FRANCHISE SUMMIT 2024

Toyota Motor North American Headquarters | Plano, TX

December 10, 2024

Panel Discussions

Session 1: Understanding the Other Side: Franchise Trends & Tips

Ryan Ford: Partner, Hogan Lovells

Ryan Ford understands the automotive business, and the challenges facing companies that sell and distribute motor vehicles in the United States. An experienced litigator and trial lawyer, Ryan combines his industry knowledge and first-class litigation skills to achieve practical results for his motor vehicle manufacturer clients.

Ryan has handled litigation for motor vehicle manufacturers in more than 20 jurisdictions across the United States. He has tried (and won) cases before judges, juries, arbitrators, and administrative agencies, and protected those wins on appeal.

James McGrath: Partner, Seyfarth Shaw

Unprecedented advances in technology and innovation are dramatically changing the way clients go to market in every industry. James serves as a guide for clients as they navigate the changing landscape, helping them to achieve their business objectives and defending their business practices when they come under challenge.

For more than 25 years, James has worked with clients in highly regulated industries as they look to establish, grow, and maintain their businesses and distribution networks. Drawing on his substantial knowledge across franchise and distribution, antitrust and competition, and complex commercial litigation, James evaluates risk and determines a strategic course of action that best suits his clients' objectives. He is an experienced trial lawyer with a track record of success at the trial and appellate levels before state and federal courts, and administrative agencies throughout the country.

Steve McKelvey: Partner, Nelson Mullins

For more than 30 years, Steve has dedicated himself to meeting and exceeding his clients’ needs in the automotive industry.  He is the leader of the firm's nationally recognized Automotive Industry Group, which provides comprehensive strategic counseling, experienced litigators, and proven trial attorneys in virtually all aspects of the transportation sector.  In this capacity, Steve works closely with more than 100 attorneys in the Automotive Industry Group, and with dozens of clients throughout the industry.  He is one of a very small number of lawyers to have been recognized by Chambers USA with a Nationwide Band 1 Ranking in the category of America's Leading Lawyers for Business, in the Transportation: Road (Automotive). Additionally, Steve has been recognized by Legal 500 United States as a Leading Lawyer in the Transportation: Rail and Road sector.

Owen Smith: Partner, BFKN

Owen is a trial attorney and legal advisor for leading companies and distinctive brands. Owen works with clients in heavily regulated industries to help them get ahead of the litigation risks they face. And when disputes arise, clients turn to Owen to guide them through pre-trial litigation, trial, and appeals in jurisdictions throughout the country.

Owen is a partner in BFKN’s Litigation Group and a first-chair trial attorney representing manufacturers and distributors, fashion and luxury retail brands, financial institutions, real estate investment companies, and law firms in individual and class actions arising under federal and state constitutions and statutes, as well as contract, tort, and fiduciary duty laws.

Owen serves as co-chair of BFKN’s Motor Vehicle Group. He regularly advises and litigates on behalf of automobile, motorcycle, truck, and powersports manufacturers and distributors, as well as captive finance companies, in motor vehicle distribution and franchise matters, such as buy-sell transactions and rights of first refusal, establishments and relocations, terminations, incentive programs, facility programs, sales performance standards, allocation practices, and warranty compensation practices.

Session 2: Franchise Legislation

David Bright: Senior Attorney, Alliance for Automotive Innovation

David has been with Auto Innovators since its inception in 2020.  He was previously at the Alliance of Automobile Manufacturers, where he began working in 2011.  David is the staff franchise attorney.  He provides legal and policy advice on issues relating to automobile distribution and warranty.  David also worked in government affairs for other associations before attending law school.  David earned his J.D. at George Mason University Antonin Scalia Law School where he was a member of the Civil Rights Law Journal, and he earned a B.A. from Duke University.  David is a member of the District of Columbia Bar.

