2016 NADC Fall Conference - Information

Sun, 10/23/2016 - 6:00pm - Tue, 10/25/2016 - 12:45pm
The Radisson Blu Aqua Hotel,Chicago, IL


The NADC 2016 Fall Conference will be held October 23-25, 2016 at the Radisson Blu Aqua Hotel in Chicago, IL. The conference will begin on Sunday, October 23 with a cockatil reception at 6:00 PM.



(NADC Members only - must be logged in to activate link)
Registration is $495 per NADC member.



Conference attendees and guests are invited to join NADC for a cocktail reception on Sunday, October 23 at 6:00 PM and Monday, October 24 at 5:00 PM. The conference will begin promptly on Monday at 8:00 AM and on Tuesday at 8:30 AM. Breakfast will be served on both days at 7:00 and 7:30 AM respectively. The conference will conclude on Tuesday at 12:45 PM.


CLE Credit will be available for the 540 minutes (including 60 minutes of ethics) of educational program pending approval in your state (9 credits for states that calculate 60 minutes per credit; 10.8 for states that use 50 minutes per credit). Contact Moira Skelley at mskelley@dealercounsel.com for more information. CLE credit will be applied towards the state or states entered in your online registration form.

If you need to cancel your hotel room at the Radisson Blu Aqua, please do so by emailing Christina McGrath at cmcgrath@dealercounsel.com so that your room can be given to a member on the wait list.
NADC's room block at The Radisson Blu Aqua hotel is SOLD OUT. Contact Christina McGrath (cmcgrath@dealercounsel.com or 202-293-1454) to add your name to the wait list. 
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3:00 – 5:00 pm
Board Meeting
5:30 pm
New Member Reception
6:00 - 7:30 pm
Opening Reception


7:00 – 8:00 am
7:00 – 8:00 am
In-house Counsel Breakout Session: Corporate Compliance & Ethics Programs: The Internal Investigation - HR
Mercedes Hendricks, Axiom Advisors
Melinda Levy-Storms, The Niello Company
Christian Scali, The Scali Law Firm
This session will focus on internal investigations, presented as an element of an effective corporate compliance and ethics program.


8:00 - 8:15 am
Opening Remarks


8:15 - 9:45 am
Session 1: Litigating and Preparing for Sales Performance, Price Discrimination and Facility Cases after Beck Chevrolet
Christopher DeVito, Morganstern, MacAdams & DeVito Co., L.P.A
Russel McRory, Arent Fox, LLP
Joseph Roesner, The Fontana Group
The New York high court recently held in the Beck Chevrolet v. General Motors case that the industry standard (really only the manufacturer standard) measure of dealer sales performance was unfair and unreasonable under New York law because it did not take into account most local market conditions including brand popularity. The issue was presented to the New York high court on a certified question from the Second Circuit.
The presentation will discuss the ramifications of Beck Chevrolet for dealers and attorneys going forward, how to defeat manufacturer arguments and the Urban Science witness on rotely applied averages used as performance standards, and how this all plays in to incentive programs and facility requirements that impact
every dealer.
The presentation will also include discussion of other manufacturer programs currently impacting dealers. These include Cadillac’s Project Pinnacle and its potential impact particularly on the small volume Cadillac dealer. It will also discuss disparate incentive payments under various manufacturer programs such as the Nissan 10 Sales Growth Program.
9:45 - 10:15 am
NEW THIS YEAR - Monday's breaks will be 30 minutes each to allow attendees to enjoy extended networking opportunities.
10:15 - 11:15 am
Session 2: Succession Planning: Fundamentals and Practicalities
Andrew Dana, Parker Poe Adams & Bernstein LLP
Richard J. Kollauf, BMO Harris
This session will provide fundamentals and practicalities of succession planning for auto dealers including how to start the planning conversation, the importance of planning, succession strategies, and income/gift/estate tax considerations.
11:15 - 11:45 am
11:45 am - 12:45 pm
Session 3: Obama Administration Swan Songs: DOL "White Collar" Overtime Rule, DOL Persuader Rule, OSHA Electronic Reporting Rule, and Encino Motorcars
Lauren Bailey, NADA
Douglas Greenhaus, NADA
You can measure the last year of an Administration by the whirlwind pace by which it issues new rules. The recent onslaught includes mandates impacting the relationship between dealerships and their employees. This session will review key requirements and suggest compliance strategies related to:
  • DOL’s new overtime salary thresholds for executive, administrative, and professional, outside sales and computer employees.
  • OSHA’s mandate to report injury and illness record-keeping data from commercial duty truck dealerships and large light-duty car dealerships.
  • DOL’s requirement to report expenditures related to union organizing and collective bargaining and its interference with attorney-client privilege.
  • U.S. Supreme Court’s decision on whether “service writers” are exempt from overtime as “salesmen.”
  • The EEOC’s expanded collection of pay and hours-worked data from employers filing EEO-1 reports.


