Motor Vehicle

BFKN’s MVG works with automobile, truck, motorcycle, and powersports manufacturers and distributors, as well as captive finance companies, across the country and around the world. Our clients rely on us to help them set up and manage their distribution networks, create and implement business strategies, policies, and procedures, negotiate agreements, protect trademarks, and defend them in high-stakes litigation.

Our attorneys are knowledgeable and creative strategic partners. Whether litigating, counseling, or negotiating transactions on behalf of our clients, we combine our broad and deep knowledge of the motor vehicle industry with exceptional legal ability and experience, allowing us to help our clients efficiently and effectively solve difficult problems and achieve their business objectives.

Counseling

The MVG advises clients on a wide range of statutory and regulatory matters, including franchise and dealer law, antitrust, intellectual property, employment, finance, tax, and bankruptcy. We help our clients navigate the often-complex web of state and federal regulations applicable to the motor vehicle industry.

Dealer Network & Market Representation

We regularly counsel manufacturers and distributors on market representation strategies. We have assisted clients with preparing and implementing new dealer agreements and operating standards, drafting sales and distribution agreements, creating brand standards, and developing margin programs. We have also worked with our clients to develop effective strategies to launch new franchise networks and customized allocation programs for new products. And we have helped our OEM clients develop policies in such key areas as corporate identification, minority dealer representation, dealer ownership transfers, product allocation, warranty compensation, and pricing.

In addition, our clients routinely turn to us to guide them through the contractual and regulatory thicket applicable to dealership buy-sell transactions and other ownership transfers. We work with outside counsel for the transacting parties to manage the transfer process, review dealer applications, and evaluate complex dealer ownership structures (such as embedded trusts and LLCs), and advise manufacturers and distributors on their pre-emptive rights and obligations, such as rights of first refusal and turn-down, in single-dealership and multi-dealership transactions.

Antitrust, Competition & IP Matters

We regularly counsel manufacturers and distributors on antitrust and competition issues relating to sales, marketing, and distribution. We have advised our clients on the creation of e-commerce programs and “one-shop” retail sales platforms, the adoption and enforcement of advertised and resale pricing policies, the structure of margin and incentive programs, and the provision of other forms of dealer network support.

We have also advised our clients on the negotiation of supply agreements with competitors, helped them create and implement internal antitrust compliance policies, and counseled them on appropriate communications with OEM industry associations and dealer councils.

In addition, we represent OEMs and distributors in a wide variety of non-patent intellectual property matters, including trademark and copyright licensing and enforcement, intellectual property aspects of business transactions, gray market trading, and registration of trademarks in the United States and abroad.

Finance & Payments Platforms

The MVG works with our Fintech (FIGx) Group to assist our clients with finance and payments platforms. The FIGx Group is uniquely positioned to assist clients that need to understand prepaid access, payment networks, ACH, real-time payments (Clearinghouse and FedNow), digital and mobile banking, and other novel issues relating to the movement or acceptance of money. The Group has represented payments companies and advised on cutting-edge digital, mobile, and non-traditional payments.

Litigation

The MVG represents manufacturers and distributors in federal and state courts and administrative forums across the country in franchise, antitrust, general business, class action, intellectual property, employment, and bankruptcy litigation. We use our extensive industry knowledge and experience to develop and pursue strategies in the litigation context that aim to achieve our clients’ optimal short- and long-term business objectives.

Franchise Litigation

Our attorneys regularly represent manufacturers and distributors in dealer litigation under federal and state franchise laws in federal and state venues throughout the U.S. We have handled disputes over dealer add-points and relocations, territory changes, terminations, allocation methods and practices, advertising programs, bonus programs, invoice pricing, facility and other corporate identity requirements, warranty compensation, and dealership bankruptcies, among others. In addition, we have represented manufacturers and related entities facing investigations and enforcement actions by state agencies and administrative boards. Whatever the nature of the dispute, we approach franchise litigation as an opportunity to help our clients realize their ultimate business objectives, including building better and stronger dealer networks through the strategic transformation of local, regional, and nationwide markets.

Class Actions & Other Commercial Litigation

The MVG also represents its industry clients in class actions and other commercial litigation independent of the manufacturer-dealer relationship. These cases have included consumer class actions, employment discrimination claims, disputes relating to executive compensation and non-compete agreements, licensing and distribution agreements, and other complex litigation involving claims for breach of contract, breach of warranty, consumer fraud, and other deceptive or unfair trade practices under state and federal law.

Intellectual Property Litigation

The MVG represents its manufacturer clients and related entities in courts and other forums around the country in disputes relating to the protection and prosecution of our clients’ intellectual property assets, including claims for infringement of trademarks, copyrights, trade dress, and trade secrets.

Commercial & Business Transactions

The MVG assists clients with a full range of commercial arrangements and business transactions. Our extensive experience in sophisticated corporate, real estate, and financial transactions enables us to craft practical and creative strategies for handling complex matters to achieve our clients’ goals, all within the wide-ranging regulatory framework of the motor vehicle industry.

We frequently advise our clients on transactions that include, for example, structuring and documenting new dealership relationships, navigating the sales of dealerships and corresponding manufacturer rights of first refusal, advising manufacturers on dealer financing issues, and negotiating and implementing dealership terminations and corresponding repurchase obligations on manufacturers.

In addition, we help our clients with the full spectrum of commercial arrangements that impact the distribution of their products. For example, we assist our clients in negotiating and implementing supply contracts, agreements for logistics services and software, and contracts relating to promotional, sponsorship, and licensing arrangements. We also advise our clients with respect to such matters as the marketing and sale of extended warranties, service contracts, and maintenance plans, fleet sales to various government and retail customers, and mobile service and other third-party service arrangements, and in connection with issues such as those surrounding data collection, privacy, cybersecurity, and emerging technologies.

Industry Contacts