Flaster/Greenberg's
Automotive Practice Group adds value to automotive and truck dealerships by
providing focused legal services from attorneys with diverse backgrounds and
practices who work with and understand this unique industry. Our knowledge of the
automotive and truck dealership industry provides value and good business
sense.
We help clients achieve
their goals by addressing the issues and concerns that impact automotive and truck
dealerships, with solutions as varied and complex as the dealerships
themselves. Our knowledge of government regulations and extensive business
experience help shape winning strategies when dealing with land use, zoning,
environmental issues, employment and labor law, business and tax planning, and
dealer/manufacturer relationships.
Unique in the region,
Flaster/Greenberg is a multi-disciplinary mid-sized law firm capable of assembling
an experienced team from a comprehensive range of practice areas. We can
identify problems and opportunities associated with automotive and truck
dealerships, and provide the perspective and experience needed to pursue
prudent courses of action.
WE REPRESENT
AUTOMOTIVE AND TRUCK DEALERSHIPS WITH RESPECT TO:
Commercial Litigation
- Fraud litigation,
contract disputes, lemon law claims, theft of trade secrets, and floor plan financing disputes.
- Claims against
manufacturers and third-party vendors, insurance coverage disputes, franchise disputes,
employee claims, and most other forms of commercial disputes.
Consumer Affairs
- Advertising issues and
consumer regulations.
- Complaints lodged by
state agencies and consumers.
Corporate and Tax
- Everyday business
issues and concerns.
- Buying and selling
dealerships and franchises.
- Negotiating, drafting,
and closing buy-sell agreements with careful attention to tax consequences.
- Tax disputes with the
IRS and state tax authorities.
Employee Benefits/Executive Compensation
- Designing and
implementing compensation programs, including programs in connection with succession
planning and business sales.
- Proper design and
administration of 401(k) plans, union pension plans, welfare and cafeteria plans, and fringe
benefit arrangements.
- Permissible methods
for investing retirement plan assets in alternative investments, such as private businesses and
real estate projects.
Environmental
- Coordinating Phase I
Environmental Assessments and providing guidance concerning the appropriate scope of
such assessments.
- Addressing
environmental issues related to body shop operations, underground storage tanks, and in ground
lifts.
Estate, Succession and Asset Protection Planning
- Estate planning and
asset protection planning.
- Effective means to
preserve wealth and transfer of property in a tax efficient manner.
Financial Restructuring
- Negotiating financing
arrangements with creditors and banks, including trade creditors, and floor plan
financing.
Franchise
- Franchise actions with
various state agencies.
- Filing protests
alleging wrongful termination by the manufacturer.
Labor and Employment
- Day-to-day labor
relations and employment law issues, including: wage and hour compliance; hiring and
firing; and compliance with federal and state anti-discrimination laws.
- Defending claims of
wrongful termination and discrimination.
- Enforcing business
interests of dealerships when threatened by violations of noncompetition, non-solicitation,
confidentiality, and other employment agreements.
- Providing on-site
training for managers and supervisors in appropriate interview techniques, employee reviews, and
disciplinary procedures.
- Preparing and
reviewing employee manuals, handbooks, employment applications, termination letters,
and other employment related documents.
- Developing and
implementing proactive labor relations strategies, to assist dealerships in remaining union free
and to aid unionized companies in negotiating favorable contracts, and resolving
grievances and arbitrations.
Real Estate, Land Use and Zoning
- Preparing and
negotiating real estate, purchasing, selling, and leasing agreements.
- Obtaining approvals
and modifications from Municipal, County, and State agencies (including NJDOT,
NJDEP and Pinelands) for new and existing sites, buildings, and signage.
- Construction contracts
and construction dispute resolutions, including litigation.
Trademark
- Selecting, clearing,
and registering trademarks, trade names, and service marks, including dealership names and
slogans.
- Brand selection,
protection, and enforcement.
- Expanding and
strengthening intellectual property rights.