Practice:

• Chairman, Automotive
• Business Litigation
• Franchise

Bar Admissions:

Massachusetts
U.S. Court of Appeals for the First Circuit
U.S. District Court of Massachusetts
Supreme Judicial Court of Massachusetts

Experience:

Mr. Harris has more than thirty years of experience representing businesses. He focuses his practices on representing and providing strategic advice to closely-held businesses, distribution businesses and franchises. In particular, Mr. Harris concentrates his practice representing motor vehicle dealers and is legal counsel and a strategic advisor to numerous automobile dealers throughout New England advising them on trade regulatory practices, compliance issues, matters involving dealer terminations and protests, labor and employment matters, wage and hours compliance, defense of consumer protection claims, breach of contract actions and other commercial litigation disputes. He also has been counsel to several large marine dealers throughout the country and was counsel to a buying cooperative for marine dealers.

Mr. Harris was one of the co-authors of the 2002 amendment to the Massachusetts Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers, Chapter 93B. He has also been general counsel to the Massachusetts State Automobile Dealers Association and has advised several state motor vehicle dealer associations. He has served as an expert witness on motor vehicle dealer matters before several courts in New England. Mr. Harris is also a frequent speaker and writer on matters related to motor vehicle dealers and the automobile industry.

Significant Cases:

• Prevented, via a state court action, the location of a new dealer location within the relevant market area of an existing dealer. Received the highest award of attorney’s fees in the Commonwealth at the time of the award.
• Represented a large publicly traded automobile dealership entity in defending the placement of an additional motor vehicle dealership location.
• Defended and prevented the termination of numerous motor vehicle dealers by various motor vehicle manufacturers and distributors.
• Prosecuted an accounting malpractice matter on behalf of a motor vehicle dealer and obtaining a judgment in negligence as well as unfair and deceptive practices against the accountant. The matter was appealed to the Federal District Court of Appeals and was able to successfully argue before the Federal District Court of Appeals that the lower court findings should be affirmed.
• Prevented the termination of numerous dealers’ floor plan sources.
• Arbitrated successfully on behalf of numerous wind-down motor vehicle dealers under federal law.
• Represented a closely-held business in a counterclaim for unfair and deceptive practices. Successfully defeated the claims brought against the closely-held business and prevailed on the counterclaims for unfair and deceptive practices.
• Settled a shareholder dispute between the majority shareholder and the minority shareholders without the need for litigation.
• Represented closely-held businesses and motor vehicle dealers against unfair and defective practice claims.
• Represented motor vehicle dealers and closely-held businesses in several employee fraud cases .
• Advised on compliance to a non-compete agreement in launching a start up company.

Representative Transactions:

• Represented over one hundred privately held motor vehicle dealers in buy-sell transactions of motor vehicle dealerships as well as the acquisition of the related real estate.
• Represented seller in the sale of the motor vehicle dealership to a publicly traded company.
• Represented numerous closely-held businesses in buy - sell transactions.
• Represented numerous motor vehicle dealers as well as closely-held business in their financing transactions.

Memberships:

• American Bar Association
• Boston Bar Association
• Dean’s Leadership Committee for Vermont Law School
• Jimmy Fund Council of Greater Boston
• National Automobile Dealer Counsel, Founding Member

Education:

• J.D., Vermont Law School, 1976
• B.A., University of Bridgeport, 1973

Quotes:

Recent Articles and Publications: