2021 NADC Fall Conference
Speaker: Stuart Teicher
This session focused on the ethical implications of the use of technology in the practice of law.
Why this matters: Technology continues to advance in the practice of law and that means that the ethical concerns continue to grow. Plus, a post-COVID world is going to increase the need to use new technologies — or rely more on technology. That’s going to bring up competence issues (Rule 1.1). As a result, you need to make sure that you address your own continued competence. All lawyers need to make sure we understand how to use all of the latest platforms whether it be Zoom, or something similar. And, of course, we all need to be sensitive to the ethical implications of using these platforms. Everyone, regardless of our length in the practice, must abreast of the changes in the platforms, because they are being updated all the time.
In addition to the new technologies, there is an important inflection point about which we all must be aware — the place where competence, supervision, and communication converge. For the seasoned attorneys, remember that the only way you’ll be able to adequately supervise your associates when they use these platforms is if you have an intimate understanding of the technology yourself. For the associates coming into the practice during these tumultuous times, remember that technological competence is only part of the challenge. Being able to advance to the next level in the firm requires understanding how that technology impacts your ability to communicate with the client.
Presentation
Speakers: Charles Gallaer, Arent Fox LLP | Ken Rosenfield, Rosenfield & Company PLLC
The presentation was given to In-House Counsel group for breakout on “the closing day” what to expect, problems that show up, negotiating at the closing table, and preparing the closing statement.
Presentation
Speakers: Shawn Mercer, Bass Sox Mercer | Richard Sox, Bass Sox Mercer
This presentation addressed three questions that are of paramount concern to dealers and dealer lawyers:
1) Will dealers remain relevant?
This section addressed changes in technology, direct sales, network consolidation, benefits of the dealer model and the importance of measured legislative efforts.
2) Will dealers remain profitable?
This portion of the program discussed shrinking margins, delivery centers, incentive programs, allocation concerns, facility demands and direct competition.
3) Will dealers remain independent?
The third section touched on factory efforts to regulate dealer behaviors through control of data, staffing independence, rights of first refusal, over the air updates, etc.
4) Why dealers will survive for the foreseeable future.
The session concluded with a discussion of why the continued efforts of dealers, dealer associations and their competent dealer counsel can keep the dealer model viable for years to come.
Presentation
Supplemental Materials
- Surrender of New Car Dealer License
- Agency Model Poses Challenges
- Alabama Direct Sale Prohibition
- Connecticut Prohibition on Competing
- Florida Prohibition on Competing
- Florida-2021-H1065
- New Jersey Direct Sale Prohibition
- New Jersey Zero Emission Carve Out
- New Mexico Direct Sale Prohibition
- New York EV Carve Out
- North Carolina Limit
- Oklahoma-2021-SB822
- Vermont-2021-H0155
- Vermont-2021-H0291
- Vermont-2021-S0047
- Virginia Direct Sale Prohibition
Speakers: Doug Greenhaus, NADA | Kaye Lynch-Sparks, NADA
NADA gave a status update of federal laws and programs relating to paid employee leave, employee and customer health and safety, and financial programs developed in response to COVID-19. In addition to remaining legal and practical issues, they discussed future compliance and policy challenges impacting dealership operations evolving from the COVID-19 experience.
Presentation
Speakers: Katharine Batista, Offit Kurman, P.A. | Ari Karen, Offit Kurman, P.A.
In 2021, automotive dealerships have adapted to a changed new landscape shaped by the pandemic and its manufacturing repercussions, a labor drought, and new laws and regulations from the Biden Administration. Ari Karen and Katharine Batista provided a comprehensive guide on properly paying employees in response to increased wages, and new rules regarding classification and proper minimum wage and overtime payments. Mr. Karen and Ms. Batista also discussed balancing competitive pay with adherence to wage and hour laws, including bonus structures and employee agreements, modified job positions adapted to new consumer demands and generally how to incentivize employees while proactively protecting your dealership from legal exposure.
Presentation
Speakers: Andy Koblenz, NADA | Paul Metrey, NADA
During this session, NADA executives Andy Koblenz and Paul Metrey highlighted salient and breaking federal regulatory and other developments affecting dealers on a range of topics including the ongoing Presidential transition, the advent of EVs, vehicle emissions, so-called “Right-to-Repair,” LIFO recapture, proposed amendments to the FTC Safeguards Rule, proposed CFPB small business credit application requirements, and the ongoing assault on dealer participation and voluntary protection products.
Presentation
Speakers: Patrick Anderson, Anderson Economic Group | Sara Bowers, Anderson Economic Group
Between manufacturer promises and government targets, electric vehicle (EV) news is seemingly everywhere these days. General Motors committed to introducing 30 EV models by 2025 and making Cadillac an all-EV brand. Ford, Honda, Volkswagen, and other brands are similarly aggressive, and the Biden administration has announced a regulatory target for EVs to make up 50% of all new vehicle sales in 2030. However, as Anderson Economic Group noted in the April 2021 issue of the The Defender, the reality is that US consumers have not bought many electric vehicles. As of the second quarter of 2021, EVs represented about 2.6 percent of the overall US light vehicle market.
Anderson Economic Group has identified several serious issues this transition poses for auto dealerships and for vehicle sales. This program discussed the following:
a. Actual EV sales for luxury, mid-priced, and entry level segments, along with likely future penetration of electric vehicles.
b. A short overview of manufacturer and government programs for EVs.
c. Differences in EV adoption by market (e.g., urban, rural, Midwest, coastal, affluent, and working class).
d. Mismatch risk for dealers, including risks related to equipment and inventory. What happens to dealers if their customers don’t want to buy EVs in large numbers?
e. Preparing the EV customer: real-life costs and risks of driving and charging an EV.
Anderson Economic Group included in this presentation results from their recently released study focusing on the real-world cost of driving both EV and ICE vehicles 100 miles. The analysis is unique (and may be surprising to many) since it incorporates EV costs that are often overlooked, such as those for chargers, additional taxes, and commercial charging fees. This study is the first in a series of analyses examining the transition from ICE vehicles to electric vehicles.
Presentation
Speakers: Brad Miller, NADA
This presentation provided:
A. Overview of legal and regulatory issues facing dealers in privacy and data security, and an update of recent federal and state activity.
B. OEM Data Agreement update and overview
C. Market Update – Dealer Vendors, Cybersecurity, and other updates