Car Dealer Lawyer

Last week I attended the American Bar Association’s annual meeting in New York.  Here’s a summary of what I learned:

1. Wage and hour cases will continue to be an issue for dealerships.  Plaintiffs’ attorneys love these cases because violations are easy to prove and they can get attorneys’ fees.  One attorney bragged that a $600 case netted over $20,000 in attorneys’ fees.  Another said that she made sure to probe all of her clients for wage and hour issues, even if they come to her for discrimination claims.  They also said that they target smaller companies without human resources managers.
2.  Immigration laws are basically like playing Russian Roulette.  To the government, immigration cases are a matter of national security, so they will spend whatever it takes to win.  If you are unlucky enough to show up on the government’s immigration radar, then they will spend whatever it takes to bring you down.  But it seems like the enforcement is really spotty.  It seems to me that the government goes after companies that will make good headlines.
3. Electronic discovery continues to be at the top of everyone’s mind.  Dealers need to have a plan to preserve their electronic files in case they are sued.  The electronic discovery rules have been out long enough that the judges don’t have a sense of humor when parties accidentally delete their electronic files – such as e-mail.  This is an area where having a plan in place could make a big difference.
4. The rules regarding electronic marketing are evolving rapidly as the government attempts to balance privacy interests with commercial interests.  

I will cover all of these topics in more detail in later posts.  Also, if you have not visited New York City lately, you really need to put it on your agenda.  What a great place!  The neighborhoods, the restaurants, the theater, etc. – there is just so much to do!  At least plan a long weekend there.  You won’t be sorry.