Troutman Pepper’s Post

“Speaking of unpleasantries, here’s another dreaded phrase which involves dealerships all too often.” The Litigation Hold. What it is. Why its important. Which elements of a dealership’s operations should be considered in terms of a potential litigation hold. And, perhaps the most crucial: preventative measures you can take right now. Check out Tom Kline ☎🐙’s latest article here: https://lnkd.in/dQMkz8bs #DMMExpertContent #DealershipCompliance #LitigationHold

In our most recent #autosupplier blog, Timothy Smith provides an overview of the Higuchi case. This case raises the issue of whether the term "requirements" is clear enough to establish a binding requirements contract under the statute of frauds in the UCC for the U.S. Court of Appeals for the Sixth Circuit. Tim discusses the potential impact of this case on suppliers and their contracts in the automotive supply industry. Check it out in the link below ⬇️.

Every business should be implementing scaleable compliance training within their onboarding modules and internal audits evaluating cybersecurity /financial complainace practices…

Five years ago, the SEC charged Volkswagen with fraud, which the company disputed and later assured shareholders it would contest the charges. Fast forward to last month, the SEC and Volkswagen jointly told the court that the company has agreed to pay $48 million to settle all charges. What changed? Well, like other companies that seek peace with the SEC, the agency effectively told Volkswagen to stay silent, or the deal’s off. So, what exactly doesn't the SEC want Volkswagen shareholders to know? Because of the SEC's unlawful Gag Rule, we’ll never know—nor will Volkswagen shareholders. Read more in NCLA's Russ Ryan's recent opinion piece in The Hill: https://lnkd.in/gKyMvKPv

Navigating Chapter 7 bankruptcy requires specialized support. Learn how our professionals helped a used car dealership wind down operations in this case study: https://bdo-usa.co/4c1rrBH #FinancialInstitutions #BusinessStrategy

News of the FTC’s stay of the CARS Rule broke while we were in DC for the WANADA Public Policy Day. Fortunately, we had Jim Ganther, CEO of Mosaic Compliance Solutions, to help us break it all down. Show Notes with links: https://lnkd.in/eKecsusg The FTC's CARS Rule, aimed at regulating auto dealership practices, hits a roadblock as the U.S. appeals court reviews challenges from major auto dealer associations. FTC postpones CARS Rule enforcement pending 5th U.S. Circuit Court of Appeals decision, following petitions from NADA and Texas Automobile Dealers Association. The Rule, initially set for July 30, targets dealership advertising and finance/insurance practices, but faced industry backlash for perceived operational impacts. FTC criticized the challenge as meritless, citing potential consumer harm and industry dishonesty due to delays, but acknowledges the current legal uncertainties. NADA supports legislative efforts to impede the Rule and commits to educating dealers about compliance, despite the postponement. "We’re very pleased with that result,” Paul Metrey, NADA's EVP of public policy, expressed.

For my money, "right to repair" is one of the most interesting issues in competition/consumer protection today, and as cars and other consumer products become increasingly software- and data-driven, these issues will become even more salient. My colleague Ishita Rajani's panel, summarized below, was an excellent introduction to the topic.

Practicing white collar lawyers, corporate GCs, and anyone running a business that might be called upon to respond to a federal grand jury subpoena (basically any entity) should pay close attention to this case. You should assume anything you produce to the government can and will become public. Eight years ago, VW produced millions of documents to a grand jury in connection with the emissions scandal investigation. DOJ found the evidence meaningful and VW’s cooperation worth a substantial reduction in its corporate sentence, entered following a guilty plea. A professor then filed a FOIA request to find out just what was so valuable in those documents. And, in what appears to be a first, a federal judge has ordered DOJ to disclose in the FOIA litigation potentially a million documents previously produced under the veil of grand jury secrecy. Regardless of what you think of FOIA’s application, whether the documents are agency records, or how Rule 6 applies to documents of investigation subjects, the bottom line is that anyone producing documents should understand they lose control over those records and what is done with them. And you should assume there is risk that, by trial or by FOIA request, they become public.

Combating. Auto. Retail. Scams. = The new complex FTC CARS rule, which was slated to be effective this July, but pending litigation will likely delay. Check out the details here; https://lnkd.in/enTT4pZu

Auto dealers challenge FTC's new regulations in court, calling them 'arbitrary and an abuse of discretion'. The rules aim to protect consumers from misleading ads and hidden costs. HERE https://bit.ly/44aESeI #ConsumerProtection #FTC #AutoIndustry #glenviewfinance #subprimefinance #usedcardealer #autofinance #creditbuilder #independentdealer