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Scali Rasmussen, Ahead of the Curve: navigating dealer compliance in a changing industry

PRIVACY & CYBERSECURITY

California Privacy Protection Agency published the first set of regulations interpreting CPRA

The Consumer Privacy Rights Act (“CPRA”) amended the California Consumer Privacy Act of 2018 (“CCPA”). The CPRA also created the California Privacy Protection Agency (“Agency”) to implement and enforce laws for the CCPA. As part of the Agency’s rulemaking authorities, the Agency published their first set of regulations which, among other things, update previous regulations to conform with the amendments to the CCPA through the CPRA.

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PROPOSITION 65

Coffee and Prop 65

The long and winding road is over

Most of us enjoy a cup of coffee (or two) in the morning. In fact, we rely on it for the caffeine boost it provides. Other than the potential harmful effects of caffeine, we do not think that coffee can cause a major illness such as cancer or heart disease. But, unbeknownst to us, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether drinking coffee can cause cancer.

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LABOR & EMPLOYMENT

How to implement your own "bring your own device" policy

We recently reported on various types of policies employers have adopted concerning cell phone use in California. California employers are required to reimburse a “reasonable” percentage of their employees’ cell phone, data and internet usage bill when said employees are required or expected to use their cell phone, data or internet connection for work-related purposes. This legal obligation arises from Labor Code Section 2802, which requires employers to reimburse their employees for “all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.” One form of policy employers use to comply with this obligation is a “bring your own device policy” (“BYOD”). However, BYODs require diligent oversight to minimize risk of noncompliance. Different forms of BYOD exist that employers can implement, and each has its own benefits, administrative burdens, and risks.

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DEALERSHIP BUY/SELLS

Facility improvements deal killers?

Dealership facility upgrades are a constant point of contention between factories and dealers. Factories can impose a wide range of facility demands, ranging from light brand image or signage updating, to complete facility refurbishment, rebuild, or even relocation. Dealers view many such requests as onerous and/or unlikely to provide any boost to sales.

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COMPLIANCE

California Court of Appeals split on whether manufacturers can enforce arbitration provisions in car sale contracts

On April 4, 2023, the California Court of Appeal’s Second District affirmed the trial court’s ruling in Ochoa v. Ford Motor Company and related cases, denying Ford’s motion to compel arbitration in a Lemon Law lawsuit. In so doing, the Second District split from the Court of Appeal’s Third District’s 2020 holding Felisilda v. FCA US LLC holding manufacturers could enforce arbitration provisions in car sale contracts between dealers and customers.

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FIRM NEWS

Scali Rasmussen in the news and on the move

In March, Scali Rasmussen launched a quarterly, retail automotive Buy Sell Newsletter called "Getting to Go!" with former Automotive News journalist Alysha Webb at the helm as Editor in Chief. Featured in issue one is cross border transactions, pinpointing the various challenges to expect and offering strategies for success in international buy sells. SR will also be maintaining a list of recent buy sells on our website.

In April,  SR's Jennifer Burns and Janae Hill spoke about current developments in employment and privacy issues at long time valued client Car Pros Automotive Group's in-house Administrative Conference in San Diego.

Coming May 4th, Scali Rasmussen celebrates its 10th anniversary with "A Night in Tuscany." Clients, friends and colleagues will be treated to an array of authentic Tuscan fare and cocktails at the spectacular Houdini Mansion in Laurel Canyon with this milestone event hosted in partnership with the Italy-America Chamber of Commerce West. A presentation at the event is also planned to bring greater awareness to Give. Mentor. Love., a regional non-profit dedicated to help salvaging the lives of young victims of sex trafficking.

Looking ahead to June, Bert Rasmussen will speak at the ADOMA annual conference in Las Vegas on the topic: "Taking Stock of Dealer Franchise Rights - Past, Present, and Yet to Come." The firm will also participate in the vendor faire on Friday, June 23, from 3 to 4:30 pm.

Also in June, firm founder Christian Scali, will speak about Unique Issues in Auto Buy Sells at the Excellency Conference in Amsterdam.

Awards and accolades

The Los Angeles Business Journal named Attorneys Colleen O’Brien and Jasmin Bhandari as Women of Influence in the Legal Profession

The Los Angeles Business Journal named Scali Rasmussen Attorneys Jeffrey Erdman and Jasmin Bhandari as Southern California Minority Leaders of Influence

Scali Rasmussen Advised Dalton Corporación' of Mexico in the acquisition of assets to secure the auto retailer's presence in U.S. markets.

This past October, the Legal Aid Foundation of Los Angeles honored Scali Rasmussen with its Pro Bono Law Firm Award for SR's victory on behalf of unlawfully displaced low-income residents in Santa Monica; the culmination of a yearslong volunteer effort by the firm.

The Los Angeles Times Honored Scali Rasmussen Attorney Colleen O’Brien as one of their Inspirational Women Award Nominees

The Los Angeles Business Journal Recognized Attorney Christian Scali as a Top Labor and Employment Lawyer in Southern California

California’s preeminent legal newspaper, The Daily Journal, Named Scali Rasmussen as one of Southern California’s Top Boutique Law Firms

The Los Angeles Business Journal Named Scali Rasmussen as one of the Most Admired Law Firms to Work For

Scali Rasmussen: Ahead of the Curve

CCPA

Are you compliant?

 

Learn more about our compliance program

ccpa@scalilaw.com   — or —   (213) 239-5622

 

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