Burr & Forman is proud of its continuing role as a leader in the dynamic growth of the automotive industry in the Southeast.
Lee Thuston was Alabama Counsel for the negotiations that brought Mercedes-Benz to Alabama in 1993. Since then, we have helped Mercedes-Benz, Honda, Hyundai, Kia and numerous Tier 1 and Tier 2 automotive suppliers with their start-up operations and then with general operations. Our automotive clients represent over $5 billion of capital investment and more than 10,000 new jobs created in the Southeast.
Our Automotive Group members are experienced in the areas of corporate governance and business organizations, site selection, incentives, state and local taxation, construction law, labor and employment law, MRO contract drafting and negotiation, governmental relations, real estate, employee benefits, environmental law, litigation, creditor’s rights and distressed supplier issues and other legal areas affecting business in the automotive industry.
In addition to our work for automotive manufacturers and suppliers, we assist automotive dealerships throughout the South with the sale and purchase of dealers, litigation, labor and employment issues and succession planning.
The legal service areas for our Automotive Industry Group include:
- Site selection and negotiation and implementation of tax and non-tax incentives for OEMs and automotive suppliers
- Corporate governance, choice of entity and tax structure matters
- Advising our OEM and automotive supplier clients of state and local tax pitfalls before they occur
- Negotiating project manager/general contractor agreements, overseeing the bidding process, negotiation of contractor packages and resolving change order pay request disputes
- Negotiating and drafting MRO and other automotive supply agreements
- Providing legal and practical assistance to OEMs, Tier I suppliers, and below when a sole source supplier with just in time delivery or a tool and die maker threatens supply lines due to its financial condition, bankruptcy, hold-up bargaining, or contract negotiations
- Our environmental group advises and assists clients on matters relating to permit requirements and related regulatory compliance
- Our litigators have an in-depth knowledge of the automotive industry that is invaluable when the need to bring a lawsuit or provide a defense arises
Dealerships
We counsel dealerships throughout the country regarding the planning, documentation, and execution of a wide variety of legal concerns ranging from acquisitions and franchising to employment issues and succession planning. Examples of our services to automobile dealerships include:
- We handle acquisitions and sales of dealerships including public corporations and small private dealers
- We advise dealers in the documentation of sales, customer claims, and hiring practices
- We advise dealers in tax and estate planning and “successor dealer planning”
- We negotiate franchise agreements and handle litigation involved in franchise agreements
- We create buy/sell agreements for stockholders
- We conduct seminars for dealers on labor and employment issues, such as avoiding claims of sexual harassment and other potential discrimination issues
- We prepare customized documents for sales and employment related issues
- We handle disputes with manufacturers regarding the creation or relocation of new points (dealers)
- We represent dealers in litigation with consumers over financing and other issues
