Chair: William N. Ivers

The Auto Dealer Legal Services Group at HARRISON & MOBERLY, LLP represents and helps Indiana Auto Dealers take care of their business interests. The Chair of this legal group is William N. Ivers. Bill has nineteen (19) years of experience representing dealers throughout the State of Indiana. Bill has served dealers in all facets of automotive and franchise law. The Harrison & Moberly Auto Dealer Legal Services Group will also draw upon the years and experience of a team of lawyers. The team includes practitioners who have dealt extensively with the multitude of legal issues auto dealers encounter. Our team approach provides our Auto Dealer clients with prompt, quality services at competitive rates and value throughout the State. The specific legal and business areas covered by the team include the following areas:

Franchise Issues

The main asset and Crown Jewel of your business is your franchise agreement. The Auto Dealer Legal Services Group is familiar with franchise law rules and rights. Manufacturers are constantly changing their demands and initiatives imposed on you. Sometimes these demands violate the rights you have under State and Federal law with respect to your Sales and Service Agreements. The manufacturer’s initiatives and demands can also implicate other legal issues. Whether it is the Indiana Dealer Rights Act; the Federal Dealer Day in Court Act, or another statute the Auto Dealer Legal Services Group is here to advise you and, when necessary, to litigate such issues for your dealership.

Sale and Purchase of Dealerships

We can assist with the terms of purchase and sale whether it is an asset or stock transaction. We can also counsel you regarding the transfer or assignment and assumption of vendor agreements, security agreements, consignment sales agreements and distributorship agreements. Finally, we will review and provide advice on manufacturer sales and service agreements, will assist with due diligence concerns and will provide suggestions on dealership valuation issues.

Employment Law and Litigation

The employment arena also is covered by our team. We handle discrimination issues in federal and state courts and also before agencies such as the EEOC. We can defend your dealership against wrongful termination claims. We also can draft employment agreements, non-competes, confidentiality agreements, severance agreements and employment policies and procedures. The team can also represent you on union and labor law issues, including NLRB proceedings, union election campaigns and negotiation of collective bargaining agreements.

Consumer Matters

Our team has a depth of experience in defending consumer claims that is matched by few. We have litigated on behalf of dealers in a broad range of consumer law issues. Such experience includes defense of small claims court actions to complex federal class action claims. We also defend dealers embroiled in Attorney General Investigations or subject to Better Business Bureau inquiries. Finally our team members can review or draft your deal documents to help reduce the risk of exposure from such matters.

Finance and Insurance

Your F& I department can be your best profit source. It can also be the breeding ground for class actions against the dealership. Our team can review and revise your F& I policies, procedures and practices to reduce that risk. We also can counsel and defend your dealership on litigation of F&I disputes. Also, we have reviewed, revised and negotiated with various lenders concerning their proposed agreements. Finally, we provide defense to a dealer on “Non-Recourse” finance agreements, as well as defense of F&I based lawsuits under TILA, Consumer Leasing Act, ECOA and FCRA/FACTA.

Business Planning

Your dealership may need various business planning documents such as, shareholders agreements, pre-organization agreements, buy-sell and buyout agreements, succession planning materials, voting agreements, stock options and warrants, family limited partnerships and land trusts. The Auto Dealer Legal Services Group can help you sort out which are warranted for your specific situation.

Entity Selection and Transactions

Whether you chose to establish your entity as a Subchapter C & S corporation, a Limited Liability Company, or as a Limited Liability Partnership, we can help. Also, in your business you will be viewed as a leader of the community. If you decide to establish a Non-profit entity or a charitable foundation, we can assist with seeking state and federal tax exemptions therefore. Also, to the extent you chose to do business internationally, we have attorneys who can help. We can also represent your interests with respect to mergers, acquisitions, reorganizations, spin-offs and divisive re-organizations. We have team members who are also familiar with the Hart Scott Rodino & European pre-merger antitrust disclosure and compliance rules and that can provide opinions on Indiana and Delaware business law.

Taxation and Estate Planning

Harrison & Moberly can handle negotiations and litigation with the Internal Revenue Service. We also provide representation before the Indiana Department of Revenue and Indiana Tax Court. Our attorneys can assist with tax planning and write tax opinions for our clients. Furthermore, we will counsel you on your overall estate needs. Our wealth transfer planning team can formulate a plan for your estate which may include the drafting of wills, family limited partnerships, charitable trusts or living trusts. Finally we can guide your survivors through the probate process.

Advertising Issues

The Auto Dealer Legal Services Group is ready to assist with issues involving the various statutes that impact advertising and marketing, including: the Truth-in-Lending Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Indiana Deceptive Practices Act, Federal Trade Commission Rules and Federal and State Anti-Spam laws.

OSHA Compliance and Defense

Our team members can assist your dealership with drafting, review and implementation of dealer safety policies and procedures. We also can perform “mock investigations” to confirm dealer compliance with safety regulations and will provide a report outlining areas where you are at risk.

Technologies Law

Your dealership is becoming more and more enmeshed in technological issues. Whether those issues relate to patent, trademark, copyright and know how licensing or implicate trademark and copyright applications, we have the attorneys to fill this need. We can also assist with: Manufacturing agreements; Technology transfers; Technical assistance agreements; Software and hardware licenses; Software development agreements; Computer licenses; Web hosting agreements; Internet and cyberspace law; and Intellectual property protection.

Privacy Laws and Regulations

Your employees and your customers both expect you to protect their personal information you collect. The impact of identity theft and the sting imposed on its victims cannot be ignored. We have attorneys that are familiar with the rules governing HIPAA Health Privacy Law compliance, PATRIOT Act concerns, OFAC inquiries, Anti-spam law rules, the Graham Leach Bliley Financial Privacy Act and regulations, FCRA and FACTA. Our team also is prepared to assist and provide advice on the document retention and disposal regulations that govern these privacy law concerns.

Real Estate

The Auto Dealer Legal Services Group is ready to assist in acquisition, leasing, finance, development, land use, tax deferred exchanges, and title issues. Among our current clients are purchasers and sellers, developers, builders, investors, tenants, lenders, and title underwriters. Our services to these clients span across buy/sell transactions, secured financing agreements, commercial leasing and management agreements, joint ventures, easement and restrictive covenant issues, land use and zoning matters, tax deferred exchanges, environmental concerns and the negotiation and litigation of disputed property matters.

State and Federal Litigation

The Auto Dealer Legal Services Group also has the attorneys you need to protect your interests in State or Federal court. Our litigators have decades of experience before these courts and will guard your business interests in such forums. When required by statute or agreement the litigators in the Auto Dealer Legal Services Group will also protect our Auto Dealer clients in arbitration or mediation settings. Finally, if necessary, we can represent you before the various appellate tribunals that may have jurisdiction over your case.

As demonstrated by this ever growing list of legal areas, the Auto Dealer business is one that becomes more complex with each passing day. No one person can be the font of all knowledge and wisdom. Instead, a team approach is required. The Auto Dealer Legal Services Group has a team of attorneys who are leaders in their particular areas of law and are committed to providing you the services you need for the business you own and operate. Bill will make sure your dealer specific issues are addressed by the right attorney at the right cost. Remember, we are here to help you keep “taking care of business.”

Contact Bill today to learn how Harrison & Moberly’s Auto Dealer Legal Services Group can team up with you to win the daily business battles you face. You can reach Bill in a number of ways, the general office number (317) 639-4511; the toll free number (800) 425- 4511; Bill’s cell phone (317) 627-6081, or via e-mail at wivers@h-mlaw.com.