Wayne Weikel: Vice President, Alliance for Automotive Innovation

Wayne has been with Auto Innovators since its inception in 2020 and was previously with the Alliance of Automobile Manufacturers since 2012.  In his role as Vice President of State Government Affairs, he oversees a team of 4 regional directors and a nationwide network of in-state lobbyists. Wayne leads the association’s engagement with governors, state legislators, and other advocacy/policy organizations on a diverse portfolio of public policy topics of interest to member companies.  Wayne formerly served as a board member of the OEM Collision Parts Roundtable, an auto industry group formed to advocate on behalf of consumer interests in post-accident vehicle repairs. 

Before moving to Washington, Wayne worked for 11 years in the Massachusetts State House, most recently as Chief of Staff and Policy Director of the House Committee on Ways and Means.  In this capacity Wayne was responsible for leading the development of the state’s $27 billion annual budget. Prior to that, Wayne spent time on the Joint Committee on Financial Services as Chief of Staff and Policy Director for current Speaker of the House, Ronald Mariano. In this role, Wayne was part of the negotiating team that produced Massachusetts’ landmark 2006 Health Reform law, and also led legislative efforts to deregulate the automobile insurance industry. 

Throughout the years, Wayne has been involved with countless political campaigns, including work at the local, state, Congressional, and Presidential levels.  Wayne received a Bachelor of Arts degree in Political Science and History from Bridgewater State University, in Massachusetts.  Wayne lives in D.C. with his wife, Kristy.

Session 3: Developments in Warranty

Lauren Deeb: Partner, Hogan Lovells

Lauren Deeb brings a wealth of experience to advise automotive and mobility companies on their toughest franchise and distribution issues.

She counsels manufacturers in franchise disputes in the domestic automotive and mobility sector and advises on the expanse of motor vehicle laws across the United States. Lauren also supports clients on franchise and distribution matters worldwide, particularly for clients in Europe. She is well-versed in key franchise law issues, including incentive programs, establishments, brand withdrawals, online sales, partnerships with third-party sellers, and more. A strategic commercial litigator, Lauren aggressively defends her automotive and mobility clients in federal and state courts, as well as alternative dispute resolution settings and mediation.

In addition to counseling motor vehicle manufacturers and distributors on their dealer networks, Lauren's experience includes general contract disputes, partnership disputes, fiduciary duty actions, merger and acquisition litigation, trade secret misappropriation, trademark litigation, regulatory and government work, and internal investigations. Lauren has also spent years building experience in electronic discovery and other document retention issues.

Ronnie McMahan: Partner, Nelson Mullins

Ronnie focuses his practice on franchise and distribution litigation, business litigation, and appellate practice, with an emphasis on motor vehicle manufacturer/distributor litigation and consulting. He has experience representing and counseling many automotive, heavy truck, powersports and equipment manufacturing and distributing entities.

Katherine Moskop: Counsel, Seyfarth Shaw

Katherine is passionate about finding creative ways to defend her clients' interests in franchise and antitrust litigation, and other complex commercial disputes.

Katherine counsels clients regarding a broad range of commercial disputes, regulatory and compliance concerns, and business relationships—with a special focus on franchise disputes and antitrust litigation. Companies that bring their products and services to market through a franchise distribution network are subject to a complex, evolving set of laws governing their relationships with franchisees and retail consumers. Clients turn to Katherine for help navigating such regulations, litigating and resolving regulatory and contract disputes with franchisees, and for practical solutions to the legal and strategic challenges presented by various franchise models when businesses seek to grow, consolidate, or improve their product distribution networks.

Matthew Singer: Partner, BFKN

Matt’s practice transcends litigation and transactions. In the course of counseling dozens of financial, motor vehicle, and manufacturing clients, he has served not only as a trial attorney, but also a regulatory advisor, strategic counselor, and lead negotiator. At the onset of engagement, Matt asks the question: “Where do you want to end up?” His client’s answer allows him to formulate and implement a tailor-made strategy that furthers the client’s objectives and protects its interests.

