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Kevin M. Colton

Kevin M. Colton

Partner

Pacific Gateway
19191 South Vermont Avenue
Suite 900
Torrance, CA 90502
kevin.colton@nelsonmullins.com

Kevin has practiced exclusively in the automotive industry for more than 35 years, primarily in the area of motor vehicle franchise and distribution. His experience is concentrated in counseling motor vehicle manufacturers and distributors on issues relating to the infrastructure of their nationwide sales, service, and distribution networks. In this capacity, Kevin has advised leading...

Kevin has practiced exclusively in the automotive industry for more than 35 years, primarily in the area of motor vehicle franchise and distribution. His experience is concentrated in counseling motor vehicle manufacturers and distributors on issues relating to the infrastructure of their nationwide sales, service, and distribution networks. In this capacity, Kevin has advised leading automotive original equipment manufacturers (OEMs) on thousands of motor vehicle dealer transactions and regularly advises clients on developing dealer agreements, policies, procedures, and practices to address a variety of dealer network issues including complex dealer ownership structures, management, capital, and facilities.

Kevin's representation of North America's major motor vehicle, motorsports, heavy truck, and equipment OEMs goes beyond advancing and representing clients' interests in relation to dealer agreements, dealership structures, and transactions and includes working with clients to develop and improve their dealer due diligence practices and agreement documentation and providing national advice on their dealer network strategy and plans. Kevin also routinely provides training for OEM business clients and field teams on dealer network best practices. With 20 years of experience responsible for dealer network issues in-house at Nissan North America and his years of engagements supporting OEM Legal Departments as “Outside/In-House Counsel,” Kevin understands the need to achieve his clients' business objectives in a timely and cost–effective manner and has developed creative strategies to minimize client risk while achieving the optimal business results in a heavily regulated environment.

In addition, Kevin has advised multiple new OEMs on their U.S. launches and is a recognized expert in advising both start-up and mature OEM’s on alternative business models including new line-makes, direct sales, on-line sales, out-of-state sales, gallery displays, service network solutions, licensing and other regulatory issues. Kevin was one of the attorneys involved in the first successful launch of a start-up OEM utilizing solely a direct sales and service model in the U.S. and has been engaged to represent many start-up OEM’s since that time.

Kevin M. Colton

automotive original equipment manufacturers (OEMs) on thousands of motor vehicle dealer transactions and regularly advises clients on developing dealer agreements, policies, procedures, and practices to address a variety of dealer network issues including complex dealer ownership structures, management, capital, and facilities.

Kevin's representation of North America's major motor vehicle, motorsports, heavy truck, and equipment OEMs goes beyond advancing and representing clients' interests in relation to dealer agreements, dealership structures, and transactions and includes working with clients to develop and improve their dealer due diligence practices and agreement documentation and providing national advice on their dealer network strategy and plans. Kevin also routinely provides training for OEM business clients and field teams on dealer network best practices. With 20 years of experience responsible for dealer network issues in-house at Nissan North America and his years of engagements supporting OEM Legal Departments as “Outside/In-House Counsel,” Kevin understands the need to achieve his clients' business objectives in a timely and cost–effective manner and has developed creative strategies to minimize client risk while achieving the optimal business results in a heavily regulated environment.

In addition, Kevin has advised multiple new OEMs on their U.S. launches and is a recognized expert in advising both start-up and mature OEM’s on alternative business models including new line-makes, direct sales, on-line sales, out-of-state sales, gallery displays, service network solutions, licensing and other regulatory issues. Kevin was one of the attorneys involved in the first successful launch of a start-up OEM utilizing solely a direct sales and service model in the U.S. and has been engaged to represent many start-up OEM’s since that time.

Kevin has practiced exclusively in the automotive industry for more than 35 years, primarily in the area of motor vehicle franchise and distribution. His experience is concentrated in counseling motor vehicle manufacturers and distributors on issues relating to the infrastructure of their nationwide sales, service, and distribution networks. In this capacity, Kevin has advised leading... automotive original equipment manufacturers (OEMs) on thousands of motor vehicle dealer transactions and regularly advises clients on developing dealer agreements, policies, procedures, and practices to address a variety of dealer network issues including complex dealer ownership structures, management, capital, and facilities.

Kevin's representation of North America's major motor vehicle, motorsports, heavy truck, and equipment OEMs goes beyond advancing and representing clients' interests in relation to dealer agreements, dealership structures, and transactions and includes working with clients to develop and improve their dealer due diligence practices and agreement documentation and providing national advice on their dealer network strategy and plans. Kevin also routinely provides training for OEM business clients and field teams on dealer network best practices. With 20 years of experience responsible for dealer network issues in-house at Nissan North America and his years of engagements supporting OEM Legal Departments as “Outside/In-House Counsel,” Kevin understands the need to achieve his clients' business objectives in a timely and cost–effective manner and has developed creative strategies to minimize client risk while achieving the optimal business results in a heavily regulated environment.

In addition, Kevin has advised multiple new OEMs on their U.S. launches and is a recognized expert in advising both start-up and mature OEM’s on alternative business models including new line-makes, direct sales, on-line sales, out-of-state sales, gallery displays, service network solutions, licensing and other regulatory issues. Kevin was one of the attorneys involved in the first successful launch of a start-up OEM utilizing solely a direct sales and service model in the U.S. and has been engaged to represent many start-up OEM’s since that time.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Represented a major automotive OEM in the establishment of a new dealer in the Oklahoma City market, achieving a unanimous result in favor of the OEM and denying the protest filed by an existing dealer in market
  • Advised a major new OEM of all electric vehicles on establishment of its alternative retail distribution model including development of business model strategy, negotiations with state industry regulators nationwide, defense of litigation filed challenging the OEM's model, and legislative efforts
  • Drafted dealer network policies for a major heavy truck OEM and advised OEM's network operations team in implementing best practices for dealer network documents and procedures
  • Advised a new Europe–based OEM on all aspects of its U.S. entry, including development of letters of intent, dealer agreement, policies and procedures, appointment of dealers, and licensing issues
  • Advised a major automotive OEM in addressing issues raised by new dealership structures, including investment in dealerships by Private Equity Groups, in development of policies, practices, strategies, and agreements to address issues raised
  • Advised a major OEM in relation to a merger with another OEM, combination of products, and rationalization of dealer networks

Previous Professional Experience

  • Partner, motor vehicle franchise and distribution team, California office of a national law firm
  • Senior Market Representation Counsel, Nissan North America

Education

  • University of California Los Angeles School of Law, JD (1980)
  • University of California, Santa Barbara, BA (1977)

Admissions

  • California
  • U.S. District Court for the Central District of California
  • U.S. Court of Appeals for the Ninth Circuit

Practice Areas

Industries

  • American Bar Association
  • California State Bar Association