Kevin Colton practices primarily in the area of motor vehicle franchise and distribution. He has extensive experience in counseling motor vehicle manufacturers and distributors in issues relating to all aspects of the infrastructure of their nationwide sales and distribution networks and in litigating the issues that arise from the distributor/dealer relationship.
Mr. Colton represents and regularly counsels more than fifteen of North America’s major manufacturers and distributors of motor vehicles in all aspects of their commercial relationships with their authorized dealers. His experience includes assisting clients with the drafting and filing of new and amended dealer agreements, policies and procedures, upgrading of retail dealer networks, implementation of new dealership brand-image facility programs, incentive programs, buy-sell review standards, APR/AOR modifications, programs to rationalize dealer networks, Internet marketing and allocation systems.
Mr. Colton also serves as counsel for numerous start-up motor vehicle manufacturers and distributors, including many manufacturers of all-electric, hybrid, low-emission and other “green” vehicles. Among other things, Mr. Colton assists these clients with design and development of their retail distribution models, drafting of agreements and policies, development of e-commerce programs, international distribution agreements, securing required industry licenses nationwide and other issues impacting their business plans.
In his previous position as the Senior Market Representation Counsel for Nissan North America, Mr. Colton directed and managed litigation nationwide. He was involved in over 400 motor vehicle franchise cases before administrative agencies and state and federal courts, including cases relating to termination, add-points, transfers, dealer upgrade initiatives, allocation, price discrimination and incentive and other dealer support programs. Since joining Baker Hostetler, Mr. Colton has represented clients in civil and administrative litigation involving add-points, termination, facility upgrades, APR/AOR modification and other franchise litigation in California and several other states.
Mr. Colton also represents Captive Finance Companies in retail consumer finance disputes and other issues related to dealer financing of retail sales and leases.
Mr. Colton has been a featured speaker at various motor vehicle industry events, including the National Association of Motor Vehicle Boards and Commissions Annual Conference and the California New Motor Vehicle Board Industry Roundtable. He has developed comprehensive legal awareness and litigation prevention programs for sales and marketing executives and field personnel covering a broad range of topics, including sales and marketing issues, dealer performance issues and documentation.