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 #20 — August 9, 2021
Proposition 65
Real Estate
Specific performance
Enforcement of real property purchase agreements
Labor & Employment
Privacy & Cybersecurity
Dealership Buy/Sells
Complex Litigation
Lemon lawsuits and joint defense agreements
An ounce of prevention is worth a pound of cure
California 998 settlement offers
Recent case law & how to make sure your offer will be upheld in court
Firm News
Issue #19 — May 14, 2021
Real Estate
Regulatory/Licensing
Advertising/Sales/F&I
Dealership Buy/Sells
Labor & Employment
Vaccinations in the workplace
Balancing risk and opportunity
Privacy & Cybersecurity
Complex Litigation
Proposition 65
Firm News
Issue #18 — February 4, 2021
Compliance
Laws and regulations affecting dealerships
2020 — looking back and moving forward, Part 1
Laws and propositions affecting all businesses
2020 — looking back and moving forward, Part 2
Employment laws affecting businesses
2020 — looking back and moving forward, Part 3
What businesses need to know for COVID-19 compliance in 2021
2020 — looking back and moving forward, Part 4
2020 cases affecting dealerships in 2021
2020 — looking back and moving forward, Part 5
Employment cases affecting businesses
2020 — looking back and moving forward, Part 6
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