2022 NADC Fall Conference
Speakers:
Andy 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 Federal Trade Commission’s sweeping proposed trade regulation rule and NADA’s comprehensive response, lessons learned from recent FTC enforcement actions, the status of Military Lending Act litigation and LIFO relief legislation, and more.
Speaker:
Michael Benoit, Hudson Cook LLP
This presentation will focus on a national perspective on recent FTC and CFPB enforcement actions relating to (a) voluntary protection products and/or (b) alleging violations based on disparate impact discrimination.
Presentation
Supplemental Materials
Speaker:
Peter Thiel, Haig Partners
Dealers are enjoying record profits despite inventory shortages and a pandemic. At the same time, many dealers have adopted the “get big or get out” strategy for the future. These conditions are leading to a record number of buy-sells at record high prices. The future of automotive retail is reliant on dealers who want to grow and compete over the long term. Session attendees will hear about how the future of auto retail continues to look bright but different than what we’ve historically experienced. And how dealers can take advantage of these conditions for their long-term benefit. Attendees of this session will:
• Gain insights into the current buy-sell market
• Hear what current trends are impacting their clients’ dealership values
• Understand how stores are being valued today and what it may look like in the future
• Learn where their clients can invest the right capital to compete in the era of consolidation
Attendees will walk away with information and insights to help maximize the value of their clients’ businesses and compete for the long-term
Speakers:
T. Bently Durant, Classic Chevrolet Inc.
Evan Nahmias, City Enterprises, LLC
Maggie Finnegan, CarMax
In the presentation, Mr. Durant will cover the modern facets of the sovereign citizen movement ideology, their appearance in case law, and give real world examples of their forms and materials that he’s collected over the years, with the intent of giving group attorneys some forewarning in case they encounter a SovCit scheme in practice. Please see this VOX article for background and color: https://www.vox.com/2016/2/9/10942860/sovereign-citizens-movement
Speakers: Gabe Robleto, Kerrigan Advisors | Charles Gallaer, ArentFox Schiff LLP | Barret Beatty, Mahdavi, Bacon, Halfhill & Young, PLLC
Rising interest rates typically have a significant impact on commercial real estate values. As interest rates rise, the cost of capital also increases, which reduces the return on investment for commercial real estate assets. This leads investors to demand higher returns on their capital in the form of higher capitalization rates in order to compensate for the increased cost of capital, putting downward pressure on commercial real estate values.
Since March of 2022, the federal funds rate has risen from 0.25% to 5.25%, most recently increasing 50 basis points in May 2023 to the highest rate since 2006. With inflation still elevated and unemployment low, the Federal Reserve could increase rates again in 2023. While the current banking turmoil may mitigate future rate increases, disruption in the financial sector may also lead to an increase in borrowing costs, resulting in higher costs of capital for investors, even if interest rates decline.
This presentation assesses the impact of rising interest rates on dealership real estate values and how to efficiently review real estate appraisals in a rising interest rate environment. It reviews image compliance demands and strategies for navigating through OEM facility requirements during a buy/sell, including a review of state franchise laws which may (or may not) protect dealers’ interests.
The goal of this session is to provide NADC members with a clear understanding of how to think about real estate valuation, investment, and image compliance while navigating a buy/sell. This will be a fast-paced presentation packed with data, insight and analysis. The main learning objectives of our session are:
- Implications of recent interest rate increases on real estate values
- Reviewing dealership appraisals & comparables
- Assessment of real estate ROI in a transaction or upgrade
- OEM image compliance demands during a buy/sell
Speaker:
Kevin Timson, Schwartz Ettenger, PLLC
Join this session to get practical advice on how to get clients and the attorneys expediently and efficiently through every step of the buy-sell process. Mr. Timson will go over pre-sale assessments to identify seller leverage and liability going forward:
• Drafting Initial Terms
• Drafting the Purchase Agreement
• Asset Terms
• Representations and Warranties
• Restrictive Covenants
• Real Property
• OEM Approval and Rights of First Refusal
• Closing Considerations
• Updates for Post-Covid transactions
Speaker:
Brad Miller, NADA
Join this session for an annual review of key dealer issues involving a variety of federal and state dealer data and related “digital” issues, including: an update on compliance and industry efforts with respect to the Amended FTC Safeguards Rule; the latest FTC activity and what dealers can expect in 2023; state law update; and the latest on Dealer /OEM data sharing agreements. Brad Miller will also provide an overview of NADA industry and marketplace efforts.
Speakers:
Shawn Mercer, Bass Sox Mercer
Richard Sox, Bass Sox Mercer
This presentation will address the issues of factory direct sales and unfair competition in such areas as lead development, customer relations, over-the-air updates, F&I and, of course, motor vehicles sales, leases and subscriptions.
The speakers will examine traditional legislative treatment of direct sales as well as discuss innovative approaches to OEM efforts to bypass the franchise system.
Speakers:
Mike McMahan, ArentFox Schiff
Ted Stockton, The Fontana Group
Speakers will cover the inventory shortage, any up-to-date news on supply chain disruption and projections for its end. The session will focus mostly on allocation systems, how they work, how manufacturers play games with the allocation system, and how state dealer acts provide protection to dealers on allocation.
Speaker:
Kirsten Vignec, Hill Ward Henderson
This presentation focuses on the option to address the legal issues with respect to employee benefit matters in mergers and acquisitions. With the number of acquisitions, mergers and consolidations within the automotive industry it is a good idea for practitioners to have a general understanding of how to address employee benefits as employee benefits are a critical component of any talent retention platform. Participants will walk away with the following:
• An overview of the potential employee benefit plan issues that can come up in either a stock or an asset deal.
• Understanding the risk management of continuing, combining or terminating plans,
• A decision analysis on how to handle benefit matters.
Speaker:
Speaker: Randy Henrick, Ignite Consulting
Nicole Munro, Hudson Cook LLP
Gil Van Over, gvo3 & Associates
Terrence J. O’Loughlin, Reynolds & Reynolds
Shannon Robertson, AFIP
Compliance Officers serve as conduits, with other personnel, for intra-dealer communications of behavioral directives. With the imminent demands of the revised Safeguards Rule, and its independent Qualified Individual designation, Compliance Officers will assist these Qualified Individuals, in a collaborative manner. Quite significantly, as well, dealership Compliance Officers can be effective points of contact with dealers’ legal counsel. But, what should a dealership Compliance Officer know, and how does such an Officer get trained for these challenges?
Compliance Officers should have a two-tier track for education. They should avail themselves of formalized training programs. Secondly, they should avail themselves of all the free information and support in the marketplace.
This session will explore the various training options and free support that exist in the marketplace. Educational program representatives from Automotive Compliance Education (ACE), Association of Dealer Compliance Officers (ADCO), Association of Finance and Insurance Professionals (AFIP), and the National Automotive Finance Association (NAF) will substantively summarize their programs and how they educate Compliance Officers. In addition, freely available support services and information, such as
dealer association, vendor, and government resources will be identified.
Speakers:
Johnnie Brown, Pullin, Fowler, Flanagan, Brown & Poe, PLLC.
Shari Patish, MileOne Autogroup
This program will introduce attorneys to the dealership environment, focusing on operations, employment and HR issues; and M&A. It is designed for those relatively unfamiliar with new car dealership operations and issues, or those who have only dealt with one f automotive law and would like to learn more about other areas. aspect of automotive law and would like to learn more about other areas. It is intended as a general introduction, to be augmented by the other sessions presented at the conference.