Kevin M. Colton

Kevin Colton practices primarily in the area of motor vehicle franchise and distribution. His experience is concentrated in counseling motor vehicle manufacturers and distributors on issues relating to the infrastructure of their nationwide sales and distribution networks and in litigating issues that arise from the distributor/dealer relationship.

Mr. Colton’s representation of North America’s major motor vehicle, motorsports, and heavy truck and equipment original equipment manufacturers (OEMs) goes beyond advancing and representing clients’ interests in dealer establishments, relocations, terminations, and transfers and includes national advice on their dealer network strategy and plans, including drafting new dealer agreements, dealer network policies and internal procedures, and implementing new performance, incentive, and facility programs.

With 20 years of experience in-house at a major OEM, Mr. Colton understands the need to achieve his clients’ business objectives in a timely and cost-effective manner and has developed creative strategies to minimize client risk while achieving the optimal business results in a heavily regulated environment.

Education:

• University of California Los Angeles School of Law, JD (1980)
• University of California, Santa Barbara, BA (1977)

Admissions:

• California
• U.S. District Court for the Central District of California
• U.S. Court of Appeals for the Ninth Circuit

Experience:

• Represented a major automotive OEM in the establishment of a new dealer in the Oklahoma City market, achieving a unanimous result in favor of the OEM and denying the protest filed by an existing dealer in market
• Drafted dealer network policies for a major heavy truck OEM and advised OEM’s network operations team in implementing best practices for dealer network documents and procedures
• Advised a new Europe-based OEM on all aspects of its U.S. entry, including development of letters of intent, dealer agreement, policies and procedures, appointment of dealers, and licensing issues
• Advised a major OEM in relation to a merger with another OEM, combination of products, and rationalization of dealer networks

Previous Professional Experience:

• Partner, motor vehicle franchise and distribution team, California office of a national law firm
• Senior Market Representation Counsel, Nissan North America

Professional Activities:

• American Bar Association
• California State Bar Association