Skip to Main Content

Experience

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.

  • Litigated matters involving all manner of dealer disputes, including add-points, relocations, terminations, warranty reimbursement demands, allocation challenges, and incentives and other chargebacks
  • Developed, implemented and provided ongoing support for nationwide dealer performance programs, including assessing, measuring and enforcing both sales performance and parts/service performance
  • Developed efficient and highly effective strategies for clients to defend mass torts, class actions, and serial litigation
  • Nelson Mullins trial lawyers have tried 
    • hundreds of catastrophic injury and wrongful death cases to verdict in venues around the country
    • Publicly-owned dealerships, large dealer groups and framework agreements
    • dozens of warranty cases, including many with important fraud allegations, in challenging jurisdictions where potential exposure is significant
  • Successfully handled many lawsuits involving the Song-Beverly Consumer Warranty Act, the Consumer Legal Remedies Act, fraud, concealment, and false advertising claims
  • Guided clients through all aspects of product recalls and government investigations
  • Provided advice and counseling to both legal and business leadership regarding strategic operational and dealer network issues including:
    • Dealer performance
    • Publicly owned dealerships, large dealer groups and framework agreements
    • Allocation and distribution of new vehicles, genuine parts and other goods and services
    • Sales incentives, leasing and financing programs, and other manufacturer support
    • Advertising co-op programs, dealer advertising associations, and other Tier 1, Tier 2, and Tier 3 programs
    • New vehicle launches
    • Electric, hydrogen and other alternative propulsion vehivle distribution
    • Certified used vehicle programs
    • Pricing, vehicle margin, holdback, bonuses, and other price-related issues
    • Service marketing and parts marketing programs
    • Review of buy-sell, ownership, management, succession and other dealer due-diligence packages
    • Dealership image, branding, signage, and other facility improvement programs
  • Drafted, revised, and executed rollout of national dealer sales and service agreements
  • Provided advice and counseling on counterfeit and gray market product issues and litigated claims against unauthorized gray market distributors

Our full-service practice covers vehicles of all types, including: 

  • Aircraft
  • Ambulances
  • ATVs
  • Automobiles
  • Boats
  • Buses
  • E-Bikes
  • Farm and Construction Equipment
  • Heavy trucks
  • Mopeds
  • Motorcycles
  • Multi-Utility Vehicles
  • Personal Watercraft
  • Scooters
  • Side-by-Sides

Franchise and Distribution Issues

Nelson Mullins has significant experience working with manufacturers and distributors on all manner of franchise and distribution issues.  This experience starts with providing our clients legal advice regarding the multitude of federal and state laws impacting important aspects of the distribution of motor vehicles in the United States, always geared toward practical and innovative solutions that help our clients achieve their important business objectives.  This includes advising manufacturers and distributors that are in the process of launching new products, such as connected, autonomous electric and other alternative propulsion vehicles, or exploring other strategies to stay ahead in this rapidly evolving industry.  Clients also turn to Nelson Mullins to represent them in disputes and litigation matters related to these same franchise and distribution issues, including open points, relocations, terminations, warranty and incentive claims, allocation disputes, and much more.  Our automotive group has the knowledge and experience to assist in the full array of legal issues confronting manufacturers and distributors.

Products Liability and Warranty

Our nationally recognized products liability and warranty teams are highly respected and well known for obtaining defense verdicts and successful outcomes in important individual cases, nationwide class actions, and multidistrict litigation. Working as an extension of our clients’ in-house legal departments, Nelson Mullins has the experience to handle high-stakes products liability or warranty matters in any jurisdiction in the country.  Our trial lawyers have tried many cases to verdict and defended our clients in a wide array of products-related matters, catastrophic injury and wrongful death lawsuits, fraud actions, warranty and lemon law claims, and other product defect claims.  

Class Actions

Nelson Mullins litigators have extensive experience in defending class actions and mass torts, including serving as lead counsel in MDLs and national class action counsel in matters involving high-stakes litigation. Based on our combined and cumulative industry knowledge, our automotive group has unparalleled insight and background to address issues specific to legal actions involving motor vehicles. We are exceptionally well-versed in developing high-level strategies for bringing challenging mass litigation to a successful resolution that addresses not only our clients’ immediate legal issues, but also their ongoing business concerns.

Regulatory and Compliance

Nelson Mullins routinely advises clients on the extensive regulatory and compliance issues facing the automotive industry at the federal and state level. Our deep experience includes counseling clients on their legal obligations under the Motor Vehicle Safety Act and working to maintain a positive relationship with the federal regulator, the National Highway Traffic and Safety Administration (NHTSA).  Our attorneys advise vehicle manufacturers and suppliers on a wide range of issues subject to NHTSA oversight including vehicle certification, defects and compliance analyses, autonomous vehicles and advanced technologies, regulatory reporting requirements and vehicle import exemptions. At the state level, our team also has significant experience working with state motor vehicle boards, commissions, and other agencies that regulate motor vehicle manufacturers, distributors, and other industry participants.

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.

  • Litigated matters involving all manner of dealer disputes, including add-points, relocations, terminations, warranty reimbursement demands, allocation challenges, and incentives and other chargebacks
  • Developed, implemented and provided ongoing support for nationwide dealer performance programs, including assessing, measuring and enforcing both sales performance and parts/service performance
  • Developed efficient and highly effective strategies for clients to defend mass torts, class actions, and serial litigation
  • Nelson Mullins trial lawyers have tried 
    • hundreds of catastrophic injury and wrongful death cases to verdict in venues around the country
    • Publicly-owned dealerships, large dealer groups and framework agreements
    • dozens of warranty cases, including many with important fraud allegations, in challenging jurisdictions where potential exposure is significant
  • Successfully handled many lawsuits involving the Song-Beverly Consumer Warranty Act, the Consumer Legal Remedies Act, fraud, concealment, and false advertising claims
  • Guided clients through all aspects of product recalls and government investigations
  • Provided advice and counseling to both legal and business leadership regarding strategic operational and dealer network issues including:
    • Dealer performance
    • Publicly owned dealerships, large dealer groups and framework agreements
    • Allocation and distribution of new vehicles, genuine parts and other goods and services
    • Sales incentives, leasing and financing programs, and other manufacturer support
    • Advertising co-op programs, dealer advertising associations, and other Tier 1, Tier 2, and Tier 3 programs
    • New vehicle launches
    • Electric, hydrogen and other alternative propulsion vehivle distribution
    • Certified used vehicle programs
    • Pricing, vehicle margin, holdback, bonuses, and other price-related issues
    • Service marketing and parts marketing programs
    • Review of buy-sell, ownership, management, succession and other dealer due-diligence packages
    • Dealership image, branding, signage, and other facility improvement programs
  • Drafted, revised, and executed rollout of national dealer sales and service agreements
  • Provided advice and counseling on counterfeit and gray market product issues and litigated claims against unauthorized gray market distributors
  • Dedicated automotive group of more than 100 attorneys
  • Nationwide practice with office locations across the country that can handle your legal needs from coast-to-coast
  • Full-service automotive law group with experience handling virtually every type of legal issue for manufacturers and distributors of virtually every type of motor vehicle
  • Subject matter experts with a deep understanding of the industry and business needs of manufacturers and distributors
  • Multiple former in-house attorneys at leading automotive companies and suppliers