Automotive Retail
Stewart & Irwin's dealer law department has expertise in dealer legal issues from "cradle to grave". Stewart & Irwin's all-purpose dealer practice group is among the largest in the country exclusively representing dealers, and has gained a regional reputation for excellence through its over 38 years representing hundreds of automobile, truck, implement, motorcycle, equipment and watercraft dealers in all aspects of law. We have been instrumental in drafting laws protecting dealers and their franchises. Our attorneys also litigate in the interest of dealers in consumer, manufacturer and employment cases. The attorneys of Stewart & Irwin have worked representing dealers in adverse situations against manufacturers with regard to all aspects of franchise agreements and disputes thereunder. Additionally, the attorneys of Stewart & Irwin have worked with various manufacturers to achieve maximum benefit for dealers in acquisition and divestitures, channeling or other point combination activities. Our knowledge of the area allows us to maximize dealer return, working against or with the factory.
We represent or have represented various regional, state and local trade associations, including the Automobile Dealers Association of Indiana, the Mid-America Equipment Retailers Association, the Indianapolis Auto Trade Association, the Indiana Independent Auto Dealers Association, the Auto Trade Acceptance Company and other affiliated and local associations.
Dispute Resolution
Where necessary, the lawyers in our dealer group have successfully negotiated, litigated or arbitrated against manufacturers involving disputes under franchise agreements. These include, but are not limited to, relocation issues, ad point issues, discriminatory treatment of similarly-situated dealers, market area issues, terminations, facilities issues including appropriate design, location, fixed asset requirements, etc., consolidations, dealership mergers, acquisitions and sales.
Buying and Selling Dealerships
Our dealer lawyers can assist both buying and selling dealers in working through the challenging transaction from the beginning stage of trying to plan the best tax strategy and establishing a value, through negotiation of the transaction, documentation of the transaction, factory financial assistance, if available, to due diligence, factory application and closing the transaction. We work closely with local financial consultants or have access to accountants and valuation experts that can assist with any aspect of the transaction.
Succession Planning
We have assisted dealers throughout the years with factory succession planning, as well as the dealer's own personal estate and succession planning, assisting in establishing the framework, documentation of the strategy and the ultimate implementation of the strategy so as to maximize the benefit to the dealer and their successors and heirs and minimize the tax consequences of the process.
Litigation
When necessary, we have litigated on behalf of clients with manufacturers over various franchise issues. These include relocations, ad points, terminations and other issues in the dealer - manufacturer relationship. We should be clear about our philosophy of litigation: because of the cost involved to the dealer or groups of dealers, we believe that litigation should be used as a last resort. We do not believe in suing first and asking questions later. We assist our clients in making every attempt to negotiate within the resolution process provided by the franchise agreement or state law. There are times, however, when the rights of dealers can only be best served by litigating. Unlike some other firms, we evaluate every potential litigation carefully to try to select the issues and frame the litigation so as to have the best possible chance of prevailing.
Class Action Litigations
We have pursued class actions on behalf of groups of dealers from local to state-wide line makes on issues involving wide applicability that can only be serviced best and the interests of the dealers protected to the greatest degree by class action litigation. We have attorneys that specialize in class action litigation and have achieved significant results for large dealer bodies through the class action process.
Employment
We have represented scores of dealerships targeted with discrimination claims by individuals and federal and state agencies both in federal court and administrative proceedings. Most of these charges are frivolous and with good representation and proper documentation, they can be defeated early at the administrative level. Our attorneys are trained to assist dealers in knowing how best to keep appropriate records and prepare for the defense of employment claims.
Wage/Hours Issues
For over 38 years, our lawyers have assisted dealers in defending wage/hour claims whether brought by the U.S. Department of Labor via audit, or by individual employees. We have defended dealers from class actions involving wage/hour issues. We also provide training and assistance for dealerships in implementation of appropriate Fair Labor Standards Act policies and procedures in this very intricate and complex area.
OSHA
Since the passage of the Federal Occupational Safety and Health Act (OSHA), the lawyers of Stewart & Irwin have represented dealers in OSHA compliance and dispute resolution, both in court and before administrative agencies. We provide on-site training and education as part of an overall "preventive maintenance" program.
Union Avoidance and Representation
Ron Smith became originally involved with dealer groups over 38 years ago in a Teamster-organizing drive. Since that time, the lawyers of Stewart & Irwin have successfully represented dealerships in resisting unionization. Not one of the dealers represented by the lawyers of Stewart & Irwin is unionized today. Stewart & Irwin also presents union avoidance training programs for trade associations and dealer groups.
Preventive Maintenance
We have found over the years that the best defense is training and education. To that end, we have presented hundreds of workshops on different, significant dealer topics to various trade groups and on behalf of various trade associations. Our attorneys are equipped to speak on virtually any topic facing dealerships today. Current topics of interest are presented in our quarterly newsletter, High Beams, and we stand ready to assist any trade group in the presentation of a fast, hard-hitting topical program.
For general advice on any dealer legal question, including franchise, consumer and transactional, or employment matters where the response requires a specific answer under state law, we belong to a network of state lawyers that can assist in representation. For representation in any jurisdiction in which a lawyer of Stewart & Irwin is not admitted to practice, we will access our network of state lawyers for appropriate assistance, while maintaining control of the case on behalf of the dealer.
Of course, this website does not create an attorney-client relationship or protect any confidential information until formal contact is made with one of our attorneys on a legal issue.
