We represent clients in the automotive and vehicle dealership industry in state and federal court actions involving dealer terminations, dealer protests, consumer claims, government investigations, and other claims under New York, Massachusetts, Connecticut and U.S. statutes regulating business practices and consumer protection. We also represent clients in commercial disputes and arbitration proceedings involving claims for breach of contract, fraud and misrepresentation.

Harris Beach Murtha attorneys also defend automotive industry clients in a wide variety of litigated matters, including providing regional counsel in personal injury defense matters. We also frequently provide dealerships with knowledgeable and aggressive representation in Real Estate Tax proceedings to lower real property tax assessments, and regularly handle matters involving the loss of actual and/or potential display space.

Our attorneys recognize it is usually beneficial to both sides to resolve disputes without litigation. We have considerable experience in bringing parties together to work out solutions without a court battle, as well as considerable experience in the trial of these cases if fair settlements for our clients cannot be obtained.

Consumers who purchase a new or used vehicle in New York, Massachusetts, Connecticut and other states are automatically covered by a number of federal and state protections. Harris Beach Murtha attorneys regularly counsel automotive and vehicle dealerships on warranty issues, including manufacturer warranties on new vehicles and state minimum warranty standards (Lemon Laws) for new and used vehicles.

We also counsel industry clients on compliance with the Gramm-Leach-Bliley Act (GLBA), and the Federal Trade Commission’s Privacy and Safeguards Rules. The GLBA requires dealers to secure and keep confidential nonpublic personal information collected from customers and imposes restrictions on banks and other financing institutions contacted by dealers. The Privacy Rule requires dealers to provide customers a written notice of their privacy policies and practices, and the Safeguards Rule requires dealers to conduct a thorough risk assessment of their security measures and design a comprehensive information security program to protect their customers’ nonpublic personal information.

The Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals. Harris Beach Murtha helps dealerships comply with OFAC sanctions and adhere to laws such as The PATRIOT Act. This includes assisting with responses to credit agency reports and reviews of non-credit transactions requiring verification that the dealer is not conducting business with persons on the Specially Designated Nationals and Blocked Persons lists.

In connection with efforts to avoid money laundering and to ferret out terrorist activities, the federal government requires reporting of certain cash transactions. For example, reporting too many cash transactions may trigger an Internal Revenue Service (IRS) audit of a dealership. We are familiar with these guidelines through our representation of both financial institutions and auto dealerships.

Our attorneys also provide counsel on other federal compliance and reporting requirements, including the Fair Credit Reporting Act (FCRA), Federal Trade Commission Act (FTC Act), Equal Credit Opportunity Act (ECOA) and Regulation B, which govern the procedures dealers follow when assisting customers with arranging credit.

Harris Beach Murtha attorneys represent dealers in Department of Motor Vehicles hearings. Two of the issues often addressed are alleged improper inspection practices and licensing problems.

We also defend numerous dealerships in state investigations into advertising practices, advertising financing of vehicle purchases, discriminatory pricing, and vehicle repairs. We help negotiate resolutions, thereby minimizing the risk of formal public proceedings. This includes the negotiation of “Assurance Agreements” and related fines. Our attorneys also provide guidance on compliance with the attorney general’s requirements.

Our motor vehicle attorneys handle all matters related to the dealer-manufacturer agreements, including franchise agreements, rates of compensation for warranty service work, facility upgrades, terms of approval for new locations, audits of warranty work and product allocation and demands by manufacturers for dedicated parts.

Increasingly, dealerships face auto manufacturers’ efforts to exert control or influence over the appearance, configuration or location of dealership property. Harris Beach Murtha addresses disputes over dualing of dealerships; modification of manufacturer programs to exclude dualed dealers; configuration of properties to separate facilities for different lines of vehicles; responsibility for maintenance of manufacturer-owned property; matters related to new car sales personnel; service personnel certifications; and manufacturer demands for minimum inventory space, minimum service technicians, dedicated and certified service parts department staff and separately outfitted showrooms; and manufacturer approval of succession plans and admission of new partners.

Unlike most other states, New York and Massachusetts have enacted specific statutory protections for automobile dealers in their dealings with automotive manufacturers. In Massachusetts, our attorneys were intimately involved with the writing of the statute and the more recent amendments. The familiarity of Harris Beach Murtha attorneys with these special protections enables our clients to successfully confront manufacturers over threatened franchise terminations, disputes concerning warranty reimbursement and repairs, succession planning and site control.

Our automotive attorneys leverage their extensive experience to provide effective counsel to clients on dealership licensing requirements, franchise agreements and disputes, and the respective merits of licensing versus franchising as business expansion strategies. We are members of the National Association of Dealer Counsel and stay abreast of industry changes nationwide on a daily basis.

Attorneys with our Automotive and Vehicle Dealerships Industry Team help plan and execute strategies designed to meet our clients’ business and personal goals, as well as providing practical recommendations to help them minimize tax costs and comply with increasingly complex tax regulations.

From partnership agreements to business succession planning, our attorneys are familiar with the issues unique to automotive and vehicle dealerships. We help dealership owners develop plans so they can transfer their businesses to their children, while minimizing the impact of estate and gift taxes. We also represent dealers in disputes between partners/shareholders.

Our motor vehicle lawyers have extensive experience handling the wide range of issues associated with dealership acquisitions and divestitures. From preparing “Buy/Sell” Agreements to addressing tax, finance, structure and environmental issues, to name a few. We work with buyers, sellers, financial sources, parties to joint ventures, and members of strategic alliances in structuring transactions and protecting our clients’ interests. To better serve our clients, we also assist them with finding capital, partners and advisors.

Whether an automobile dealer is considering vacant land for a potential dealership site, purchasing an existing dealership site or acquiring a building to convert it to a dealership, we assist dealers through the entire process. That process involves handling zoning, land use and environmental issues, and assisting dealers in obtaining financing, as well as seeking available government sponsored tax credit programs.

Harris Beach Murtha’s attorneys also advise clients on the liabilities related to underground and above ground petroleum storage tanks and disposal of hazardous materials, including heavy metals, ignitable wastes, solvents, toxic wastes and paints.

We also assist dealers in preparing their properties for ease of conveyance, addressing environmental risks associated with operations and negotiations with state and federal agencies concerning releases of hazardous substances.

Our lawyers are profoundly familiar with Occupational Safety and Health Act (OSHA) and the Environmental Protection Agency (EPA) regulations and provide counsel on compliance.

Harris Beach Murtha advises clients on all areas of employer/employee relations, the hiring and firing of employees, harassment and discrimination issues, federal and state minimum wage, overtime laws, notice requirement, employee handbooks, employee policies, rules governing commissioned sales personnel, the Fair Labor Standards Act (FLSA) and safety in the workplace (OSHA) issues. We have also successfully resolved wage and hour related class actions and investigations by the Attorney General.

We have an extensive track record of successfully representing company management when faced with union organizing and/or collective bargaining negotiation issues. Our attorneys have substantial experience in litigating employment matters, including class actions, in federal and state courts.

We also provide preventative legal advice and training for all levels of management on Family Medical Leave Act (FMLA), Americans with Disabilities (ADA), handling and investigating sexual harassment and discrimination claims, hiring and firing, and many other workplace issues.