2022 NADC Annual Member Conference
Speakers: Andrew Koblenz, NADA | Paul Metrey, NADA
During this session, NADA Executives Andy Koblenz and Paul Metrey will highlight salient and breaking federal regulatory developments affecting dealers on a range of topics including the ongoing Presidential transition, the latest public policy and industry developments on EVs, LIFO Recapture, the final amendments to the FTC Safeguards Rule, Military Lending Act litigation, the CFPB’s proposed small business credit application requirements, and the ongoing assault on dealer participation and voluntary protection products
Supplemental Materials
Speakers: Johnnie Brown, Pullin, Fowler, Flanagan, Brown & Poe, PLLC | Eric Chase, Bressler, Amery & Ross, P.C. | Russell McRory, ArentFox Schiff LLP
Eric Chase, Johnnie Brown, and Russell P. McRory, Esq. will discuss selected leading topics in the law for car dealers during 2022 and discuss them interactively with the members. Attendees may expect a handout of the Defender publication of Eric Chase’s 2022 Top 30 article, published in the January 2022 issue of the Defender. As in the past, the presentation may also include important developments arising in the first few months of 2022, so that the information is as current as possible.
Presentation
Supplemental Materials
Speakers: John Iannarelli, FBI Special Agent (Ret.) | Ron Smith, Stoll Keenon Ogden
This session will deal with perhaps the most difficult compliance area of the new Federal Trade Commission Red Flag amendments – third-party providers; prevention of cyber-attacks and an actual case study of a “man in the middle” scam. This session will conclude with practical advice from the FBI on recognizing the threats and preventing cyber-attacks. Be present for the last session of the conference. We promise, you will be glad you did not leave early.
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Supplemental Materials
Speakers: Mark Barnes, Portfolio | Andrew Weill, Weill & Mazer
Join reinsurance expert Mark Barnes and NADC Past President Andrew Weill to help your dealer clients successfully navigate a change in participation structure or make the move to a new provider. Get an overview of the various structures marketed to dealers, including legal concerns and tax issues, as well as evaluation and change action checklists.
Topics will include:
- Triggers that cause owners to seek new opportunities.
- New participation structure vs. new provider.
- Financial hooks and pitfalls in program termination or conversion.
- Evaluation and change action checklists.
- Identification and control of fees and other cost factors.
- Evaluation and drafting of documents to preserve and protect revenue.
- Determination of real availability of funds to the dealer.
- Clarification of responsibilities of all parties to protect the dealer.
- Integration of program with wealth, estate and succession planning.
- Monitoring performance and recognizing success.
Presentation
Speakers: Eduardo Morales, Hornberger, Fuller Garza | Cohen
Jéan Venant, The Rawls Group
In order to ensure our clients protect the business they have built and the value through to the next generation, they need to embrace the importance of empowering
their next gen to develop into the leaders of tomorrow.
In this session, attendees will hear real-life examples of clients doing this well, as well as clients who have not. Key takeaways include understanding the advisors’ role in helping the client be more intentional and focused to:
- Identify the benefits of having candid conversations with next gen or future leaders about their desires and motivations
- Develop a transition plan that includes opportunities for growth and personal development
- Embrace the risks of assuming their next gen or next leaders will just “get-it”
- Attendees will leave this session with a stronger focus on being their clients’ trusted advisor and embracing the, “help me, help you” mentality when it comes to things clients just don’t want to talk about.
Presentation
Speaker: Erin Kerrigan, Kerrigan Advisors
The global pandemic accelerated the pace of change already afoot in auto retail. Dealers achieved incredible profits in 2020 – on average up 48% as compared to
2019 - and continued the earnings growth trajectory in 2021 even with limited inventories. The question on many dealers’ minds is how will today’s record profits impact blue sky values in 2022 and beyond? This session will answer that question by reviewing the drivers of franchise value in today’s active buy/sell market – both from a buyer’s and seller’s perspective. We will discuss the complexities of valuation in the post-Covid period, effective acquisition strategies for growing dealership groups, and the potential effect of digital retailing and electrification on future
franchise value.