12:45 - 2:15 pm
2:15 - 3:15 pm
Session 4: Rising Stakes: The Importance of Real Estate in Auto Retail Transactions
Ryan Kerrigan, Kerrigan Advisors
Gabriel Robleto, Capital Automotive Real Estate Services, Inc. (CARS)
Jay Statland, Burke, Warren, MacKay & Serritella, P.C.
Capital Automotive (CARS); Kerrigan Advisors; and Burke, Warren, MacKay & Serritella, P.C. will provide a highly educational, in depth review of the real estate aspects of auto retail buy-sell transactions. The commercial real estate associated with auto dealerships is becoming an increasingly larger percentage of typical transaction proceeds in the event of a sale. And, metro, urban and even some suburban dealerships are increasingly facing more complex real estate decisions as land values soar, and redevelopment continues to expand.
3:15 - 3:45 pm
3:45 - 4:45 pm
Session 5: Buy Side vs. Sell Side - Let the Negotiations Begin!
John Davis, DHG Dealerships
Alan Haig, Haig Partners
Though buy/sells have been around for a long time in the dealership world, transaction activity has undoubtedly gained momentum over the last couple of years and continues to increase moving into 2016 as the industry remains ripe for consolidation. With dealership price tags at record highs and attractive ROIs, buyers are diving in and dealers have more exit strategies than ever. Furthermore, the recent acquisitions by private equity and family office investors have spurred a notable increase in buy/sell activity within the industry.
This session will address these buy/sell trends and will more specifically dive into the key details of both angles of the transaction.
5:00 - 6:30 pm



7:30 - 8:30 am
7:30 - 8:30 am
In-House Counsel Breakout Session: Corporate Compliance & Ethics Programs: The Internal Investigation - Operations
Mercedes Hendricks, Axiom Advisors
Melinda Levy-Storms, The Niello Company
Christian Scali, The Scali Law Firm
This session will focus on internal investigations, presented as an element of an effective corporate compliance and ethics program.
8:30 - 10:00 am
Session 6: NADA Update
Andrew Koblenz, NADA
Paul Metrey, NADA
During this session, NADA’s Andy Koblenz and Paul Metrey will provide an overview of the many federal regulatory issues in which NADA is engaged, with a particular emphasis on recalls, the CFPB’s disparate impact initiative, the potential attempts to regulate ancillary products by the CFPB and the FTC, and the FTC’s various other activities in the consumer protection and competition areas.
10:00 - 10:15 am
10:15 - 11:15 am
Session 7: Data Security and Digital Issues…the Storm on the Horizon
Adam Crowell, Premier Data Management
Steven Gibson, Dealer Risk Services
Bradley Miller, NADA
An overview of the challenges facing the Dealer community with regard to Data Security. Discussion will include a review of recent legislative activity with regard to Digital Dealer issues and the exposures Dealers face in their day to day operations.
11:15 - 11:30 am
11:30 am - 12:30 pm
Session 8: Ethics - Malpractice Primer for Dealer Counsel
Donald St. Denis, St. Denis & Davey , P.A.
Don St. Denis, Co-Founder and Senior Shareholder at St. Denis & Davey, P.A. will provide a malpractice primer, presenting an overview of the model rules of professional conduct, conflicts-of-interest, hazards for the transactional lawyer, hazards for the litigation lawyer, and risk management. Ethics CLE credit will be available for this session pending approval in your state.
12:30 - 12:45 pm
Closing Remarks
NADC 2016 Fall Conference Brochure.pdf6.51 MB