Matt has counseled, advised, and defended a broad spectrum of clients that include motor vehicle manufacturers, manufacturing corporations, and financial institution clients. In addition to his litigation practice, Matt routinely counsels and litigates regarding warranties and aftersales issues, including the warranty terms, compensation paid to its warranty work providers, audits associated with warranty work (and potential chargebacks of warranty claims inappropriately submitted and paid), and the manufacturer’s interactions with customers seeking warranty service.

Session 4: Data: Who, What, When, Where, & Why

 

Brandon Bigelow: Partner, Seyfarth Shaw

Brandon provides practical legal advice to manufacturers, suppliers, and franchisors about antitrust and distribution issues, and defends those companies when unavoidable disputes arise.

As a leader of Seyfarth's Antitrust & Competition practice group, Brandon counsels manufacturers and franchisors on compliance with federal and state antitrust laws, as well as industry-specific laws governing the manufacturer-dealer and franchisor-franchisee relationships. "The best way for clients to avoid litigation is for in-house and outside counsel to work together to assess legal risks and explain those risks to the business team using plain and direct language," Brandon says. But some litigation is unavoidable, and Brandon has substantial experience trying antitrust, franchise, and distribution cases for companies in venues across the country.

James Denvil: Partner, Hogan Lovells

Throughout the lifecycles of data-driven initiatives and offerings, James helps clients to identify, assess, and mitigate privacy and cybersecurity risks.  As a trusted advisor to clients in the automotive, consumer, technology, and financial sectors he assesses and helps shape emerging regulatory frameworks; he supports the development of practical compliance approaches that align with organizational objectives and cultures; he helps clients navigate the challenges raised by privacy and cybersecurity incidents; and he supports interactions with regulators and policymakers.

James has extensive experience advising companies and speaking on global solutions for insider threat programs and other enterprise concerns; the privacy issues associated with artificial intelligence (AI), connected vehicles, and highly automated systems; navigating the patchwork of global and US state privacy and breach notification laws; crossborder data transfers; digital marketing; and e-commerce.  He excels at providing clear assessments of risk and practical mitigation approaches to a range of audiences—from the C-Suite to frontline personnel.  And he has a track record of achieving favorable results when interacting with attorneys general, regulators, and other enforcement authorities.

Steven McFarland: Partner, Nelson Mullins

Steve focuses his practice in the areas of business litigation and franchise and distribution litigation. He has worked on business, franchise, and distribution matters for clients in a range of industries, including the banking, hotel, industrial coatings, and manufactured home industries. He also has experience handling matters in the area of automobile franchise litigation, including cases for motor vehicle, motorcycle, off-road vehicle, and heavy truck manufacturers arising from add points, relocations, terminations, warranty and incentive payments, allocations, and other aspects of the manufacturer-dealer relationship.

 

Jack Snyder: Partner, BFKN

Jack is a recognized litigator and trial attorney. He has an outstanding record of success in complex commercial disputes and is a trusted advisor and counselor to both his clients and his partners, respectively, in his client service work and his role as Assistant General Counsel of BFKN. Jack is a lawyer to whom clients and colleagues turn to for the toughest solutions.

Jack is a partner in the firm's Litigation and Motor Vehicle Groups. While focusing on manufacturer-dealer, landlord-tenant, and creditor-debtor disputes, Jack has a broad range of experience across the firm’s practice areas. Jack has tried cases both in court and in an administrative setting, argued dispositive motions in courts across the country, defended witnesses giving testimony in white-collar investigations, and managed cases from pre-litigation counseling through appeal.

Jack also negotiates and advises on dealer-manufacturer and regulatory disputes in the automotive franchise space across the country and is a regular source of strategic advice and regulatory counseling for automotive clients and clients in other industries.

