2020 NADC Fall Virtual Conference
Speakers: Andy Koblenz, NADA | Paul Metrey, NADA
In this session, NADA attorneys Andy Koblenz and Paul Metrey will provide an overview of numerous federal regulatory challenges confronting auto dealers in the areas of finance, privacy, tax, trade, fuel economy, and COVID-19 relief. Ample time will be set aside for questions.
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Supplemental Materials
Speakers: Randy Henrick, Randy Henrick & Associates, LLC | Terry O'Loughlin, Reynolds & Reynolds
Used vehicle selling has become a larger portion of many dealers’ businesses and presents unique and difficult compliance challenges perhaps, especially, due to the pandemic. This session will identify the key issues and provide remedies, along with documentation solutions. Issues to be addressed include: “As Is” sales and warranty requirements, prior use and damage disclosures, certified pre-owned vehicles, used car buyers guide, titling, and odometer tampering, among others.
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Speakers: Lisa Messner, Mac Murray & Shuster LLP | Michele Shuster, Mac Murray & Shuster LLP
Marketing to consumers has never been more challenging and fraught with risk. Amid increasing TCPA class action filings targeting auto dealers, conflicting court rulings and FCC Declaratory Rulings, the U.S. Supreme Court is reviewing the interpretation of the TCPA. Now what? Through a discussion of relevant and high-profile case studies, participants will learn strategies for defending this type of unique litigation and receive practical guidance on avoiding TCPA liability pitfalls while proactively managing risk.
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Supplemental Materials
Speakers: Kimberly Ross, FordHarrison LLP | Jack Schaedel, FordHarrison LLP | Rick Warren, FordHarrison LLP
The main topics for this session will include:
- Diversifying your clients’ management teams (possible inclusion of manufacturer initiatives on women- and minority-owned dealerships)
- Hiring issues
- Increasing prevalence of “ban-the-box” legislation restricting use of criminal history as hiring criteria
- Equal pay legislation restricting use of salary information
- Appearance Discrimination (how factors like hair, clothing, tattoo/piercing policies are used at dealerships and when they can get dealers into trouble. Additional discussion on issues like attractiveness, “youthfulness,” obesity/size)
Environmental issues in the 2020’s. As the #MeToo movement evolves, what will be the new challenges for dealers in the new decade?- Training requirements such as anti-harassment
- Other best practices.
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Speaker: Brad Miller, NADA
Dealers are being asked to provide more and more information to their manufacturers, and at the same time they see a real need to obtain data from the vehicle and elsewhere from the OEM.
This sharing raises serious issues for dealers and this session will focus on the legal and regulatory issues raised by dealer and OEM data sharing agreements, including a discussion of the common legal issues raised for dealers and consumers by these agreements as well as an in-depth overview of specific OEM data agreements and proposals.
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Speakers: Stephen Dietrich, Holland & Knight | Adam Lawyer, DHG Dealerships
This session will discuss the current state of dealership values, the dealership acquisitions market, common buy/sell contract disputes and potential causes of damages in a dealership setting.
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Speaker: Travis Peterson, One View
The goal of this presentation is to inform dealership counsel about all of the ways a dealer may be caught off guard by a DMS or a certain set of circumstances where access to, retention and ownership of, data is critical. The counsel’s role is to protect the dealer, implement a third-party document management system and avoid being on the wrong side of real-world scenarios.
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Supplemental Materials
Speaker: Meghan Finnerty, Offit Kurman
This session will address: the status of coverage claims and litigation over COVID-19 business interruption, liability, and property claims; insurance issues relating to losses from riots and vandalism; and recent litigation over coverage for cyber attacks. In addition, we will provide practical advice for the general practitioner in how to protect and maximize insurance coverage for losses.