Randy is a co-chair of the Firm’s 20-plus attorney Motor Vehicle Group. With more than 20 years of experience, Randy’s practice involves representing motor vehicle manufacturers and distributors, as well as captive finance companies, in the automobile, motorcycle, and power sports industries.
A significant focus of Randy’s practice involves counseling manufacturer clients with respect to dealer network matters. He assists manufacturers in:
- Forming new distribution subsidiaries
- Launching new vehicle lines and distribution networks
- Introducing new vehicle models
- Preparing and issuing new dealer agreements, operating standards and policies
Randy regularly counsels manufacturer clients on a wide range of vehicle distribution matters confronted by manufacturers in their day-to-day business operations, including on matters relating to the:
- Selection and appointment of dealers
- Creation of facility and corporate identification standards
- Development of dealer incentive programs
- Implementation of vehicle allocation systems
- Management of customer treatment initiatives
- Establishment of vehicle pricing, marketing and advertising practices
Randy also regularly assists manufacturers in developing market representation strategies, both at the national and local market levels. He has led the development and implementation of several successful manufacturer initiatives aimed at improving dealer network performance. In addition, he has significant experience assisting manufacturers in addressing business issues arising in developing areas of the law, such as manufacturer direct sales, private equity dealership ownership, rights of first refusal, electric and hybrid vehicle sales, and motor vehicle e-commerce.
Randy’s practice also involves representing manufacturer clients on a nationwide basis in dealership litigation matters. Working with an experienced team of motor vehicle litigators, Randy has litigated dealership matters in more than 25 states, including before federal and state courts and in state administrative agencies. In addition, supported by bankruptcy attorneys experienced in motor vehicle matters, he has represented manufacturers in dealer bankruptcy proceedings. Randy has served as lead trial counsel in numerous contested evidentiary proceedings, and as lead counsel in appellate proceedings. In many instances, Randy’s cases have involved direct challenges to state motor vehicle franchise statutes, and he has successfully argued several cases before state supreme courts that have involved challenges to the constitutionality of those statutes. Randy is a member of the bar of numerous courts throughout the nation, including the U.S. Supreme Court.
In addition, Randy actively works with an experienced team of corporate attorneys in negotiating and documenting a wide-variety of complex vehicle distribution related transactions. Those matters have involved not only dealer establishments and owner changes, but also numerous third party commercial arrangements. Those arrangements have included agreements relating to the up-fitting of vehicles, the providing of logistics support, the distribution of fleet vehicles, the sale of limited supply non-homologated products, the establishment of branded goods boutiques, the development of software and social media platforms, the sharing of consumer data, and the licensing of protected trademarks. Randy and his team also regularly prepare vehicle warranties and vehicle maintenance and service contracts, and counsel manufacturers on the regulation and sale of those products.
Throughout his career, Randy has served on the boards of several not-for-profit organizations. He also co-founded an alternative investment management company that has raised more than $100 million to fight global poverty through direct investments in micro-finance institutions in developing economies throughout the world. Randy currently provides legal services to not-for-profit organizations on a pro bono basis, and is an active member and former co-chair of the Firm’s Pro Bono Committee.