

2:15 to 2:30 PM: Break

2:30 to 3:30 PM: The Government: An Employee's New Best Friend

Christopher Hoffman, Fisher Phillips LLP

In the past year, few changes have occurred in the statutes governing labor and employment law.  However, the current Administration is making major changes through the rule making process, interpretations and in the administrative agencies’ handling of claims.  This session will focus on the new approach and rules promulgated the DOL, NLRB and EEOC.

3:30 to 4:30 PM: Effective Strategies for Countering the New Wave of Manufacturer Oppression

Leonard A. Bellavia, Bellavia Gentile & Associates, LLP

A practical approach on how dealer attorneys should respond to the onslaught of factory demands and practices which have emerged since the 2008-2010 industry meltdown.

4:30 PM: Closing Remarks 

5:00 to 7:00 PM: NADC 2011 Fall Conference Closing Reception

Sponsored by Anderson Economic Group

A gathering for members and guests to mingle, network, and reflect on the conference.