Automotive/ Transportation

Overview

Weston Hurd attorneys serve as legal advisors to the transportation and other vehicle industries specifically automobile, RV, boat and motorcycle dealers and other businesses. Counsel is provided in areas such as: advertising/cyberspace, aftermarket products/services, consumer litigation, corporate acquisitions and divestitures, dealer relocations, employment issues, finance, franchisor-franchisee disputes, governmental compliance and regulatory issues, insurance, social media, warranty audits, and working capital and floor plan issues. The attorneys in the transportation/auto dealerships group advise clients on both business and litigation matters and have handled complex and class action litigation for clients.

Representation has included:

• A franchisee in disputes with franchisees.
• Businesses and individuals in Ohio Consumer Sales Practices Act cases involving unfair sales practices.
• Multiple businesses and manufacturers in defending against civil allegations of negligence, breach of contract, and breach of warranty cases.
• Successfully opposed class-action certification in an action for fraud and alleged violations of the Ohio Consumer Sales Practices Act and the Federal Truth in Lending Act arising from plaintiff’s purchases of used motor vehicles.  Also obtained dismissal of the underlying action on the merits.
• Obtained a directed verdict for an automobile dealership and manufacturer on plaintiff’s claim for breach of express warranties, deceptive trade practices, fraud and negligence, and successfully defended that judgment on appeal.
• Clients in the acquisition of and divestiture of franchises/businesses to a third party or relinquishing same to the franchisor and creating the documents to achieve the desired result.
• Negotiating the purchase and sale of businesses including but not limited to asset or stock sales/acquisitions, negotiating and obtaining financing regarding same, negotiating the real estate acquisition for the sale or purchase and negotiating the regulatory compliance for the acquisition, merger or divestiture.

The group produces an e-newsletter, “You Auto Know,” which discusses current legal topics of interest to the automotive/transportation industries.  Some of the newsletter topics have included: disclosures, intelligent cars, manufacturer recalls, advertising compliance, responding to subpoenas, FTC investigations and Form 8300, misappropriated confidential documents, and money laundering.