
Ahead of the Curve
Ahead of the Curve is Scali Rasmussen's quarterly newsletter, designed to keep clients and friends ahead of the compliance curve in a rapidly changing industry. We understand you likely read Automotive News and Ward’s and follow the news and alerts from the NADA and CNCDA, among other industry publications. Rather than regurgitate stories you may have read there or that you received from other sources, we strive to provide reasoned, practical take-aways for you to think about or implement at your dealerships, based on real issues our clients are having or trends we are seeing in the industry.
Issue #17 — August 1, 2020
Labor & Employment
Employers can’t get a break…
Meal and rest break requirements in California—current legal issues and best practices
Franchise & Operations
Firm News
Issue #16 — January 27, 2020
Compliance
An aggressive DMV and accusations by mail
2019 cases affecting auto dealers: Part 1
Recent cases demonstrate the importance of making websites accessible
2019 cases affecting auto dealers: Part 2
Advertising/Sales/F&I
California courts continue to impose strict restrictions on CLRA correction offers
2019 cases affecting auto dealers: Part 3
California court finds manufacturer steps into retailers shoes when it offers express warranty for certified pre-owned vehicles
2019 cases affecting auto dealers: Part 4
Complex Litigation
California Supreme Court sets low bar for ascertaining membership for a class action
2019 cases affecting auto dealers: Part 5
Arbitration: the roller-coaster ride continues
2019 cases affecting auto dealers: Part 7
Labor & Employment
Significant employment cases of 2019
2019 cases affecting auto dealers: Part 6
Issue #15 — August 5, 2019
Complex Litigation
Privacy & Cybersecurity
Data breaches continue to make the news
Take action to secure your customer data
Labor & Employment
Compliance
F&I/Consumer
Firm News
Issue #14 — April 4, 2019
Proposition 65
Regulatory/Licensing
F&I/Consumer
Warren v. Kia Motors America, Inc.
Another cautionary tale for California auto dealers
Labor & Employment
Issue #13 — October 16, 2018
Complex Litigation
Offset
Defensive shield or tactical sword?
F&I/Consumer
Labor & Employment
Lessons for California employers from the Uber saga
A testament to the power of arbitration agreements following epic systems & interplay of Dynamex’s impact on the gig economy
Dealership Buy/Sells
Buy sell holdbacks
A buyer protection plan
Compliance
Automotive repair act overhaul
Using modern technology to communicate with your repair customers
Issue #12 — July 16, 2018
Franchise & Operations
Threatened tariffs threaten dealers
Impact on future dealer investment
Dealership Buy/Sells
Labor & Employment
After Janus
Employers should proceed with caution
U.S. Supreme Court upholds class action waivers in employee arbitration agreements
Finds labor laws protecting “concerted activity” no obstacle
Complex Litigation
SCOTUS prohibits “piggybacking” of time-barred class claims
No statute of limitations tolling for pending class actions
Proposition 65
Trial judge says coffee drinkers should be warned about cancer
State agency says he’s wrong
F&I/Consumer
Regulatory/Licensing
Firm News
Issue #11 — April 14, 2018
Franchise & Operations
Compliance
Labor & Employment
Firm News
Issue #10 — October 20, 2017
Complex Litigation
New developments in arbitration law require auto dealer counsel to assess several issues
What do you need to know?
Interim adverse judgment rule
Zealous advocacy may foreclose your ability to file a malicious prosecution action after successfully defending a lawsuit
Franchise & Operations
Beck Chevrolet continues to make ripples
Now in incentives
Labor & Employment
Workplace harassment
A primer
Dealership Buy/Sells
Advertising/Sales/F&I
Compliance
Firm News
Issue #9 — June 22, 2017
Complex Litigation
Franchise & Operations
Labor & Employment
Using an outside staffing agency
What you need to know
Arbitration update
Tips for drafting enforceable arbitration agreements with California employees
Dealership Buy/Sells
Bulk sales laws
A primer
Real Estate
Advertising/Sales/F&I
Compliance
RACER consulting firm formed to guide and inform auto dealers
The Scali Law Firm partners with Southland Motor Car Dealers Association
Issue #8 — April 4, 2017
The FTC Sage settlement
What we can learn from the misfortune of others
What’s in your FCRA disclosure form?
A recent court case serves as a warning to employers
Workplace investigations
Important tips for planning and implementing them
Complying with the New Buyer’s Guide
Dealers continue to have questions on implementation
Buyer’s conditions to closing in purchasing an auto dealership
Review them carefully before committing