Session 5: Data: Dealership Consolidation: What it Means for Franchise Practitioners

 

 

Sally Caver: Partner, Nelson Mullins

Sally serves as managing partner of the Columbia office and concentrates her practice in the areas of complex commercial contract negotiations, mergers and acquisitions, and general corporate matters. Sally has extensive experience representing manufacturers in the automotive industry, including drafting and negotiating supply agreements, strategic commercial agreements, joint ventures, and other contracts. She also advises clients with respect to franchise and distribution matters, including developing marketing representation policies and programs and other strategic legal issues.

Scott Golden: Partner, Hogan Lovells

When automotive manufacturers and distributors need counsel concerning state motor vehicle franchise laws and dealer matters, they turn to Scott Golden. Scott helps clients develop and implement sophisticated strategies to achieve business goals in the face of a challenging automotive regulatory environment.

Scott is known for his ability to analyze complex and difficult issues, identify risks, and come up with creative solutions to mitigate such risks and achieve the client's desired outcome.

Scott began his legal career as a bankruptcy attorney. His first foray into the automotive industry came during the economic crisis of 2007-2008, when he successfully represented clients in numerous dealer bankruptcies throughout the U.S. and advised clients regarding the GM and Chrysler bankruptcies. Shortly thereafter, as clients recognized that Scott had substantial transaction and courtroom skills that were applicable beyond bankruptcy, clients began seeking Scott's advice for non-bankruptcy dealer-related issues. As a result, Scott's work in the automotive industry quickly expanded beyond bankruptcy, and ultimately he became a full-time member of our automotive practice.

Today, Scott is a sought-after advisor to automotive clients. He understands that business goals are often impeded by the highly regulated environment of the U.S. automotive industry. Scott is a highly skilled negotiator and draftsman when it comes to complicated transactions, and he excels at navigating the complex regulatory environment and finding effective solutions to help his clients.

John Skelton: Partner, Seyfarth Shaw

John helps his franchise and distribution clients achieve their strategic goals as they develop and manage their franchise and dealer networks.

Today's manufacturers, distributors, and franchisors operate in a rapidly changing environment driven by unprecedented technological change and governed by inconsistent federal, state, and local laws and regulations. Clients look to John to help them resolve systemwide challenges as they develop and manage their networks and litigate complex disputes with franchisees and dealers.

Since the early 1990s, John has worked with clients in the automobile, restaurant, hospitality, and bedding industries, developing a deep knowledge and understanding of those industries, and the complex web of federal and state laws and regulations governing his clients’ distribution networks. John knows his clients' business, people, and agreements—something he believes is essential to being able to resolve disputes and develop effective business strategies. John especially enjoys working with some of the largest, most sophisticated automotive manufacturer and distribution clients, and relishes the daily challenge of anticipating the emerging trends and issues facing clients in one of the most heavily regulated franchise industries. 

Steve Yatvin: Partner, BFKN

Clients are not in the business of litigation, which is why in his over 25 years of practice, Steve has developed an approach that is more akin to a business counselor who helps clients favorably resolve disputes and, when necessary, will take a tough case to trial.

Steve’s clients know he will bring creative solutions to help them avoid disputes, counsel them on the risks and potential benefits of litigation when a dispute is unavoidable, and maintain the kind of professional relationship with opposing counsel necessary to get a business deal done when the opportunity strikes. And when a deal cannot get done on acceptable terms, Steve applies his trial experience to give his clients the best shot at prevailing at trial.

Much of Steve’s work has been in the auto industry, where he represents manufacturers in dealer disputes. Through his litigation and trial work for manufacturers, Steve has learned the lessons necessary to be an effective business counselor who advises manufacturers in connection with a range of dealer network initiatives.

Steve also knows litigation is often unpredictable, and it is critical for clients to understand the process, the risks, and the potential outcomes. He accordingly draws on his litigation and trial experience to effectively advise clients throughout the process, helping them balance the risks in deciding when and how to resolve a case.

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