The goal of our session is to provide NADC members with a clear understanding of how to think about valuation in the post-Covid era, as well as accretive acquisition strategies for growth, and the implications of industry changes on future blue sky value. This will be a fast-paced presentation packed with data, insight, and analysis.
Presentation
Session 5B: Zero Emission Vehicle Mandates – Dealers Will Face Unprecedented Changes in Coming Years
Speakers: Anthony Bento, California New Car Dealers Association | Peter Brennan, Massachusetts State Automobile Dealers Association | Matthew Groves, Colorado Automobile Dealers Association | Alisa Reinhardt, California New Car Dealers Association
This session will discuss governmental zero emission vehicle mandates, with a focus on California’s mandate for 100% new vehicle sales to be ZEVs by 2035. California’s mandate will have nationwide implications, as many states will choose to adopt California’s standards. Panelists will also discuss the status of related zero emission vehicle requirements in other states, with a particular focus on Colorado and Massachusetts. Zero emission vehicle mandates are already impacting manufacturer electric vehicle program requirements, which are imposing increasing costs on dealers nationwide.
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Supplemental Materials
Moderator: Ken Rosenfield, Rosenfield and Company, PLLC
Speakers: Charles Gallaer, ArentFox Schiff LLP | Paul Dumm, Rosenfield and Company, PLLC | Joseph Roesner, The Fontana Group, Inc.
Auto dealers are operating in a turbulent environment. The presenters will offer their perspectives on damages in manufacturers cases in the current environment. From a legal perspective, the presentation will cover:
- Types of cases that are currently prevalent
- Different ways that damages can arise
- Groundwork for claims
- Components of damages
- Examples of case law
The presentation will also offer an overview of damages in manufacturers cases in today’s environment from the perspective of the economist and the accountant. These will cover:
- An overview of how damages in manufacturers cases are viewed by the economist and the accountant
- Key considerations in the damages analysis and how these are affected by the current environment
- Different measures of damages and how these are affected by the current environment
- Key inputs to the damages analysis, where to get the data, and how that data is affected by the current environment
- Examples and illustrations
Presentation
Speakers: Johnnie Brown, Pullin, Fowler, Flanagan, Brown & Poe PLLC | Jami Farris, Parker Poe Adams & Bernstein LLP | Harold Oehler, Oehler Mediation
More than 95% of lawsuits settle and most settle during mediation. This session will share practical mediation strategies outside counsel and in house lawyers can immediately begin using to achieve better mediation results, higher settlement rates and lower litigation costs. Topics for this presentation include:
- Proven techniques for proactively using mediation to decrease litigation costs and eliminate risk
- How to choose the right mediator and company representative
- How to prepare the mediator and your client
- To Zoom or not to Zoom?
- Effective Zoom mediation techniques.
- How to give a compelling Opening Statement that leads to settlement.
- Effective negotiating strategies for dealing with difficult parties and lawyers
- How to bust an impasse
- How to document settlement agreements during live and Zoom mediations
- Reviving settlement discussions after impasse without losing leverage
This presentation will include a Q/A and Comments session where audience members will share how they suggest improving mediation as well as effective mediation techniques they have observed.
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Speaker: Stephen B. Stern, Kagan Stern Marinello & Beard, LLC
This session will cover the risks of social media and how dealers can properly handle it with customers and employees.
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Speaker: Chris Cleveland, ComplyAuto
Join Chris Cleveland as he speaks on the new requirements the FTC placed on financial institutions to safeguard the NPI they collect and use. Specifically, the speakers will talk about:
- Annual penetration testing and vulnerability testing,including social engineering and phishing simulations –who will be in charge of this?
- Updating and implementing “Information Security Programs,” “Incidence Response Plans, and “Data Retention Policy” – what does that mean and how do we get our hands around it?
- Performing periodic risk assessments and document risks, evaluation methods, risk mitigation – What does it involve?
- Security awareness training for employees
- Requiring that dealers have Data Processing Agreements with service providers in place
Presentation
Speaker: Todd Scherwin, Fisher Phillips
This session will discuss the common misconceptions and mistakes that dealers make that can lead to litigation or administrative complaints and audits. We will explore best practices in pay plans and the nuances to watch out for under various state and federal law.