On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro, et al. No. 16-1362 (“Encino”). In Encino, the Court reversed a Ninth Circuit Court of Appeals Decision and ruled that automotive service advisors are exempt employees not entitled to overtime wages per the Fair Labor Standards Act (“FLSA”) 52 Stat. 1060. (Opinion Pg. 1.) The Court ruled that automotive service advisors are […]
So you have sold a vehicle. You have informed the customer that, per the Retail Installment Sales Contract, any and all disputes they may have with either the purchased vehicle or your dealership are subject to arbitration. A dispute arises, you bring the case to our attention, and more likely than not, your case is no longer in the hands of the Superior Court with a more than likely hostile […]
Risks And Regulation Of Digital Currency Digital currency is a new electronic payment system that involves the use of software code to function as money over a computer network, much like the internet. The most famous digital currency is Bitcoin. At bitcoin.org under the tab “you-need-to-know” states “Bitcoin is an experimental new currency that is in active development…. Be prepared for problems and consult a technical expert before making any […]
Given the prevalence of vehicle history reports such as CarFax and AutoCheck, and consumers’ demand for the same when they purchase used vehicles, an issue has arisen regarding a dealership’s obligation to report a mileage discrepancy when that discrepancy is solely created by a third-party notation on a vehicle history report. The most common situation usually arises where a dealer purchases a vehicle at auction, where the vehicle is not […]
Digital currency is a new electronic payment system that involves the use of software code to function as money over a computer network, much like the internet. The most famous digital currency currently is Bitcoin. Digital currency is built on the equivalent of a computer operating system, called a blockchain. A digital currency has each of its monetary units (called “coins”) in an electronic registry, which is stored in computer […]
What are forum selection clauses and how do they affect a commercial relationship? Forum-selection clauses are clauses within a contract which allow the contracting parties to agree to litigate a dispute in a particular state or court. While forum-selection clauses are increasingly used in commercial contracts today, they can often be overlooked during contract negotiations, resulting in an obstacle when a dispute arises. A particular forum usually benefits one of […]
